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Lacson v. Exec. Sec.: Ex Post Facto Law Debate

Eleven alleged members of the Kuratong Baleleng gang were killed by police in a reported shootout. However, a police officer later alleged it was actually a summary execution. As a result, petitioner Panfilo Lacson was charged with 11 counts of murder before the Sandiganbayan. Lacson argued the Sandiganbayan did not have jurisdiction and that a new law expanding its jurisdiction, R.A. 8249, constituted an ex post facto law if applied retroactively. However, the court ruled R.A. 8249 was not a penal law but rather dealt with jurisdiction, so retroactive application was not prohibited as an ex post facto law.

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Carmel Grace Kiwas
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286 views2 pages

Lacson v. Exec. Sec.: Ex Post Facto Law Debate

Eleven alleged members of the Kuratong Baleleng gang were killed by police in a reported shootout. However, a police officer later alleged it was actually a summary execution. As a result, petitioner Panfilo Lacson was charged with 11 counts of murder before the Sandiganbayan. Lacson argued the Sandiganbayan did not have jurisdiction and that a new law expanding its jurisdiction, R.A. 8249, constituted an ex post facto law if applied retroactively. However, the court ruled R.A. 8249 was not a penal law but rather dealt with jurisdiction, so retroactive application was not prohibited as an ex post facto law.

Uploaded by

Carmel Grace Kiwas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Topic: Ex post facto law

Lacson v. Executive Secretary, G.R. No. 128096, 20 January 1999;

Facts:

Eleven persons believed to be members of the Kuratong Baleleng gang


were slain along Commonwealth Avenue in Quezon City by elements of
the Anti-Bank Robbery and Intelligence Task Group (ABRITG). The
ABRITG was composed of police officers from the Traffic Management
Command (TMC); Presidential Anti-Crime Commission — Task Force
Habagat (PACC-TFH) headed by petitioner Chief Superintendent Panfilo
M. Lacson; Central Police District Command (CPDC) and the Criminal
Investigation Command (CIC).

Acting on a media expose of SPO2 Eduardo delos Reyes that what actually
transpired was a summary execution (or a rub out) and not a shoot-out
between the Kuratong Baleleng gang members and the ABRITG. 

Thus, on November 2, 1995, petitioner Panfilo Lacson was among those


charged as principal in eleven information for murder before the
Sandiganbayan's Second Division.

On March 1, 1996, new bills were introduced in Congress, defining


expanding the jurisdiction of the Sandiganbayan. These bills were
consolidated and later approved into law as R.A. No. 8249

Contention of the petitioner:

Petitioner questioned the jurisdiction of the Sandiganbayan, asserting that


under the amended informations, pursuant to Section 2 of Republic Act
No. 7975 the cases fall within the jurisdiction of the Regional Trial Court. 

Petitioner further argued that the retroactive application of R.A. 8249 to the
Kuratong Baleleng cases constitutes an ex post facto  law.
Issue:

Whether or not said statute may be considered as an ex-post facto statute.

Decision:

The said statute is not an ex post facto law.

According to the law, no ex-post facto law or bill of attainder shall be


enacted. However, R.A. 8249 is not penal law. It is a substantive law on
jurisdiction which is not penal in character. Penal laws are those acts of the
Legislature which prohibit certain acts and establish penalties for their
violations; or those that define crimes, treat of their nature, and provide for
their punishment.

 Not being a penal law, the retroactive application of R.A. 8249 cannot be
challenged as unconstitutional.

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