The Supreme Court held that Republic Act (RA) No. 10951, which reduces penalties for certain crimes, can be applied retroactively even to cases where the judgment is final. This means individuals already serving sentences may have their penalties adjusted, potentially leading to earlier release, and the Court provided guidelines for Regional Trial Courts (RTCs) to handle such cases.

Can a Final Judgment Be Changed? The Retroactive Reach of RA 10951

The case of In Re: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951, In Relation to Hernan v. Sandiganbayan – Rolando Elbanbuena y Marfil, revolves around the retroactive application of RA No. 10951, a law that amended the Revised Penal Code (RPC) by adjusting the amounts and values used to determine penalties for certain crimes. Rolando Elbanbuena, the petitioner, sought his release from prison, arguing that the amended penalties under RA No. 10951 should apply to his case, potentially reducing his sentence and entitling him to immediate release. Elbanbuena, a former Disbursing Officer, was convicted of malversation of public funds through falsification of public documents. He did not appeal the conviction, and it became final.

Subsequently, RA No. 10951 was enacted, prompting Elbanbuena to file a petition for the adjustment of his penalty based on the new law and the ruling in Hernan v. Sandiganbayan. This put into question the immutability of final judgments when a new law prescribes lighter penalties for the same crime. The general principle is that a final and executory judgment is immutable and unalterable. However, the Supreme Court has recognized exceptions, particularly when circumstances arise after the finality of the decision that make its execution unjust or inequitable. The passage of RA No. 10951, which reduced the penalties for certain crimes, presents such an exceptional circumstance.

In Hernan v. Sandiganbayan, the Supreme Court acknowledged the novel situation where a judgment convicting an accused had become final and executory, yet the penalty imposed was reduced by a subsequent law. The Court ruled that to avoid injustice and multiplicity of suits, it was proper to reopen the case and recall the entry of judgment to apply the new law. This ruling established a precedent for the retroactive application of RA No. 10951, even to cases with final judgments. Building on this principle, the Court extended the benefits of RA No. 10951 to cases where the imposable penalties for crimes like theft, estafa, robbery, malicious mischief, and malversation have been reduced, considering the circumstances of each case. The Court emphasized that as long as the new law is favorable to the accused, it should apply regardless of when the judgment was rendered or when the service of sentence began.

The Office of the Solicitor General (OSG) agreed that RA No. 10951 could be invoked to seek a modification or reduction of penalties. However, the OSG argued that immediate release was not automatic, as the reduced penalties needed to be fixed by a court, and it had to be determined whether the petitioners had fully served their sentences under the new penalties. The Supreme Court agreed that determining immediate release would involve ascertaining the actual time served and whether time allowances for good conduct should be considered. The Court recognized that trial courts are better equipped to make such factual findings.

Considering the potential influx of similar petitions, the Court deemed it necessary to establish guidelines to ensure justice and efficiency. These guidelines outline the procedure for actions seeking modification of penalties based on RA No. 10951 and the immediate release of convicts who have fully served their modified sentences. The guidelines specify who may file the petition, where to file it, the pleadings allowed, the OSG’s role, the effect of failing to file a comment, the court’s judgment, and the applicability of the regular rules of procedure. The Court directed that the petition should be filed with the Regional Trial Court (RTC) exercising territorial jurisdiction over the locality where the petitioner-convict is confined. The case shall be raffled and referred to the branch to which it is assigned within three days from the filing of the petition. The only pleadings allowed are the petition and the comment from the OSG, and no dilatory motions will be entertained. The petition must be verified by the petitioner-convict and include a certified true copy of the decision sought to be modified, as well as the mittimus and/or a certification from the Bureau of Corrections regarding the length of the sentence served.

Within ten days of notice, the OSG must file its comment on the petition, and failure to do so allows the court to render judgment motu proprio or upon motion of the petitioner-convict. The court must promulgate judgment within ten calendar days after the period for filing comment has lapsed. The judgment must specify the penalties imposable under RA No. 10951, the length of time the petitioner-convict has been confined, whether time allowance for good conduct should be granted, and whether the petitioner-convict is entitled to immediate release due to complete service of the modified sentence. Furthermore, the judgment is immediately executory, without prejudice to the filing of a special civil action under Rule 65 of the Revised Rules of Court with the Supreme Court if there is grave abuse of discretion. It is important to note, also, that the Rules of Court apply in a suppletory capacity.

In light of these considerations, the Supreme Court granted Elbanbuena’s petition. The Court remanded the case to the Regional Trial Court in Muntinlupa City to determine the proper penalties under RA No. 10951 and whether Elbanbuena is entitled to immediate release based on having fully served his modified sentences. The decision emphasizes the Court’s commitment to ensuring that the benefits of RA No. 10951 are extended to those who are eligible, while also streamlining the process for resolving these cases. Ultimately, the ruling serves as a practical step towards a more equitable and just application of the law.

FAQs

What was the key issue in this case?	The key issue was whether Republic Act No. 10951, which reduces penalties for certain crimes, can be applied retroactively to cases where the judgment is already final and executory.
What is Republic Act No. 10951?	Republic Act No. 10951 amends the Revised Penal Code by adjusting the amounts and values used to determine penalties for certain crimes, generally resulting in reduced penalties.
What did the Supreme Court decide in this case?	The Supreme Court decided that RA No. 10951 can be applied retroactively, even to final judgments, and provided guidelines for lower courts to implement this.
Where should petitions for adjustment of penalties be filed?	Petitions should be filed with the Regional Trial Court exercising territorial jurisdiction over the locality where the petitioner-convict is confined.
What documents are required when filing a petition?	The petition must include a certified true copy of the decision sought to be modified, the mittimus, and/or a certification from the Bureau of Corrections as to the length of the sentence already served.
How quickly should the court act on these petitions?	The court should promulgate judgment no later than ten calendar days after the lapse of the period to file comment from the OSG.
What factors will the court consider in its judgment?	The court will determine the penalties imposable under RA No. 10951, the length of time the petitioner-convict has been in confinement, and whether the petitioner-convict is entitled to immediate release.
What role does the Office of the Solicitor General (OSG) play?	The OSG is required to file a comment on the petition within ten days from notice, providing its legal opinion on the applicability of RA No. 10951.
What happens if the OSG fails to file a comment?	If the OSG fails to file a comment, the court may render judgment motu proprio or upon motion of the petitioner-convict.

This ruling provides a crucial avenue for those serving sentences under the old penal code to seek a review of their penalties and potential release, aligning their sentences with the current legal standards. The Supreme Court’s guidelines aim to streamline the process and ensure that the benefits of RA No. 10951 are effectively and efficiently extended to eligible individuals.

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 – ROLANDO ELBANBUENA Y MARFIL, G.R. No. 237721, July 31, 2018