Lagrimas Vs Director of Prisons G.R. No. 38046

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Characteristics of Criminal Law

Topic  Prospectivity
 Repeals
EUSTAQUIO LAGRIMAS
Title of the
vs.
Case
THE DIRECTOR OF PRISONS
Case Number G.R. No. 135981
Date of the
January 15, 2004
Case

Complainant/Pe
EUSTAQUIO LAGRIMAS
titioner

Respondent THE DIRECTOR OF PRISONS

Ponente JUSTICE VILLAMOR


 The petitioner, who is detained in Bilibid, prays that an order be issued
directing that he be set at liberty, invoking article 149 of the Revised Penal
Code, which prescribes a lesser penalty for the crime penalized by article 251
of the old Penal Code... under which he was sentenced by the Court of First
Instance of Samar to two years, eleven months, and eleven days of prision
correctional and a fine of 375 pesetas.
 The respondent opposes the petition maintaining that article 148 and not 149
Facts of the Revised Penal Code is applicable to the present case.
 The record shows that the petitioner slapped and used offensive language to
Mamerta Alcazar, a teacher in the public school of the town of Laoang,
Samar, while she was performing her official duties. The accused was found
guilty of the crime of assault upon a public official... as charged, and
sentenced according to article 251 of the old Penal Code, to the penalty
aforementioned.
 The penalties for such assaults are given in articles 250 and 251 of the Code.

 Whether or not the petitioner be set to liberty invoking article 149 of the
Revised Penal Code, which prescribes a lesser penalty for the crime penalized
by article 251 of the old Penal Code
Issue/s
 under which he was sentenced by the Court of First Instance of Samar to two
years, eleven months, and eleven days of prision correctional and a fine of
375 pesetas.

Ruling Petition denied, with costs de officio.


 As stated above, counsel for the respondent contends that the law
applicable to the case is article 148 and not 149 of the Revised Penal Code,
averring in his answer that the petitioner was charged with the crime of
assault upon a person in authority, and sentenced to two... years, eleven
months and eleven days, and a fine of 375 pesetas, which is the minimum of
the maximum degree of the penalty prescribed in No. 2 of article 250 of the
old Penal Code.
 Article 366 of the Revised Penal Code provides: "Without prejudice to the
provisions contained in article 22 of this Code, felonies and misdemeanors,
Rules Applied committed prior to the date of effectiveness of this Code shall be punished
and Reasoning in accordance with the Code or Acts in force at... the time of their
commission."
 We understand that the intention of the Legislature in embodying this
provision in the Revised Penal Code was to insure that the elimination from
this Code of certain crimes penalized by former acts before the
enforcement of this Code should not... have the effect of pardoning guilty
persons who were serving their sentences for the commission of such
crimes. By virtue of this provision, we are clearly of the opinion that the
petitioner must serve out the penalty imposed upon him, unless he be
pardoned by the Executive

Old Penal Code Revised Penal Code


ART. 250. The penalty ART. 148. Direct
for assaults falling assaults. — Any
within the next person or persons
preceding article shallwho, without a public
be prision uprising, shall employ
correccional in its force or intimidation
medium degree for the attainment of
to prision mayor in itsany of the purposes
medium degree and a enumerated in
fine of not less than six
defining the crimes of
hundred and twenty- rebellion and sedition,
Additional five and not more than or shall attack, employ
Information/s six thousand two force or seriously
hundred and intimidated or resist
fifty pesetas, when theany person in
offense is committed authority or any of his
under any of the agents, while engaged
following in the performance of
circumstances: official duties, or on
occasion of such
1. When the person performance, shall
committing the assault suffer the penalty
displays a weapon. of prision
correccional in its
2. When the person medium and
committing the assault maximum periods and
is a government a fine not exceeding
employee. 1,000 pesos, when the
assault is committed
3. When the offenders with a weapon or
lay hands upon any when the offender is a
person in authority. public officer or
employee, or when
4. When, in the offender lays
consequence of hands upon a person
coercion, the person in in authority. If none of
authority has acceded these circumstances
to the demands of the be present the penalty
offenders. of prision
correccional in its
If no one of these minimum period and a
circumstances be fine not exceeding
present, the penalty 500 pesos shall be
shall be prision imposed.
correccional in its
minimum and medium
degrees and a fine of
not less than three
hundred and seventy-
five and not more than
three thousand seven
hundred and
fifty pesetas.
ART. 251. Offenders ART. 149. Indirect
who shall have made assaults. — The
use of force or penalty of prision
intimidation, as correccional in its
referred to in minimum and medium
paragraph one of periods and a fine not
article two hundred exceeding 500 pesos
and forty-nine, for the shall be imposed upon
purposes therein any person who shall
mentioned, shall suffer make use of force or
the maximum degree intimidation upon any
of the penalty person coming to the
prescribed by the last aid of the authorities
paragraph of the next or their agents on
preceding article, if occasion of the
they shall have laid commission of any
hands upon any person crimes defined in the
or persons who shall next preceding article.
have come to the aid of
the authorities or upon
their of the agents, or
upon any public officer.

Full Text https://lawphil.net/judjuris/juri1932/sep1932/gr_38046_1932.html

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