This case has been cited 4 times or more.
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2003-01-28 |
QUISUMBING, J. |
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| The trial court appreciated the aggravating circumstances of nighttime, dwelling, and unlawful entry. Of the three, however, only nighttime was properly alleged in the information. The Revised Rules of Criminal Procedure which took effect on December 1, 2000, requires that every complaint or information should state not only the qualifying but also the aggravating circumstances.[63] This rule may be given retroactive effect in the light of the settled doctrine that statutes regulating the procedure of the court will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense and to that extent.[64] Hence, following this new rule, we cannot appreciate the aggravating circumstances of dwelling and unlawful entry, since they were not alleged in the information. | |||||
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2002-05-29 |
MENDOZA, J. |
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| SEC. 9 Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. These provisions have been given retroactive effect[40] on the well-settled principle that "statutes regulating the procedure of the court will be construed as applicable to actions pending and undetermined at the time of their passage."[41] | |||||
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2001-01-31 |
MENDOZA, J. |
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| The murder in this case took place after the effectivity of R.A. No. 7659 on December 31, 1993 which increased the penalty for murder from reclusion temporal maximum to death to reclusion perpetua to death. In view of the presence of the aggravating circumstance of abuse of confidence and in accordance with Art. 63(1) of the Revised Penal Code, the trial court should have imposed the penalty of death on accused-appellant. However, on December 1, 2000, the Revised Rules of Criminal Procedure took effect, requiring that every complaint or information state not only the qualifying but also the aggravating circumstances.[71] This provision may be given retroactive effect in the light of the well settled rule that "statutes regulating the procedure of the court will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense and to that extent."[72] The aggravating circumstance of abuse of confidence not having been alleged in the information, the same therefore could not be appreciated to raise accused-appellant's sentence to death. | |||||