Case Summary (G.R. No. 117078)
Facts of the Case
Willy Bagawe y Pagalla was convicted for violating Section 4, Article II of R.A. No. 6425, which addresses the sale and delivery of marijuana. His conviction mandated a life sentence and a P20,000 fine due to his possession of controlled substances, specifically a total of 13.6 grams of marijuana. The Supreme Court affirmed the trial court's decision on April 7, 1992, which became final on May 11, 1992. Since his arrest on April 14, 1987, Bagawe has been serving time in the New Bilibid Prisons.
Legal Arguments
The petitioners argue that, in light of the ruling in People vs. Simon, the maximum penalty for Bagawe should be recalibrated to two years, four months, and one day of prision correccional rather than the life sentence initially imposed. They assert that Bagawe, having served over six years, is entitled to release. Conversely, the Office of the Solicitor General concurs with the application of the Simon decision but proposes a different calculation of the penalty, suggesting an indeterminate sentence of six months to six years of prision correccional, in alignment with precedents set in Simon and People vs. Saycon.
Application of the Law
Under Article 22 of the Revised Penal Code, penal provisions that favor the accused are retroactive provided the accused is not a habitual offender. R.A. No. 7659 is deemed beneficial for Willy Bagawe, allowing the application of more lenient penalties post-conviction. The appropriate penalty, according to the modified law, would have been a sentence ranging from six months of arresto mayor to four years and two months of prision correccional after applying the Indeterminate Sentence Law.
Court's Conclusion
Despite the finality of the original judicial decision against Willy Bagawe, the Supreme Court determines that the writ of habeas corpus can be utilized for individuals who have served a term exceeding the maximum penalty that could have been correctly imposed under favorable law. The
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Case Background
- The case involves a petition filed by petitioners Alfredo G. Lamen and Reynaldo A. Cortes for the issuance of a writ of habeas corpus to secure the release of Willy Bagawe y Pagalla.
- Willy Bagawe was previously convicted for violating Section 4, Article II of R.A. No. 6425 (The Dangerous Drugs Act of 1972) for selling and delivering marijuana.
- He was sentenced to life imprisonment and fined P20,000.00 for possession of a total of 13.6 grams of marijuana, which included three matchboxes with marijuana flowering tops (3.5 grams), a matchbox containing a cigarette butt, and a brown paper bag with an additional 10 grams of marijuana.
Judicial Proceedings
- The conviction was upheld by the Supreme Court in a decision dated April 7, 1992, and this decision became final on May 11, 1992.
- Willy Bagawe has been incarcerated since his arrest on April 14, 1987, and is currently serving his sentence at the New Bilibid Prisons in Muntinglupa, Metro Manila.
Petitioners' Argument
- The petitioners argue that according to the precedent set in People vs. Simon, the gross quantity of marijuana (13.6 grams) warrants a