Decena y Ignacio v. People

SECOND DIVISION

[G.R. No. 250684. January 20, 2021.]

DENNIS DECENA y IGNACIO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated20 January 2021which reads as follows:

"G.R. No. 250684 (Dennis Decena y Ignacio v. People of the Philippines). — After a second review of the petition, the Court resolves to PARTIALLY GRANT the motion for reconsideration of herein petitioner.

At the outset, it is to be stressed that arguments of petitioner relating to the finding of guilt beyond reasonable doubt for the offenses of illegal sale and illegal possession of dangerous drugs, which have been previously raised and passed upon by the Court, remain to be unmeritorious.

However, the Court agrees with petitioner's argument that no subsidiary imprisonment can be imposed upon him. Hence, a partial reconsideration of the Court's July 27, 2020 Resolution 1 is in order. HTcADC

As correctly emphasized by petitioner, there can be no subsidiary imprisonment where the principal penalty imposed is higher than prision correccional. Article 39 of the Revised Penal Code clearly provides that:

Article 39. Subsidiary Penalty. — If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgement of conviction by the trial court, subject to the following rules:

xxx xxx xxx

3. When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. 2 (emphasis supplied)

Similarly, Luy v. People3 is instructive on this matter. The Court ruled therein that the RTC's imposition of subsidiary imprisonment was invalid and legally unenforceable, explaining that:

x x x. The imposition of subsidiary imprisonment, which is a subsidiary personal liability of a person found guilty by final judgment who has no property with which to meet the fine, is based on and in accord with Article 39 of the Revised Penal Code, a provision that is supplementary to special laws (like R.A. No. 9165) unless the latter should specially provide the contrary. But subsidiary imprisonment cannot be imposed on the petitioner because her principal penalty, supra, was higher than prision correccional or imprisonment for six years. x x x. 4 (emphasis supplied)

Applying the foregoing in the instant case, We find the RTC's imposition of subsidiary imprisonment improper. Hence, the respective penalties for the offenses of illegal sale and illegal possession of dangerous drugs imposed upon petitioner shall be accordingly modified insofar as to indicate that the same are without subsidiary imprisonment in case of insolvency.

WHEREFORE, the Court PARTIALLY GRANTS the motion for reconsideration. The penalty of life imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00), for violation of Section 5 5 of Republic Act No. 9165, and the penalty of imprisonment of twelve (12) years and one (1) day to fifteen (15) years and the fine of Three Hundred Thousand Pesos (P300,000.00), for violation of Section 11 6 of Republic Act No. 9165, shall both be without subsidiary imprisonment in case of insolvency. All other matters remain. CAIHTE

SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2797 dated November 5, 2020, on official leave)".

By authority of the Court:

(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court

 

Footnotes

1.Rollo, pp. 124-125.

2. Article 39 of Act No. 3815, as amended by Republic Act No. 10159, April 10, 2012.

3. 797 Phil. 201 (2016).

4.Id. at 213-214.

5.Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. x x x.

6.Section 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

xxx xxx xxx

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

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(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstacy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.