Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
03 People v Lacson
(wherein the Court ruled that the time-bar rule under Section 8 of Rule 117 does
NOT apply retroactively). He asserts that pursuant to a long line of jurisprudence
GR No.149453 | October 7, 2003 | Provisional Dismissal | Binky
and a long-standing judicial practice in applying penal law, Section 8, Rule 117 of
Petitioner: EOPLE OF THE PHILIPPINES, THE SECRETARY OF JUSTICE, the Revised Rules of Criminal Procedure (RRCP) should be applied prospectively
DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, CHIEF STATE and retroactively without reservations, only and solely on the basis of its being
PROSECUTOR JOVENCITO ZUO, STATE PROSECUTORS PETER L. ONG and favorable to the accused. He asserts that case law on the retroactive application
RUBEN A. ZACARIAS; 2ND ASSISTANT CITY PROSECUTOR CONRADO M. of penal laws should likewise apply to criminal procedure, it being a branch of
JAMOLIN and CITY PROSECUTOR OF QUEZON CITY CLARO ARELLANO criminal law.
Respondents: PANFILO M. LACSON
W/N Section 8 of Rule 117 (time-bar rule) should be applied retroactively? NO
Recit-Ready: The ABRITFG is a composite police team called the Anti-Bank
Robbery and Intelligence Task Force Group (ABRITFG) composed of elements of If the time-bar fixed in Section 8 were to be applied retroactively, this would mean
the National Capital Region Command (NCRC) and headed by Chief that the State would be barred from reviving the case for failure to comply with the
Superintendent Jewel Canson; Traffic Management Command, headed by Senior said time-bar, which was yet to be approved by the Court three years after the
Superintendent Francisco Subia, Jr.; Presidential Anti-Crime Commission (PACC), provisional dismissal of the criminal case. In contrast, if the same case was
headed by Chief Superintendent Panfilo M. Lacson; Central Police District dismissed provisionally in December 2000, the State had the right to revive the
Command, headed by Chief Superintendent Ricardo de Leon; and Criminal same within the time-bar. In fine, to so hold would imply that the State was
Investigation Command (CIC), headed by Chief Superintendent Romeo Acop. presumed to foresee and anticipate that three years after 1997, the Court would
approve and amend the RRCP. The State would thus be sanctioned for its failure to
On May 18, 1995, then PNP Director-General Recaredo Sarmiento II announced, in comply with a rule yet to be approved by the Court. It must be stressed that the
a press conference, the killing of eleven (11) members of the Kuratong Baleleng institution and prosecution of criminal cases are governed by existing rules and
Gang (KBG) in a shootout with police elements near the fly-over along not by rules yet to exist. It would be the apex of injustice to hold that Section 8 had
Commonwealth Avenue, Quezon City at about 4:00 A.M. that day. Delos Reyes a platonic or ideal existence before it was approved by the Court. The past cannot
claimed that the police team arrested the eleven (11) gang members in early be erased by a capricious retroactive application of the new rule.
morning of May 18, 1995 at the gang’s safe house in Superville Subdivision,
Parañaque. Doctrine:
The Court is not mandated to apply Section 8 retroactively simply because it is
On June 1, 1995, PNP Director for Investigation, filed murder charges with the favorable to the accused. It must be noted that the new rule was approved by the
Office of the Ombudsman against ninety-seven (97) officers and personnel of Court not only to reinforce the constitutional right of the accused to a speedy
ABRITFG. The next-of-kin of the slain KBG members also filed murder charges disposition of the case. The time-bar under the new rule was approved by the
against the same officers and personnel. Ombudsman filed before the Court to excise the malaise that plagued the administration of the criminal justice
Sandiganbayan eleven (11) Informations for MURDER, docketed against system for the benefit of the State and the accused; not for the accused only.
respondent Panfilo M. Lacson and twenty-five (25) other accused.
