RATIONALE: topic: Art. 4
Penal laws that are favorable to the accused are given retroactive effect. (Art. 22 of the RPC)
GIST:
Quiachon was convicted of qualified rape of his daughter in September 9, 2003 and was sentenced to death. However, Republic Act (R.A.) No. 9346 was passed on June 24, 2006 and would be retroactively applied in his case to reduce his sentence from death to reclusion perpetua.
FACTS:
1. On or about 12 May 2001 in Pasig City, Roberto Quiachon raped Rowena, his 8 y/o, deaf-mute daughter.
2. The rape was witnessed by his 11y/o son Rowel, who told his Aunt Lita the following morning about it. They then reported it to the police.
3. Rowel executed a tagalog sworn statement and Rowena testified through sign language.
4. Dr. Guilani of PNP General Hospital Health services testified that Rowena had a bruise on her left cheek and kissmark at her left breast and other findings consistent with recent chronic penetrating trauma and injury which could have happened a day before the examination.
5. The accused disprove the allegations saying that sisters of his common-law wife was just envy that that the proceeds from the rented house that they were interested in was all going to Roberto. Roberto said that Rowel had always been hostile to him since the death of their mother. He disclaimed why Rowena and Rowel would accused him of a very serious offense.
6. RTC found him guilty beyond reasonable doubt and sentenced him to death.
7. The case was elevated to SC because of the death sentence but it was sent to CA, under which, the RTC's ruling was affirmed.
Rowel and Rowena's testimony were credible and consistent with the medical findings. It is unlikely for Rowena to create narration and subject herself to medical examination and their family to public scandal.
9. The RTC and CA's ruling is affirmed. However, R.A. 9346 was enacted.
ISSUE:
W/N Roberto Quiachon's sentence of death be reduced to reclusion perpetua by virtue of R.A. 9346 (Death Penalty Law).
RULING:
Yes his death sentence can be reduced to reclusion perpetua. R.A. No. 9346 is a penal law which, under Sec. 2, prohibits the imposition of death penalty and substitutes reclusion perpetua instead.
The said provision is applicable to the case at bar since penal laws are to be given retroactive effect when it is favorable to the accused.
However, Sec. 3 of the said act disqualifies convicts, whose sentence were originally death and reduced to reclusion perpetua, from obtaining parole.
Thus, although not eligible for parole, his sentence was reduced to reclusion perpetua.
Civil indemnity: P75,000.00
CIVIL INDEMNITY: for committing an act/accused is convicted - not affected by retroactive application of a penal law
EXEMPLARY DAMAGES: aggravating circumstances are committed
- EVEN IF DEATH PENALTY IS NOT TO BE IMPOSED, CIVIL LIABILITY IS STILL TO BE IMPOSED.
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