Title
Gonzales y Rivera vs. Court of Appeals
Case
G.R. No. 95523
Decision Date
Mar 26, 1998
Petitioner convicted for illegal firearm possession; penalty reduced under RA 8294. Release order recalled due to inaccurate detention computation; sentence not fully served.

Case Summary (G.R. No. 150194)

Initial Conviction

On October 28, 1988, Reynaldo Gonzales y Rivera was convicted by the trial court of illegal possession of firearms and attempted homicide. The trial court acquitted him of the attempted homicide charge due to the prosecution's failure to prove his guilt beyond a reasonable doubt. However, he was found guilty of illegal possession of firearms, resulting in a sentence of reclusion temporal ranging from 17 years, 4 months, and 1 day to 18 years, 8 months. No costs were declared in the judgment.

Affirmation by the Court of Appeals

The Court of Appeals subsequently affirmed the trial court's conviction on July 12, 1990. Following this affirmation, on November 13, 1990, Gonzales filed a petition for review on certiorari with the Supreme Court, seeking to reverse the appellate court's decision.

Legislative Changes and Modification of Sentence

While the Supreme Court case was pending, Republic Act No. 8294 was enacted, which amended the penalty provisions for the crime of illegal possession of firearms, effectively lowering the penalties prescribed therein. In a decision dated August 18, 1997, the Supreme Court upheld Gonzales's conviction but modified the penalty in accordance with the new law. The revised penalty was set to a minimum of four years and two months and a maximum of six years.

Calculation of Preventive Detention and Subsequent Developments

The Supreme Court noted that Gonzales had already served a period of nine years, nine months, and twenty-three days in detention, which exceeded the maximum imposed penalty for his offense. As a result, the Court ordered his immediate release unless he was being detained for another lawful cause.

However, it was later revealed by Action Officer Homobono R. Lachica, Jr. that the official records from the Bureau of Corrections indicated Gonzales had served only one month and twelve days. This discrepancy arose because after his conviction and bail bond forfeiture, he became untraceable until his subsequent arrest on September 16, 1993. He only entered the Bureau of C

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