Election-related legal controversies took center stage in the recently concluded 2025 elections. One issue that resurfaced recently involves the retroactive application of laws—particularly those that operate in favor of the accused. A timely Supreme Court ruling in Bargado v. People, G.R. No. 271081, July 29, 2024, reminds us of this bedrock principle of criminal law.
The case stemmed from the 2017 Barangay and Sangguniang Kabataan Elections (BSKE), originally set for October 2017. Accordingly, the Commission on Elections (COMELEC) declared September 23 to October 30, 2017 as the official election period. On October 1, 2017, Dexter Bargado was apprehended for carrying a Caliber .45 pistol in violation of Section 261(q) of the Omnibus Election Code, which bans the bearing of firearms during the election period.
The following day, October 2, 2017, Congress enacted Republic Act No. 10952, which postponed the 2017 BSKE to May 2018. Dexter moved to quash the Information filed against him, arguing that with the postponement of the elections, the so-called “election period” retroactively lost its legal footing, effectively removing an essential element of the crime.
His argument was initially brushed aside by the trial court and later affirmed by the Court of Appeals. But on appeal to the Supreme Court, Dexter found vindication.
The High Court ruled that while R.A. No. 10952 is not a penal law per se—it doesn’t define a crime nor impose a penalty—it directly impacts an element of the offense charged: that the act occurred during an election period. Without an election, there can be no election period, and without such a period, the crime defined under Section 261(q) could not possibly be committed.
The Court emphasized a crucial point: applying the postponement law retroactively in this instance benefits the accused by negating one of the essential elements of the offense. The Court further noted that allowing two election periods for a single election would create confusion and undermine the very integrity that the Omnibus Election Code seeks to protect.
The case of Bargado reinforces the principle enshrined in Article 22 of the Revised Penal Code: penal laws shall have retroactive effect if they are favorable to the accused, even if final judgment has not yet been rendered.
In effect, the Supreme Court ruled that from the moment the 2017 BSKE was officially postponed, the supposed election period that was previously declared ceased to have legal effect. And so, Dexter’s conviction—built on the assumption of an existing election period—collapsed.
This ruling not only clarifies a nuanced legal doctrine but also serves as a cautionary tale for law enforcers and prosecutors: timing is everything, especially when it comes to acts dependent on statutory events such as elections.
More broadly, it is a compelling example of how the rule of law—tempered with fairness and logic—works in practice. It reminds us that criminal liability must rest not merely on what the law once said, but on what the law now recognizes as just and enforceable. And that, precisely, is the kind of justice our Constitution guarantees.
