LAW 1 REVIEWER
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A. Must Necessarily Relate:
1. To penal laws existing prior to the Revised Penal Code, in which
the penalty was less severe than those of the code OR
2. To laws enacted subsequent to the Revised Penal Code, in
which the penalty is more favorable to the accused.
B. Courts Can Apply This Provision, Even If Not Invoked By The
Accused
II. Rule
General Rule: Give criminal laws prospective effect.
o People v. Changco Facts: Before Article 365 (RPC)
was amended, slight physical injuries through reckless
imprudence was not punishable. On September 21,
1954, accused committed such act. On June 21, 1957,
RA 1790 was approved thus making the amendments.
Issue: Can accused be punished?
Held: The amended Article 365 punishing the act
cannot be given retroactive effect such as to punish the
accused.
o Giving a law retroactive effect, if unfavorable to the
accused will violate the constitutional inhibition as to
ex post facto law. (See Criminal Law in General)
Exception: To give criminal laws retroactive effect when
favorable to the accused.
o Lapuz v. Court of Appeals Facts: Bus driver convicted
separately of (1) homicide with serious physical injuries
through reckless imprudence and (2) damage to
property through reckless imprudence for the
destruction caused to the other bus. RA 587 amending
III. Reason For The Exception
The sovereign in enacting a subsequent penal law more
favorable to the accused has recognized that the greater
severity of the former law is unjust.
However, the new law may provide otherwise
o Republic Act No. 4661 decreasing the prescription of
libel from 2 years to 1 year provides that it shall not
apply to cases of libel already filed in court at the time
of its approval.
o Republic Act No. 9346 prevents the imposition of the
death penalty, and could be apply retroactively
because it favors the accused.
Even if no more death penalty, the
classification of heinous crimes still remains
because of the possibility that it will once again
be revived. Moreover, civil liability is still
dependent on the nature of heinous crimes
(People v Bon).
Even if the offender is a habitual delinquent,
this law will still benefit him. Congress intended
it to benefit even the habitual delinquent.
IV. Revised Penal Code Was Not Given Retroactive Effect
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V. Important Words And Phrases
A. Although At The Time Of The Publication Of Such Laws A Final
Sentence Has Been Pronounced And The Convict Is Serving The Same
Provision of Article 22 that penal laws shall have retroactive
effect insofar as they favor the person guilty of a felony is
applicable even if the accused has already started or is serving
his sentence.
The favorable retroactive effect of a new law may find the
defendant in one of these three situations:
o The crime has been committed and prosecution begins.
o Sentence has been passed but service has not begun.
o The sentence is being carried out.
In any case, the favorable new statute benefits him and should
apply to him.
Example: case of Robin Padilla where his sentence was
shortened after the passing of a new law that decreased the
penalty of illegal possession of firearms.
B. Who Is Not A Habitual Criminal?
Habitual criminals are not entitled to benefit of the provisions
of the new favorable statute.
A person shall be deemed to be a habitual delinquent if within
a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa, or falsification, he is found guilty
of any said crimes a third time or oftener (Rule 5, Article 62)
VI. In Connection To Civil Liability
A. Retroactive Effect Not Applicable To Civil Liability
B. A New Law Increasing Civil Liability Cannot Be Retroactive
Thus, Commonwealth Act No. 284 which increased the
minimum indemnity for the death of a person by reason of the
commission of a crime from P1,000 to P2,000 was not given
retroactive effect (People v. Panaligan).
VII. Article 22 v. Article 3661
The two articles mean that while felonies and misdemeanors
committed prior to the date of effectiveness of the Revised
Penal Code shall be punished in accordance with the Code or
Acts in force at the time of their commission, the same should
not be the case IF such Code or Acts are unfavorable to the
guilty party for the general principle on the retroactivity of
favorable penal laws, recognized in Article 22, should then
apply.
VIII. Repeal Of Laws
A. Lagrimas Case v. Tamayo Case
Lagrimas
Tamayo
Facts Petitioner convicted for Accused was convicted for
assault upon a public official violating
a
municipal
and penalized under Article ordinance.
251 of the old penal code.
Pending his appeal, the
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Held
Ratio
The
repeal
(completely
eliminating the section of the
ordinance under which the
accused was being prosecuted)
was absolute.
B. Criminal Liability Under Repealed Law Subsists:
1. When the provisions of the former law are reenacted; or
2. When the repeal is by implication; or
3. When there is a saving clause
Right to punish offenses committed under an old penal law is
not extinguished if the offenses are still punished in the
repealing law.
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The ONLY act that can extinguish the penal action after
institution of criminal action is marriage between offender and
offended party.
Pardon under Article 344 is only a bar to criminal prosecution
Article 89 providing for the total extinction of criminal liability
does not mention pardon by the offended party as one of the
causes of totally extinguishing criminal liability.
C. But Civil Liability With Regard To The Interest Of The Injured Party
Is Extinguished By His Express Waiver
Two classes of injury:
o Social injury disturbance and alarm resulting from
the offense.
o Personal injury caused to the victim who suffered
damage either to his person, property, honor or her
chastity.
Social injury is sought to be repaired by imposition of penalty.
The state has an interest and therefore cannot be extinguished
by pardon of offended party.
Personal injury is repaired through indemnity, which is civil in
nature, and can thus be EXPRESSLY waived. The State has not
reason to insist on its payment.
Article 24. Measures of prevention or safety which are nor
considered penalties.
The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as
well as their detention by reason of insanity or imbecility, or
illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions
mentioned in Article 80 and for the purposes specified
therein.
3. Suspension from the employment of public office during the
trial or in order to institute proceedings.
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POINTS
I. As Well As Their Detention By Reason Of Insanity Or Imbecility
Refers to accused persons who are detained by reason of
insanity or imbecility.
THEIR in the second clause of paragraph 1 refers to accused
persons.
II. They are not considered penalties
Because they are not imposed as a result of judicial
proceedings
Paragraphs 1, 3 and 4 are preventive measures.
Paragraph 2 is not a penalty because it is not imposed by the
court. The imposition of the sentence in such case is
suspended.
o Note: This has been repealed by the Juvenile Justice
Act.
Fines mentioned in Paragraph 4 should not be imposed by the
court, or else they will constitute a penalty.
Paragraph 5 is illustrate in the case of parents who are stripped
of their parental authority if found guilty of the crime of
corruption of their minor children.
III. Relevant Special Penal Laws
PNP Act (Republic Act No. 6975) preventive suspension of
policemen during criminal trials (Sections 41 and 47).
Anti-Graft and Corrupt Practices Act (Republic Act No. 3019)
suspension of public official after filing of a valid information.
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