The time-bar under the new rule does not reduce the periods under Article 90 of
[Start of this Resolution] the Revised Penal Code, a substantive law. It is but a limitation of the right of the
Before the Court are the following motions of the respondent, to wit: (a) Omnibus State to revive a criminal case against the accused after the Information had been
Motion; (b) Motion for Reconsideration; (c) Supplement to Motion for filed but subsequently provisionally dismissed with the express consent of the
Reconsideration; (d) Motion To Set for Oral Arguments. All of these were d enied. accused. Upon the lapse of the timeline under the new rule, the State is presumed,
albeit disputably, to have abandoned or waived its right to revive the case and
prosecute the accused. The dismissal becomes ipso facto permanent. He can no
for MURDER, docketed against respondent Panfilo M. Lacson and
longer be charged anew for the same crime or another crime necessarily included
twenty-five (25) other accused. All twenty-six (26) of them were charged
therein.
as principals. Amended Informations were filed against the same
twenty-six (26) suspects but the participation of respondent Lacson was
1. If the penalty for the offense exceeds 6 years - the provisional dismissal
downgraded from principal to accessory.
becomes permanent after 2 years
2. If the penalty for the offense does NOT exceed 6 years - the provisional
Note: If he asks what’s the famous name of this case, it’s Kuratong
dismissal becomes permanent after 1 year
Baleleng Gang.
Commencement period: notice given to the public prosecutor (not to the offended
party) because it’s the public prosecutor who will revive the case, not the offended
3. ITO START NG RESOLUTION: Before the Court are the following
party.
motions of the respondent, to wit: (a) Omnibus Motion; (b) Motion for
Reconsideration; (c) Supplement to Motion for Reconsideration; (d)
FACTS: [Resolution - the case didn’t state the full facts of the case :( But I’ll put Motion To Set for Oral Arguments.
na lang a synopsis just in case he asks ] 4. OMNIBUS MOTION: (1) seeks the reconsideration of the April 29, 2003
Resolution of this Court which granted the petitioners' motion for
1. SYNOPSIS: On May 18, 1995, then PNP Director-General Recaredo reconsideration; and (2) prays to allow Associate Justices Renato C.
Sarmiento II announced, in a press conference, the killing of eleven (11) Corona, Ma. Alicia Austria-Martinez, Conchita C. Morales, Romeo J.
members of the Kuratong Baleleng Gang (KBG) in a shootout with police Callejo, Sr., and Adolfo S. Azcuna to voluntary inhibit themselves or,
elements near the fly-over along Commonwealth Avenue, Quezon City at absent their consent, rule that such inhibition is in order and to recuse
about 4:00 A.M. that day. Delos Reyes claimed that the police team them from further deliberating, discussing or, in any manner,
arrested the eleven (11) gang members in early morning of May 18, 1995 participating in the resolution of the Motion for Reconsideration and the
at the gang’s safe house in Superville Subdivision, Parañaque; that after Supplement to Motion for Reconsideration = D ENIED
their arrest, the gang members were made to board two vans, their 5. MOTION TO SET THE CASE FOR ORAL ARGUMENTS: DENIED = The
hands tied behind their backs, and brought initially to Camp Crame Court denies the motion of the respondent. The parties have already
where a decision to summarily execute them was made, and later to extensively discussed the issues involved in the case. The respondent's
Commonwealth Avenue where they were shot to death by elements of motion for reconsideration consists of no less than a hundred pages,
ABRITFG. The ABRITFG is a composite police team called the Anti-Bank excluding the supplement to his motion for reconsideration and his reply
Robbery and Intelligence Task Force Group (ABRITFG) composed of to the petitioners' comment on his motion. There is no longer a need to
elements of the National Capital Region Command (NCRC) and headed set the instant case for oral arguments.
by Chief Superintendent Jewel Canson; Traffic Management Command, 6. MOTION FOR RECONSIDERATION: Lacson seeks the reconsideration of
headed by Senior Superintendent Francisco Subia, Jr.; Presidential the April 1, 2003 Resolution of the Court (wherein the Court ruled that the
Anti-Crime Commission (PACC), headed by Chief Superintendent Panfilo time-bar rule under Section 8 of Rule 117 does NOT apply retroactively).
