US v. CUNA / GR No. L-4504 / December 15, 1908 NO.

FACTS:

Cuna, on June 30, 1907, sold opium to Apolinanaria Gumpal, Filipina, who was not a doctor or a
registered user of the drug. He was charged in violation of Sec. 5 of Act No. 1461 of the Philippine
Commission. Cuna demurred on the ground that the said act was repealed by Act no. 1761 on October
10, 1907 and because having repealed during the pendency of the case with no exception regarding the
pendency, there was no law in force thus no jurisdiction of any courts. The trial court dismissed the case.
The Government appealed and argued that both acts penalize the same crime and should not be
construed as having the courts deprive Cuna of trial.

ISSUE: Whether or not Cuna, who committed the crime before the repeal, should be convicted.

RULING: YES.

RATIO DECIDENDI:

The trial court cited the American and English common-law doctrine in their decision. The Supreme
Court, although they consider it right, said that those laws were not in force in the country. The SC said
that no retroactive effect of the law shall take effect except when the punishment will be more
favorable to the accused. Being that the new law penalized the same act in the repealed law, there is no
retroactivity. The old law should still be prescribed. The SC decided that the Courts have jurisdiction over
the case. The decision of the trial court was reversed.