PEOPLE vs. SIMON (Criminal Law Review 1)

G.R. No. 93028 July 29, 1994

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

MARTIN SIMON y SUNGA, respondent.

The Solicitor General for plaintiff-appellee.

Ricardo M.Sampang for accused-appellant.

FACTS:

Martin Simon Sunga was sentenced with the punishment of reclusion perpetua for violating the Dangerous Drug Act (RA No. 6425). He allegedly sold four tea bags of marijuana to a Narcotics Command during a buy-bust operation which was sold for P40.00. The said buy-bust operation was executed on or about October 22, 1988.

In this case, the respondent was praying for a lesser punishment under the Revised Penal Code (RPC).

ISSUE:

Whether or not the respondent can avail of the lesser punishment pursuant to Art. 22 of the RPC.

RULING:

Yes, the respondent can avail of the lesser punishment prescribed by Art 22 of the RPC.

Republic Act No. 7659 already took effect on December 31, 1993 after its publication on December 16, 1993 while the respondent was still serving his sentence.

Hence, the respondent was given an indeterminate penalty of arresto mayor or prision correctional instead of serving its full sentence of reclusion perpetua.

The Indeterminate Sentence Law is applicable to this case since drug offenses are not included in nor has appellant committed any act which would put him within the exceptions to said law and the penalty to be imposed does not involve reclusion perpetua or death, provided, of course that the penalty as  ultimately resolved will exceed one year of imprisonment. 

Republic Act No. 6425, as now amended by Republic Act No. 7569, has unqualifiedly adopted the penalties under the Revised Penal Code in their technical signification and effects.  In fact, for purposes of determining the maximum of said sentence, we have applied the provisions of he amended Section 20 of said law to arrive at prision correctional and Article 64 of the Code to impose the same in the medium period.  Such offense, although provided for in a special law, is now in the effect punished by and under the Revised Code.