GR No. 212719

Inmates of New Bilibid Prison vs Secretary De Lima

GR No. 212719          June 25, 2019

Facts:

       A Petition for Certiorari and Prohibition was filed against DOJ Secretary De Lima by Atty. Evangelista as the acting attorney-in-fact of the convicted prisoners in the New Bilibid Prison. The petitioners filed this case as the real parties-in-interest and as a class suit in behalf of all who are similarly situated.

      The Petition arose from the enactment of RA No 10592, wherein Section 4, Rule 1 of its Implementing Rules and Regulations provided for the prospective application of the law. This law amended some provisions of Revised Penal Code pertaining to the period of preventive imprisonment, partial extinction of criminal liability, allowance for good conduct, special time allowance for loyalty, and the authority to grant these time allowances.

       Insofar as Section 4, Rule 1 of IRR is concerned, prospective application for the grant of time allowance of study, teaching and mentoring as well as special time allowance for loyalty have been provided.

    Petitioners contended that the same is unconstitutional for having prospective application, since it contradicts the law that it implements. They cited Article 22 of the RPC which provided that a penal law that is favorable or advantageous to the accused shall be given retroactive effect if he is not a habitual criminal.

Issue:

         WON Section 4, Rule 1, IRR of RA No 10592 is valid.

Held:

      No, it is invalid as it provides for the prospective application of the grant of good conduct time allowance, time allowance for study, teaching and mentoring, and special time allowance for loyalty.

       To come up with this decision, the Supreme Court included in its discussion of the case the exact meaning of a penal law. Accordingly, a penal provision defines a crime or provides punishment for one. Penal laws and laws which, while penal in nature, have provisions defining offenses and prescribing penalties for their violation. In other words, a statute is penal when it imposes punishment for an offense committed against the state which, under the Constitution, the Executive has the power to pardon.

       While RA No 10592 does not define a crime or offense or provide a penalty as it addresses the rehabilitation component of the correctional system, its provisions have the purpose and effect of diminishing the punishment attached to the crime. The further reduction on the length of penalty of imprisonment is beneficial to the detention and convicted prisoners alike, hence, calls for the application of Article 22 of the RPC.