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.