The Supreme Court’s resolution in In Re: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951, in Relation to Hernan v. Sandiganbayan addresses the retroactive application of Republic Act (R.A.) No. 10951, which adjusts penalties for certain crimes based on the value of property or damage involved. This case clarifies the procedure for convicts seeking to modify their sentences and potentially gain immediate release due to the amended penalties, emphasizing that while R.A. No. 10951 can apply to cases with final judgments, the trial court is best positioned to determine eligibility for immediate release based on time served and good conduct.

From Lawyer Impersonator to a Second Look: Adjusting Penalties Under RA 10951

Samuel Saganib y Lutong was convicted of Estafa for impersonating a lawyer and defrauding private complainants. He promised to facilitate the release of their friend from jail in exchange for P100,000.00 in attorney’s fees. However, the prisoner was never released and died in jail. The Regional Trial Court (RTC) sentenced Saganib to imprisonment ranging from five years of prision correccional to nine years of prision mayor, along with significant damages to the complainants. The RTC Decision became final and executory on February 12, 2012. Subsequently, Republic Act No. 10951 was enacted, amending the penalties for Estafa based on the amount defrauded. Saganib sought to have his sentence modified under R.A. No. 10951, arguing that the new law would reduce his penalty and potentially lead to his immediate release.

The Supreme Court acknowledged the applicability of R.A. No. 10951 to cases with final judgments, citing the case of Hernan v. Sandiganbayan. However, the Court also recognized the need for a structured approach to determine eligibility for immediate release. Building on this, the Court referenced the guidelines established in In Re: Correction/Adjustment of Penalty pursuant to R.A. No. 10951 in Relation to Hernan v. Sandiganbayan – Rolando Elbanbuena y Marfil. These guidelines outline the procedure for seeking modification of penalties and potential release. The Court emphasized that the trial court is best equipped to ascertain the actual length of time served by the petitioner and whether good conduct time allowance should be granted.

The Court’s ruling underscores the retroactive effect of R.A. No. 10951, allowing for the reevaluation of penalties imposed in final judgments. This principle is rooted in the concept of ex post facto laws, which generally prohibits laws that retroactively punish actions that were legal when committed or increase the punishment for a crime after it has been committed. However, R.A. No. 10951 reduces penalties and is therefore favorable to the accused, allowing its retroactive application. This approach contrasts with scenarios where a new law increases penalties, which would not be applied retroactively due to constitutional limitations. Moreover, the decision reinforces the importance of individualized assessment in determining whether a convict is entitled to immediate release.

To ensure a streamlined process, the Court reiterated the guidelines for seeking relief under R.A. No. 10951. The guidelines specify the scope of the actions, who may file the petition, and where to file it. The Public Attorney’s Office, the inmate, or their counsel may file the petition with the Regional Trial Court exercising territorial jurisdiction over the locality where the convict is confined. The guidelines also outline the required pleadings, the process for comment by the Office of the Solicitor General (OSG), and the consequences of failing to file a comment. Notably, the guidelines set strict timelines to avoid prolonged imprisonment, requiring the court to promulgate judgment no later than ten calendar days after the lapse of the period to file comment.

The judgment of the court must set forth the penalties imposable under R.A. No. 10951, the length of time the convict has been in confinement, and whether time allowance for good conduct should be allowed. It must also determine whether the convict is entitled to immediate release due to complete service of the modified sentence. The judgment is immediately executory, but the decision is without prejudice to the filing of a special civil action under Rule 65 of the Revised Rules of Court if there is a grave abuse of discretion. These comprehensive guidelines aim to balance the need for swift justice with the rights of convicts to benefit from reduced penalties under R.A. No. 10951.

The Supreme Court explicitly laid out the procedural steps in the resolution. It is important to recall some of them:

I. Scope.

These guidelines shall govern the procedure for actions seeking (1) the modification, based on the amendments introduced by R[.]A[.] No. 10951, of penalties imposed by final judgments; and, (2) the immediate release of the petitioner-convict on account of full service of the penalty/penalties, as modified.

Building on this the other considerations are:

• Who may file.
• Where to file.
• Pleadings allowed.
• Verification.
• Comment by the OSG.
• Effect of failure to file comment.
• Judgment of the court.

In essence, the Court sought to provide clarity and structure to the process, emphasizing the trial court’s role in making factual determinations and ensuring a fair and efficient resolution. In the case of Samuel Saganib, the Supreme Court remanded the case to the RTC for the determination of the proper penalty under R.A. No. 10951 and whether he is entitled to immediate release. This decision exemplifies the Court’s commitment to applying the law retroactively when it benefits the accused while maintaining procedural safeguards to prevent abuse and ensure just outcomes.

FAQs

What is the main issue addressed in this case?	The case addresses the retroactive application of Republic Act No. 10951, which adjusts penalties for certain crimes, to cases where the judgment is already final. It clarifies the procedure for convicts seeking to modify their sentences and potentially gain immediate release.
What is Republic Act No. 10951?	R.A. No. 10951 is a law that adjusts the amount or value of property and damage on which a penalty is based, amending the Revised Penal Code. It generally reduces penalties for certain crimes involving specific monetary thresholds.
Can R.A. No. 10951 be applied to cases with final judgments?	Yes, the Supreme Court has ruled that R.A. No. 10951 can be applied retroactively to cases where the judgment is already final, as the law is favorable to the accused by reducing penalties.
Who can file a petition for modification of sentence under R.A. No. 10951?	The Public Attorney’s Office, the concerned inmate, or his/her counsel/representative may file the petition.
Where should the petition for modification of sentence be filed?	The petition should be filed with the Regional Trial Court exercising territorial jurisdiction over the locality where the petitioner-convict is confined.
What information should be included in the petition?	The petition must contain a certified true copy of the Decision sought to be modified and, where applicable, the mittimus and/or a certification from the Bureau of Corrections as to the length of the sentence already served by petitioner-convict.
What role does the trial court play in the modification process?	The trial court is responsible for determining the proper penalty in accordance with R.A. No. 10951, the length of time the petitioner has been in confinement, and whether the petitioner is entitled to immediate release.
What happens if the Office of the Solicitor General (OSG) fails to file a comment on the petition?	If the OSG fails to file a comment within the prescribed period, the court, motu propio, or upon motion of the petitioner-convict, shall render judgment as may be warranted.
Is the judgment of the court immediately executory?	Yes, the judgment of the court is immediately executory, without prejudice to the filing before the Supreme Court of a special civil action under Rule 65 of the Revised Rules of Court where there is a showing of grave abuse of discretion amounting to lack or excess of jurisdiction.

The Supreme Court’s resolution provides a clear roadmap for convicts seeking to benefit from the reduced penalties under R.A. No. 10951. By remanding the case to the trial court for proper determination, the Court ensures that each case is assessed individually and in accordance with established legal principles.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: IN RE: CORRECTION/ ADJUSTMENT OF PENALTY PURSUANT TO REPUBLIC ACT NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN, G.R. No. 240347, August 14, 2018