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Retroactive Application of Hernandez Doctrine

The petitioners pleaded guilty to rebellion with multiple murder, robbery, arson, and kidnapping charges and were sentenced to life imprisonment. However, the Supreme Court later ruled that rebellion cannot be complexed with other crimes in the Hernandez case, sentencing that accused to only 10 years. The petitioners now seek retroactive application of the Hernandez doctrine. The court ruled yes, as penal laws favoring the accused apply retroactively per the Revised Penal Code. The Civil Code also states judicial decisions interpreting the Constitution are part of the legal system. Moreover, if a repeal makes the penalty lighter, the new law shall be applied except for habitual delinquents.

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7 views1 page

Retroactive Application of Hernandez Doctrine

The petitioners pleaded guilty to rebellion with multiple murder, robbery, arson, and kidnapping charges and were sentenced to life imprisonment. However, the Supreme Court later ruled that rebellion cannot be complexed with other crimes in the Hernandez case, sentencing that accused to only 10 years. The petitioners now seek retroactive application of the Hernandez doctrine. The court ruled yes, as penal laws favoring the accused apply retroactively per the Revised Penal Code. The Civil Code also states judicial decisions interpreting the Constitution are part of the legal system. Moreover, if a repeal makes the penalty lighter, the new law shall be applied except for habitual delinquents.

Uploaded by

ron dominic dagum
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

GUMABON vs DIRECTOR OF PRISONS

FERNANDO, J.:

FACTS:

After pleading guilty for complex crime of rebellion with multiple murder, robbery, arson, and kidnapping, Mario
Gumabon and five others were sentenced to reclusion perpetua.
Each of the petitioners has been since then imprisoned by virtue of the above convictions and has served more than
13 years.

Subsequently, the Supreme Court negated the complex crime stating that rebellion cannot be complexed with other
crimes. Thus, the accused in the Hernandez case was only sentenced to 10 years of imprisonment.
Petitioners now seek for the retroactive application of the Hernandez doctrine which was promulgated after their
conviction.

ISSUE:

Whether the Hernandez doctrine be given a retroactive application to the petitioners.

RULING:

Yes, as stated in Article 2 of the Revised Penal Code, "Penal laws shall have a retroactive effect in so far as they
favor the person guilty of a felony, who is not a habitual criminal."

The Civil Code also provides that judicial decisions applying or interpreting the Constitution forms part of our legal
system. 

Moreover, one effect of repeal of penal law states that if the repeal makes the penalty lighter in the new law, the new
law shall be applied, except when the offender is a habitual delinquent.

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