Consti II case digest: HELD:

Yes.As a general rule, penal laws should not have

VALEROSA VS PEOPLE
ex post facto law
FACTS:
Armed with warrant of arrest and based on the
probable reason to believe based on surveillance
conducted in herein petitioners hideouts in Cavite,
Caloocan and Bulacan, and when the petitioner is
about to board a tricycle, he was then arrested and was
charged in violation of illegal possession of firearm
and ammunition under PD 1866, as amended.
The lower court imposed a penalty of prision
correccional in its maximum period or from 4 years, 2
months and 1 day as minimum to 6 years as maximum
and to pay the fine in the amount of Php 15, 000.
retroactive application, lest they acquire the character
of an ex post facto law. An EXCEPTION to this rule,
however is when the law is advantageous of the
accused.
A new law has a prospective, not retroactive, effect.
however penal laws that favor a guilty person, who is
not a habitual criminal, shall be given retroactive
effect. These are the rule, the exception and exception
to the exception on effectivity of laws.

Upon motion for reconsideration, the Court of Appeals

rendered a decision with modification of a period of 4
years and 2 months as minimum up to 6 years as
maximum.

The petitioner herein was charged with the crime of

illegal possession of firearms and ammunition under
the first paragraph of Section 1 of PD No 1866, as
amended. It provides that the penalty of RECLUSION
TEMPORAL shall be imposed upon any person who
shall unlawfully manufacture, deal in, acquire,
dispose, or possess any firearm, part of firearm,
ammunition or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm
or ammunition.

PD 1866 as amended,was the governing law at the

time the petitioner committed the offense/ however
RA No 8294 amended PD No 1866 during the
pendency of the case with the trial court.

Section 1: Unlawful manufacture, sale, acquisition,

disposition or possession of Firearms or ammunition
or instruments used or intended to be used in the
manufacture of firearms or ammunition. - the penalty
of PRISION CORRECCIONAL in its maximum
period and a fine of not less than Php 15, 000 shall be
imposed upon any person who shall unlawfuly
manufacture, deal in, acquire, dispose, or possess any
low powered firearm, suc as..

ISSUE:
Whether or not the amended PD 1866 imposing
prisional correccional as punishment shall be imposed
to the petitioner in the case at bar.