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    Topic: Ex Post Facto Law Lacson v. Executive Secretary, G.R. No. 128096, 20 January 1999

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    Carmel Grace Kiwas
    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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    Topic: Ex Post Facto Law Lacson v. Executive Secretary, G.R. No. 128096, 20 January 1999

    Uploaded by

    Carmel Grace Kiwas
    96 views2 pages
    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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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    96 views2 pages

    Topic: Ex Post Facto Law Lacson v. Executive Secretary, G.R. No. 128096, 20 January 1999

    Uploaded by

    Carmel Grace Kiwas
    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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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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