- Petitioner
- September 1975; Lucas Buiser
- Respondent
- People
- Citation
- G.R. No. L-32377
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Vasquez, J.
- Decided
- October 23, 1982
Summary
Lucas Buiser was convicted of less serious physical injuries through reckless imprudence and sentenced to imprisonment and indemnity with subsidiary imprisonment. While his appeal was pending in the Court of Appeals, Republic Act No. 5465 took effect, abolishing subsidiary imprisonment for failure to pay indemnity. The Supreme Court granted his petition, applying the retroactive effect provision of Article 22 of the Revised Penal Code, which mandates that penal laws favorable to the accused should be applied retroactively. The Court eliminated the subsidiary imprisonment penalty, following the precedent in People vs. Doria, and held that the abolition of subsidiary imprisonment liability is more favorable to accused persons who are not habitual criminals.