Case Summary (G.R. No. L-11977)
Factual Background
Lagrimas was charged with assault upon a public official, specifically under Article 251 of the old Penal Code, and was sentenced to two years, eleven months, and eleven days of prision correctional, along with a fine of 375 pesetas. The incident involved Lagrimas slapping Alcazar and using offensive language against her while she was performing her official duties as a teacher.
Legal Argument and Applicable Law
The crux of Lagrimas’s petition for liberty hinges on the interpretation of the Revised Penal Code, particularly Articles 148 and 149, and their respective penalties compared to those of the old Penal Code. Lagrimas argues that Article 149, which concerns indirect assault, should apply and offers a lesser penalty. The respondent, however, contends that Article 148, concerning direct assault, is the relevant provision.
Comparative Legal Analysis
A detailed comparison of relevant articles from the old and revised Penal Codes indicates nuanced differences in definitions and associated penalties of assault. The old Penal Code punished assault with varying degrees and fines, while the Revised Penal Code restructured these definitions, suggesting lesser sanctions in certain cases. It is observed that under the old Penal Code, the penalty could reach up to eight years for severe offenses, while the Revised Penal Code's penalties for comparable offenses are significantly reduced.
Court's Conclusion
The majority opinion affirmed that Lagrimas must serve his full sentence as imposed, as Article 366 of the Revised Penal Code applies to acts committed prior to its enactment. This article specifies that offenses must be punished according to the laws applicable at the time they were committed, notwithstanding its provisions allowing retroactive effects in favor of a convict as outlined in Article 22.
Dissenting Opinion
Chief Justice Avancena dissents, arguing that Lagrimas’s petition should be granted based on the favorable application of the Revised Penal Code. He emphasizes that if the new Code eliminates criminality or reduces the offense's seriousness, those already serving sentences should benefit from such amendments. He contends that a grant of liberty should occur as
...continue readingCase Syllabus (G.R. No. L-11977)
Case Summary
- The case involves Eustaquio Lagrimas, the petitioner, who is detained in Bilibid Prison.
- Lagrimas seeks to be set free based on his interpretation of Article 149 of the Revised Penal Code, which he argues prescribes a lesser penalty for his offense compared to the penalty under Article 251 of the old Penal Code.
- The respondent, the Director of Prisons, opposes the petition, arguing that Article 148 of the Revised Penal Code applies instead.
Background of the Case
- Lagrimas was charged with and found guilty of assaulting Mamerta Alcazar, a public school teacher, while she was performing her official duties.
- The Court of First Instance of Samar sentenced Lagrimas to two years, eleven months, and eleven days of prision correccional and a fine of 375 pesetas.
- The Attorney-General previously argued that Lagrimas' actions fell under Article 250, No. 2 of the old Penal Code, which prescribes a heavier penalty.
Legal Provisions Involved
- Old Penal Code:
- Article 249 defines the offense of assault against a person in authority or their agents.
- Articles 250 and 251 outline the corresponding penalties for such assaults.
- Revised Penal Code:
- Article 148 addresses direct assaults, while Article 149 pertains to indirect assaults.
- Article 366 provides guidance on the applicability of laws before the Revised Penal Code's enactment.
Arguments from the Parties
- Petitioner