Case Digest (G.R. No. 143881)
Facts:
Danilo Evangelista y Solomon, G.R. No. 143881, August 09, 2001, Supreme Court Second Division, De Leon, Jr., J., writing for the Court. Petitioner Danilo Evangelista was indicted for robbery and illegal possession of a firearm before Branch 4 of the Regional Trial Court of Manila; after trial he was convicted of both offenses. In Criminal Case No. 92‑109854 (illegal possession of firearms) the trial court imposed an indeterminate penalty described in the record as eighteen years of reclusion temporal as minimum to reclusion perpetua as maximum; in Criminal Case No. 92‑109710 (robbery) it imposed an indeterminate penalty of six years prision correccional as minimum to ten years prision mayor as maximum.On appeal the Court of Appeals affirmed with modification, adjusting the penalties to (1) an indeterminate term of four years, two months and one day of prision correccional as minimum to six years and eight months of prision mayor as maximum for robbery (Crim. Case No. 92‑109710), and (2) an indeterminate term of twelve years, five months and eleven days of prision mayor as minimum to seventeen years, four months and one day of reclusion temporal as maximum for illegal possession (Crim. Case No. 92‑109854). The CA otherwise affirmed the trial court's decision.
Republic Act No. 8294 took effect July 6, 1997 and reduced penalties for unlawful possession of certain low‑powered firearms by making the penalty prision correccional in its maximum period (four years, two months and one day to six years) with a fine of not less than P15,000, “provided that no other crime was committed.” Petitioner sought retroactive application of RA 8294 and filed a petition for habeas corpus, asserting that with the reduced penalty and with good conduct time allowances he had already served more than the maximum punishable term and was therefore entitled to immediate release. The Director of the Bureau of Corrections certified that petitioner had served nine years and three months as of October 18, 2000.
The Office of the Solicitor General did not oppose the petition and not...(Subscriber-Only)
Issues:
- Is petitioner entitled to release under a retroactive application of Republic Act No. 8294?
- Must the two prison terms imposed on petitioner be served simultaneously or successively?
- Does petitioner remain guilty of illegal possession of firearm when the firearm was used in the commission of another crime, so as to pr...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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