PEOPLE v.

SIMON
[34 SCRA 555 (1994)]

Nature:
Appeal from a judgment of Guagua, Pampanga RTC

Facts:
Oct. 22, 1988, Pampanga. Martin Simon was convicted of violating RA 6425AII §4 (Dangerous Drugs Act
of 1972) through a NARCOM poser-buyer. It was appealed for reversal alleging it was a frame-up
(testimonies & evidence proved otherwise) & evidence was inadmissible (held, because there was no
counsel).

Issue:
WON correct penalty applied?

Held:
No. Conviction modified. There was overlapping error in the law thus the SC had to harmonize
conflicting provisions by providing for degrees of graduation.

Rule: degrees applied depending on quantity then apply mitigating or aggravating circumstance. Least
penalty should be prison correctional so as not to depreciate seriousness of crime. Justified in applying
RPC provisions because law adopted penalties under RPC in their technical terms thus significations and
effects will also apply. It rules in people v. Tsang Hin Wai that when special law grants discretion to SC to
apply penalties, Code won’t be held. Otherwise, SC should be guided by rules in RPC that being the
expert in criminal law administration.