CONCURRING AND DISSENTING OPINION
SERENO, CJ:
The measure of a just society depends not only on how it apprehends and punishes the guilty. It also lies in the dignity and fairness it collectively accords convicted persons who, irrevocably, are still members of that society. The duty of the Court in this case is not only to dispense justice, but to actively prevent injustice wrought by inaction on the question of the continued justness of the penalties under Article 315 of the Revised Penal Code.
I concur with the ponencia in affirming the conviction of petitioner but vote to apply the...
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