Bon Digest

PEOPLE OF THE PHILIPPINES v. ALFREDO BON G.R. No. 166401, 30 October 2006, Tinga, J.
En Banc
Facts: Eight Informations were filed within the period from 21 August 2000 to 23 February 2001 by the
Assistant Provincial Prosecutor of Gumaca, Quezon against Alfredo Bon, charging him with the rape of his two nieces, the daughters of his older brother.
Appellant was convicted by the trial court of eight counts of rape. The trial court considered the qualifying circumstances of minority of the victims and appellants relationship with them, being the former's relative by consanguinity within the third degree, and imposed upon Bon eight death sentences. As the penalty imposed consisted of eight death sentences, the records of the case were automatically elevated to the Supreme Court for review. However, in the aftermath of the pronouncement of the Court in People v. Mateo the present case was transferred to the Court of Appeals for appropriate action and disposition.
Upon automatic review, the Court of Appeals downgraded the convictions in two of the cases to attempted rape. It held that the prosecution failed to demonstrate beyond any shadow of doubt that Bons penis reached the labia of the pudendum of the victims vagina. Accordingly, it reduced the penalties attached to the two counts of rape from death for consummated qualified rape to an indeterminate penalty of ten (10) years of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, for attempted rape. Subsequently, Republic Act No. 9346, titled An Act Prohibiting the Imposition of Death Penalty in the Philippines, was enacted. Section 2 of the said law mandates that, in lieu of the death penalty, the penalty of reclusion perpetua shall be imposed. Correspondingly, the Court can no longer uphold the death sentences imposed by lower courts, but must, if the guilt of the accused is affirmed, impose instead the penalty of reclusion perpetua, or life imprisonment when appropriate. Issue: Whether Bons penalty for attempted qualified rape, which under the penal law should be two degrees lower than that of consummated qualified rape, should be computed from death or reclusion perpetua.
Held: RECLUSION PERPETUA. "Death," as utilized in Article 71 of the Revised Penal Code, shall
no longer form part of the equation in the graduation of penalties. In the case of appellant, the determination of his penalty for attempted rape shall be reckoned not from two degrees lower than death, but two degrees lower than reclusion perpetua. Hence, the maximum term of his penalty shall no longer be reclusion temporal, as ruled by the Court of Appeals, but instead, prision mayor. The maxim interpretare et concordare legibus est optimus interpretandi embodies the principle that a statute should be so construed not only to be consistent with itself, but also to harmonize with other laws on the same subject matter, as to form a complete, coherent and intelligible systema uniform system of jurisprudence. "Interpreting and harmonizing laws with laws is the best method of interpretation. x x x x This manner of construction would provide a complete, consistent and intelligible system to secure the rights of all persons affected by different
legislative and quasi-legislative acts." There can be no harmony between Rep. Act No. 9346 and the Revised Penal Code unless the later statute is construed as having downgraded those penalties attached to death by reason of the graduated scale under Article 71. Only in that manner will a clear and consistent rule emerge as to the application of penalties for frustrated and attempted felonies, and for accessories and accomplices. It is also a well-known rule of legal hermeneutics that penal or criminal laws are strictly construed against the state and liberally in favor of the accused. If the language of the law were ambiguous, the court will lean more strongly in favor of the defendant than it would if the statute were remedial, as a means of effecting substantial justice. The law is tender in favor of the rights of an individual. It is this philosophy of caution before the State may deprive a person of life or liberty that animates one of the most fundamental principles in our Bill of Rights, that every person is presumed innocent until proven guilty. Resort to the aforementioned principles in statutory construction would not have been necessary had Rep. Act No. 9346 ineluctably stated that the repeal of all laws imposing the death penalty did not engender the corresponding modification of penalties other than death, dependent as these are on "death" as a measure under the graduated scale of penalties under Article 71. Admittedly, if this were indeed the intent of Congress, and such intent were unequivocally expressed in Rep. Act No. 9346, the resulting inequities and inconsistencies pointed out would have remained. If that were to be the case, we would have acknowledged, perhaps tacitly, that such inequities and inconsistencies fell part of the legislative intent. It does not speak well of a Congress to be deliberately inconsistent with, or ignorant of its own prior enactments. Yet ultimately, Section 1 of Rep. Act No. 9346 is not expressive of such rash or injudicious notions, as it is susceptible to a reading that would harmonize its effects with the precepts and practices that pervade our general penal laws, and in a manner that does not defy the clear will of Congress. By reason of Rep. Act No. 9346, he is spared the death sentence, and entitled to the corresponding reduction of his penalty as a consequence of the downgrading of his offense from two (2) counts consummated rape to two (2) counts of attempted rape. For the six (6) counts of rape, we downgrade the penalty of death to reclusion perpetua with no eligibility for parole, pursuant to Rep. Act No. 9346. For each of the two (2) counts of attempted rape, we downgrade by one degree lower the penalty imposed by the Court of Appeals. We hold that there being no mitigating or aggravating circumstances, the penalty of prision mayor should be imposed in it medium period. Consequently, we impose the new penalty of two (2) years, four (4) months and one (1) day of prision correccional as minimum, to eight (8) years and one (1) day of prision mayor as maximum.

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PEOPLE OF THE PHILIPPINES v. ALFREDO BON G.R. No. 166401, 30 October 2006, Tinga, J.

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