People v. Pimentel
G.R. No. 100210
April 1, 1998
THE PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. OSCAR B. PIMENTEL, as Judge, RTC of Makati, Metro Manila, Branch 148 and ANTONIO A. TUJAN, respondents.
Facts:
Antonio Tujan was charged with subversion under RA 1700 in 1983. Because he could not be found, the warrant of his arrest remained unserved. Seven years later, on June 5, 1990, he was arrested on the basis of the warrant on the subversion case. During the arrest, an unlicensed gun was found in his possession. He was therefore charged with two crimes, Subversion under RA 1700 and Illegal Possession of Firearm and Ammunition in Furtherance of Subversion under PD 1866.
However, on September 22, 1992, RA 7636 was enacted. The law totally repealed RA 1700.
Issue:
Can RA 7636 be given retroactive for Tujan?
Ruling:
Yes. In enacting RA 7636, the intent was to abrogate the anti-subversion law. Since Tujan was not a habitual delinquent, a requirement for the application of the law, the republic act may be retroactively applied to his case.
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