VALEROSO vs. PEOPLE.
firearm, part of firearm, ammunition
G.R. No. 164815. February 22, 2008.
RETROACTIVITY OF PENAL
LAW.
DOCTRINE: However, penal laws
that favor a guilty person, who is
not a habitual criminal, shall be
given retroactive effect.
FACTS: Four policemen were
directed to serve a warrant of arrest
issued by a judge against petitioner
Sr. Insp. Jerry C. Valeroso in a case for
kidnapping with ransom. Eventually,
the team proceeded to the
Integrated National Police (INP)
Central Station at Culiat, Quezon City,
where they saw petitioner as he was
about to board a tricycle. They
approached the petitioner and put
him under arrest, informed him of his
constitutional rights, and bodily
searched him.Then, they found
tucked in his waist a Charter Arms,
bearing Serial Number 52315 with five
(5) live ammunition. Petitioner was
then brought to the police station for
questioning.
Petitioner was charged with the
crime of illegal possession of firearms
and ammunition under the first
paragraph of Section 1 of P.D. No.
1866, as amended. It provides that
"[t]he penalty of reclusion temporal
in its maximum period to reclusion
perpetua shall be imposed upon any
person who shall unlawfully
manufacture, deal in, acquire,
dispose, or possess any
or machinery, tool or instrument used
or intended to be used in the
manufacture of any firearm or
ammunition." CSTEHI
P.D. No. 1866, as amended, was the
governing law at the time petitioner
committed the offense on July 10,
1996. However, R.A. No. 8294
amended P.D. No. 1866 on July 6,
1997, during the pendency of the case
with the trial court.
ISSUE/S: Is the amendment on a
penal law applicable to Velaroso’s
case despite it occurring prior to the
existence of that amendment?
RULING: YES. As a general rule,
penal laws should not have
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 to the accused.
Although an additional fine of
P15,000.00 is imposed by R.A. No.
8294, the same is still
advantageous to the accused,
considering that the imprisonment
is lowered to prision correccional
in its maximum period from
reclusion temporal in its maximum
period to reclusion perpetua under
P.D. No. 1866.
Note: Eventually, Valeroso filed a Letter-
Appeal, and the Supreme Court resolved
to acquit him, pursuant to the
recommendation of the OSG to acquit
him on the grounds that the testimonies
of the defense were more credible
compared to that of the four policemen.