People v. Patalin, et al.
G.R. No. 125539
July 27, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFONSO PATALIN, JR., ALEX
MIJAQUE, AND NESTOR RAS, accused-appellants.
Facts:
Alfonso Patalin, Alex Mijaque, and Nestor Ras were charged with robbery with rape. They committed the crime on August 11, 1984, where the crime charged against them was punishable by death in pursuance to Article 294 of the Revised Penal Code. However, the 1987 Constitution, through paragraph 1, Section 19 of Article III, abolished the death penalty. Upon the effectivity of the 1987 Constitution, the case was still at trial. However, on January 1, 1994, Congress restored the death penalty by virtue of RA 7659 or the Death Penalty Law. The accused were found guilty of the crime, and the trial court rendered the decision on June 14, 1995, when RA 7659 had already taken effect.
Issue:
When the death penalty was abolished in 1987 and was retroactively applied to the accused, did that vest them the right so that any future act restoring the death penalty would no longer cover them?
Ruling:
Yes. The abolition of the death penalty by the 1987 Constitution was favorable to the accused, so it was applied retroactively to their case even while still under trial by virtue of Article 22 of the RPC, which provides that penal laws shall have retroactive effect if they favor the person guilty of a felony who is not a habitual criminal even if at the time of the publication of such law the final sentence has been pronounced and the convict is already serving the sentence. This has vested them the right against future restoration of the capital punishment.
According to Gregorio in Fundamentals of Law Review, citing Escalante v. Santos, the penal provision may be given retroactive effect during three stages:
1. When the crime has been committed and the prosecution began
2. When the sentence has been passed but the service has not begun
3. When the sentence is being carried out
It's a Ping Thing 