US vs.

Cuña
October 25, 2017LEGIStrata

THE UNITED STATES, plaintiff-appellant, vs. EL CHINO CUÑA (alias SY

CONCO),defendant-appellee.
G.R. No. L-4504 December 15, 1908

Nature of the Action: An appeal from the decision of the trial court

Facts: Defendant was charged for violating Section 5 of Act No. 1461, after selling a small
quantity of opium to Apolinaria Gumpal, a Filipina who was neither a doctor, pharmacist,
vendor of opium with license, nor an inveterate user of opium duly registered. Thereafter,
defendant submitted a demurrer on the ground that Act No. 1761 repealed Act No. 1461
during the pendency of this case, and in effect, there was no law in forced penalizing the
alleged offense, and therefore, the court had no jurisdiction over the case. The RTC
sustained the demurrer and dismissed the case; hence, this appeal.

Issue: Should defendant be convicted of the crime when the law was eventually
repealed?

Ruling: The judgment of the trial court sustaining the demurrer to the complaint
interposed by the accused is reversed, and the record will be returned to that court for
further proceedings in accordance with the law.

Ratio Decidendi: Yes. The reliance on English and American common law doctrines
cannot be given credence since such is not accepted in this jurisdiction. Thus, the courts
have jurisdiction over the case—to try, convict and sentence offenders. Moreover, even
if Act No. 1761 repealed Act No. 1461, no retroactive effect of the law shall take effect in
that the new law penalized the same act in the repealed law; hence, the new law cannot
be said to be more favorable to the accused