Decision Dated 31 July 2018 in G.R. No. 237721
OCA Circular No. 179-2018 provides guidelines for first and second level courts regarding the modification of penalties imposed by final judgments, following amendments introduced by Republic Act No. 10951. This law adjusts the amounts related to property damage and fines under the Revised Penal Code. The circular emphasizes the procedures for both modifying penalties and the immediate release of petitioners who have served their modified penalties. Courts are advised to pay particular attention to the highlighted portions of the ruling in the case of Hernan v. Sandiganbayan. This aims to ensure proper adherence to the updated legal framework and facilitate justice for affected individuals.
August 24, 2018
OCA CIRCULAR NO. 179-2018
| TO | : | All First and Second Level Courts |
| SUBJECT | : | Decision Dated 31 July 2018 in G.R. No. 237721 (In Re: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951, in Relation to Hernan v. Sandiganbayan — Rolando Elbanbuena y Marfil, Petitioner) Providing, among Others, for the Guidelines Which Shall Govern the Procedure for Actions Seeking (1) the Modification, Based on the Amendments Introduced by RA No. 10951, of Penalties Imposed by Final Judgments; and (2) the Immediate Release of the Petitioner-Convict on Account of Full Service of the Penalty/Penalties, as Modified |
For the information, guidance and strict observance of all first and second level courts, appended herein as Annex "A" is the Decision dated 31 July 2018 of the Honorable Court, En Banc, in G.R. No. 237721 (In Re: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951, 1 In Relation to Hernan v. Sandiganbayan2 — Rolando Elbanbuena y Marfil, Petitioner). HTcADC
Particular attention should be given to the highlighted portions of the quoted ruling in Hernan v. Sandiganbayan and the issued guidelines which shall govern the procedure for actions seeking (1) the modification, based on the amendments introduced by RA No. 10951, of penalties imposed by final judgments; and (2) the immediate release of the petitioner-convict on account of full service of the penalty/penalties, as modified.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
ANNEX A
G.R. No. 237721July 31, 2018
Footnotes
1. An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based, and the Fines Imposed under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known as "The Revised Penal Code," as Amended.
2. G.R. No. 217874, 5 December 2017.