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ROSARIO NASI-VILLAR v. PEOPLE - CRIMINAL LAW CASE DIGEST

 


ROSARIO NAS-VILLAR v. PEOPLE

G.R. No. 176169, November 14, 2008

TINGA, J.:


TOPICS: EX POST FACTO LAW

FACTS:

Petitioner was charged for Illegal Recruitment as defined under Section 6 and Section 7 of R.A. No. 8042.  RTC of Davao found accused guilty of Illegal Recruitment under the Labor Code and sentenced her to an indeterminate sentence of 4 years as minimum and 5 years as maximum.  Petitioner appealed before the CA wo affirmed the decision of the RTC and ordered to pay P10,000 as temperate damages.  

On appeal, petitioner alleged that the CA erred in failing to consider that R.A. 8042 cannot be given retroactive effect and that the decision of the RTC constitutes a violation of the constitutional prohibition against ex post facto law.  Since R.A. No. 8042 did not yet exist in January 1993 when the crime was committed.  

She argues that what was applicable in 1993 was the Article 38, in relation with Article 39 of the Labor Code.  The said provision penalize the crime with imprisonment of not less than 4 years nor more than 8 years or a fine of not less than P20,000 and not more than P100,000 or both.  Section 7(c) of R.A. 8042 on the other hand penalizes the crime with a penalty of not less than 6 years and 1 day but not more than 12 years, and a fine not less than P200,000 nor more than P500,000.  Hence, the penalty of imprisonment provided under the Labor Code was raised or increased under R.A. No. 8042.

ISSUE:

Whether there was a violation of the prohibition of ex post facto law.

HELD:

No there was no violation of prohibition of ex post facto law.

The Supreme Court held that the basic rule is that a criminal act is punishable under the law in force at the time of its commission.  Thus, petitioner can only be charged and found guilty under the Labor Code which was in force in 1993 when the acts attributed to her were committed.  There is no violation of the prohibition against ex post facto law nor a retroactive application of R.A. No. 8042 as alleged by the petitioner.  An ex post facto law nor is one which, among others, aggravates a crime or makes it greater than it was when committed or changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed.  

Penal law and laws which, while not penal in nature, nonetheless have provisions defining offenses and prescribing penalties for their violation operate prospectively.  Penal laws cannot be given retroactive effect except, when they are favorable to the accused.

R.A. 8042 amended pertinent provisions of the Labor Code and gave a new definition of the crime of illegal recruitment and provided for its higher penalty.  There is no indication in R.A. No. 8042 that the said law, including the penalties provided therein, would take effect retroactively.  A law can never be considered as ex post facto law as long as it operates prospectively since its structures would cover only offenses committed after and not before its enactment.  Neither did the trial court nor the CA give R.A. 8042 a retroactive application since both court passed on petitioner's case only under the aegis of the Labor Code.  

The proceedings before the trial court and the CA did not violate the prohibition against ex post facto law nor involved application of R.A. No. 8042 in any way.

Read Full text: Rosario Nasi-Villar v. People (full text) -ChanRobles

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