M. Lacson; Central Police District Command, headed by Chief He asserts that pursuant to a long line of jurisprudence and a
Superintendent Ricardo de Leon; and Criminal Investigation Command long-standing judicial practice in applying penal law, Section 8, Rule 117
(CIC), headed by Chief Superintendent Romeo Acop. However, there of the Revised Rules of Criminal Procedure (RRCP) should be applied
were assertions that the killing was a rubout and not a shootout, hence prospectively and retroactively without reservations, only and solely on
an investigation was conducted. the basis of its being favorable to the accused. He asserts that case law
2. On June 1, 1995, PNP Director for Investigation, filed murder charges on the retroactive application of penal laws should likewise apply to
with the Office of the Ombudsman against ninety-seven (97) officers and criminal procedure, it being a branch of criminal law.
personnel of ABRITFG. The next-of-kin of the slain KBG members also
filed murder charges against the same officers and personnel. ISSUES: W/N Section 8 of Rule 117 (time-bar rule) should be applied
Ombudsman filed before the Sandiganbayan eleven (11) Informations retroactively? NO
Consider this scenario: the trial court (RTC) provisionally dismissed a criminal
RATIO: case with the express consent of the accused in 1997. The prosecution had the
What is the time-bar rule under Section 8 of Rule 117? right to revive the case within the prescriptive period, under Article 90 of the
The time-bar under the new rule does not reduce the periods under Article 90 of Revised Penal Code, as amended. On December 1, 2000, the time-bar rule under
the Revised Penal Code, a substantive law. It is but a limitation of the right of the Section 8 took effect, the prosecution was unable to revive the criminal case
State to revive a criminal case against the accused after the Information had before then.
been filed but subsequently provisionally dismissed with the express consent of
the accused. Upon the lapse of the timeline under the new rule, the State is If the time-bar fixed in Section 8 were to be applied retroactively, this would
presumed, albeit disputably, to have abandoned or waived its right to revive the mean that the State would be barred from reviving the case for failure to comply
case and prosecute the accused. The dismissal becomes ipso facto permanent. with the said time-bar, which was yet to be approved by the Court three years
He can no longer be charged anew for the same crime or another crime after the provisional dismissal of the criminal case. In contrast, if the same case
necessarily included therein. was dismissed provisionally in December 2000, the State had the right to revive
the same within the time-bar. In fine, to so hold would imply that the State was
1. If the penalty for the offense e
xceeds 6 years - the provisional dismissal presumed to foresee and anticipate that three years after 1997, the Court would
becomes permanent after 2 years approve and amend the RRCP. The State would thus be sanctioned for its failure
2. If the penalty for the offense d oes NOT exceed 6 years - the provisional to comply with a rule yet to be approved by the Court. It must be stressed that the
dismissal becomes permanent after 1 year institution and prosecution of criminal cases are governed by existing rules and
Commencement period: notice given to the public prosecutor (not to the not by rules yet to exist. It would be the apex of injustice to hold that Section 8
offended party) because it’s the public prosecutor who will revive the case, not had a platonic or ideal existence before it was approved by the Court. The past
the offended party. cannot be erased by a capricious retroactive application of the new rule.
Why Section 8 of Rule 117 should NOT be applied retroactively? Lacson Failed to Comply with the Essential Prerequisites of Section 8, Rule 117
The Court is not mandated to apply Section 8 retroactively simply because it is of the Revised Rules of Criminal Procedure
favorable to the accused. It must be noted that the new rule was approved by the Note: When the case was in the level of CA, Lacson, through his counsel (Atty.
Court not only to reinforce the constitutional right of the accused to a speedy Fortun) admitted that he d id not agree to a provisional dismissal of his case
disposition of the case. The time-bar under the new rule was approved by the (judicial admission).
Court to excise the malaise that plagued the administration of the criminal justice
system for the benefit of the State and the accused; not for the accused only. The Court stated: When the Lacson admitted that he did not move for the
dismissal of his criminal cases in his motion for a judicial determination of
In this case, when the Court approved Section 8, it intended the new rule to be probable cause, and that he did not give his express consent to the provisional
applied prospectively and not retroactively, for if the intention of the Court were dismissal of the said cases, he in fact admitted that one of the essential
otherwise, it would defeat the very purpose for which it was intended, namely, to requisites of Section 8, Rule 117 was absent.
give the State a period of two years from notice of the provisional dismissal of
criminal cases with the express consent of the accused. It would be a denial of
the State's right to due process and a travesty of justice for the Court to apply the
new rule retroactively in the present case as the respondent insists, considering
that the criminal cases were provisionally dismissed by Judge Agnir, Jr. on
March 29, 1999 before the new rule took effect on December 1, 2000. A
retroactive application of the time-bar will result in absurd, unjust and oppressive
consequences to the State and to the victims of crimes and their heirs.