PEOPLE OF THE PHILIPPINES vs.

RAFAEL BAGARES y MENDOZA

G.R. No. 99026 August 4, 1994
Ponente: J. QUIASON

FACTS: On January 12, 1990, the police received information about a shabu pusher operating at Sixto De
la Paz St., Sta. Elena, Marikina. After three days of surveillance, they identified the pusher as Rafael
Bagares. On January 15, the police conducted a buy-bust operation with a poseur-buyer named Pvt.
Valeroso. Pvt. Valeroso approached Bagares and pretended to be a buyer of shabu. He handed Bagares
four marked one-hundred-peso bills. Bagares entered an alley and after a few minutes returned and
handed Pvt. Valeroso two packets of shabu. Pvt. Valeroso then arrested Bagares and frisked him. He was
able to confiscate the four marked one-hundred-peso bills from Bagares. During the investigation,
Bagares named Imelda Santos as his source of the shabu. Rafael Bagares was convicted of selling shabu
to a poseur-buyer. However, Imelda Santos was acquitted due to constitutional infirmity and the
unreasonableness of the warrantless search and seizure of the evidence against her.

ISSUE: Whether or not the retroactive effect of R.A. No. 7659 can be applied to his case. (YES)

HELD: The retroactive effect of R.A. No. 7659 can be applied to the case of the appellant. Under Art. 4 of
the Civil Code: Laws shall have no retroactive effect, unless the contrary is provided. Exceptions to the
Prospective Effects of Law If the statute is penal in nature, provided that it is favorable to the accused or
convict. The provisions on penalties under the Dangerous Drugs Act of 1972, R.A. No. 6425, were
amended by R.A. No. 7659 in Sec. 20. Application of Penalties, Confiscation and Forfeiture of the
Proceeds of Instrument of the Crime. The penalties for offenses under Sections 3, 4, 7, 8 and 9 of Article
II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the dangerous drugs
involved. If the quantity involved is less than the foregoing quantities, the penalty shall range from
prision correccional to reclusion perpetua depending upon the quantity. The Supreme Court affirmed
the guilty verdict of the trial court, but the penalty was reduced from life sentence to 6 months and 1
day of prision correccional to 2 years and 1 day of prison correccional.