People v. Pimentel

Full Text: http://sc.judiciary.gov.ph/jurisprudence/1998/apr1998/100210.htm

Facts:

As early as 1983, Tujan was charged with Subversion under RA 1700 ( Anti-Subversion Law) as amended before the RTC Manila. A warrant for his arrest was issued on July 1983 but was unserved as he could not be found. 
Seven years after, Tujan was arrested on the basis of warrant of arrest in the subversion case. When arrested, an unlicensed revolver and six rounds of live ammunition was found in his possession. On June 1990, Tujan was charged with Illegal Possession of Firearms and Ammunition in furtherance of Subversion under PD No. 1866 before RTC Makati. Tujan filed a motion to quash the information invoking protection versus double jeopardy since he claims that alleged possession of firearms was absorbed in subversion. It was granted by RTC and CA.

Issue:
Whether or not RA 7363 (An Act Repealing RA 1700) should be applied retroactively to Tujan.


Held:
Yes, RA 7363 should be applied retroactively. The repeal by said law of RA 1700, as amended was absolute. There was no saving clause in the repeal.
Where, as here, the repeal of a penal law is total and absolute and the act which was penalized by a prior law ceases to be criminal under the new law, the previous offense is obliterated. It is a recognized rule in this jurisdiction that a total repeal deprives the courts of jurisdiction to try, convict and sentence persons charged with violation of the old law prior to the repeal.
With the enactment of R.A. No. 7636, the charge of subversion against the accused-private respondent has no more legal basis and should be dismissed.