Case Summary (G.R. No. L-32377)
Conviction and Sentencing
Lucas Buiser was sentenced to serve two months of arresto mayor, to pay indemnity to the victim Damian Bautista in the amount of PHP 500.00, and to cover the costs of the case. Additionally, the sentence included a provision for subsidiary imprisonment should Buiser be unable to pay the indemnity. The Court of Appeals affirmed this sentence in its decision.
Grounds for Appeal
Buiser pursued a certiorari appeal before the Supreme Court on two main grounds: firstly, he argued that the lower court's decision contradicted the evidence presented in the case; secondly, he contested the imposition of subsidiary imprisonment in the event of his insolvency. The Supreme Court ultimately decided to grant due course to his appeal concerning the issue of subsidiary imprisonment only.
Applicability of Republic Act No. 5465
Buiser contended that he should be granted the benefits of Republic Act No. 5465, which abolished subsidiary imprisonment for insolvency in cases where the accused fails to pay indemnities. The act became effective on April 21, 1969, and as Buiser's appeal was pending when this law took effect, he argued that he was entitled to the benefits enshrined within it.
Legal Framework
The petitioner invoked Article 22 of the Revised Penal Code, which states that penal laws shall have retroactive effect when they favor the offender. Buiser asserted that since he was not deemed a habitual criminal, he should receive the benefits of the amendment provided by Republic Act No. 5465, as it abolished the liability for subsidiary imprisonment stemming from failure to pay civil indemnities.
Position of the Solicitor General
The Solicitor General's comment supported the petitioner’s contention, acknowledging that the imposition of subsidiary imprisonment in Buiser's case was not consistent with the amended law. The Solicitor General agreed that the law’s retroactive application in favor of Buiser was justified.
Court's Ruling
The Supreme Court ruled in favor of the petitioner concerning the issue of subsidiary imprisonment. Although the original decision by the Court of First Instance and the affirmation by the Court of Appeals were correct under
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Case Background
- Petitioner Lucas Buiser was convicted of the crime of less serious physical injuries through reckless imprudence in Criminal Case No. SP-1253 in the Court of First Instance of Laguna.
- He was sentenced to two months of arresto mayor and ordered to indemnify the victim, Damian Bautista, the amount of P500.00, with subsidiary imprisonment in case of insolvency, along with the payment of costs.
- The Court of Appeals affirmed this sentence in a decision promulgated on May 14, 1970, under CA-G.R. No. 08350-CR.
Legal Issues Presented
- Petitioner raised two primary issues in his appeal by certiorari:
- (a) The conviction was contrary to the evidence presented in the case.
- (b) The imposition of subsidiary imprisonment in the event of insolvency to pay the indemnity was erroneous.
Court's Resolution on Legal Issues
- The Supreme Court decided to give due course to the appeal only regarding the second issue concerning subsidiary imprisonment, as per the Resolution dated August 27, 1970.
- The key argument presented by the petitioner was that the Court of Appeals failed to extend the benefits of Republic Act No. 5465, which came into effect on April 21, 1969.