SC Clarifies Effects of RA 9346 on Graduation of Criminal Penalties

By Karen M. Martinez

RA 9346 not only prohibits the physical imposition of the death penalty but
effectively removes the penalty of “death” from the graduation of criminal
penalties under Article 71 of the Revised Penal Code.
The Court clarified RA 9348’s effects in a 53-page decision penned by
Justice Dante O. Tinga, which affirmed with modification the conviction of
Alfredo Bon for the rapes and attempted rapes of his two minor nieces. The
Court ruled that it “cannot find basis to conclude that Rep. Act No. 9346
intended to retain the operative effects of the death penalty in the graduation of
the other penalties in our laws.” Thus, the Court reduced Bon’s penalty for each
of the six counts of rape to reclusion perpetua, while his penalty for each of the
two counts of attempted rape was downgraded to an indeterminate penalty of
two years, four months, and one day of prision correccional as minimum, to
eight years and one day of prision mayor as maximum plus civil indemnity and
damages.
Bon had been found guilty by the trial court of eight counts of rape and was
given eight death sentences. The Court of Appeals had upheld six of the eight
death sentences and downgraded the other two rape convictions to attempted
rape. On review, the Supreme Court had to determine the proper penalty to be
given Bon for the crimes of attempted rape: whether he should be sentenced to
prision mayor, the penalty two degrees lower than reclusion perpetua, which is
now the highest remaining penalty with the removal of the death penalty by RA
9346.
According to the Court, “the negation of the word ‘death’ as previously
inscribed in Article 71 will have the effect of appropriately downgrading the
proper penalties attaching to accomplices, accessories, frustrated and
attempted felonies to the level consistent with our penal laws.” It maintained that
if RA 9346 was to be interpreted in such a way as to limit its effects only to
matters concerning the physical imposition of the death penalty, there would be
an anomalous situation where the penalties for the principals and accomplices
are equalized in certain felonies but not in others.
The Court also clarified that the prohibition against the death penalty did not
result in the reclassification of those crimes previously defined as “heinous.” It
underscored the fact that the amendatory effects of the law pertain only to the
application of the death penalty and not to the classification of felonies.
The Court extended the retroactive benefits of the enactment of RA 9346 in
accordance with Article 22 of the RPC to persons previously convicted of capital
offenses (except habitual criminals) but stressed that “this decision does not
make operative the release of such convicts” as there are other remedies under
the law which could be utilized to secure the reasonable release of such
prisoners. (GR No. 166401, People v. Alfredo Bon, October 30, 2006)