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Retroactive Effect Of Penal Laws


ART.22

NOTE: According to Reyes, Art. 22 is NOT applicable to the
provisions of the RPC. Its application to the RPC can only be
invoked where some former or subsequent law is under consideration

GENERAL RULE: Penal laws are applied prospectively.

   EXCEPTION: When retrospective application will be favorable
   to the person guilty of a felony; Provided that:
      1. The offender is NOT a habitual criminal (delinquent)
         under Art. 62(5);
      2. The new or amendatory law does NOT provide against its
         retrospective application.

The favorable retroactive effect of a new law may find the
defendant in one of the 3 situations:
1. The crime has been committed and the prosecution begins
2. The sentence has been passed but service has not begun
3. The sentence is being carried out

HABITUAL DELINQUENT - A person who, 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,is found guilty of any said crimes a
third time or oftener.

EX POST FACTO LAW - An act which when committed was not a crime,
cannot be made so by statute without violating the constitutional
inhibition as to ex post facto laws. An ex post facto law is one
which:
      1. Makes criminal an act done before the passage of the law
         and which was innocent when done;
      2. Aggravates a crime, or makes it greater than it was,
         when committed;
      3. Changes the punishment and inflicts a greater punishment
         than the law annexed to the crime when committed;
      4. Alters the legal rules of evidence, and authorizes
         conviction upon a less or different testimony than the
         law required at the time of the commission of the offense;
      5. Assumes to regulate civil rights and remedies only, in
         effect imposing a penalty or deprivation of a right for
         something which when done was lawful; and
      6. Deprives a person accused of a crime of some lawful
         protection to which he has become entitled, such as the
         protection of a former conviction or acquittal, or a
         proclamation of amnesty.

If retroactive effect of a new law is justified, it shall apply
to the defendant even if he is:
1. presently on trial for the offense;
2. has already been sentenced but service of which has not begun; or
3. already serving sentence

The retroactive effect of criminal statutes does NOT apply to
the culprit’s civil liability.

   REASON: The rights of offended persons or innocent third
   parties are not within the gift of arbitrary disposal of
   the State.

The provisions of Art. 22 are applicable even to special laws
which provide more favorable conditions to the accused.

New law may provide that its provisions not to be applied to
cases already filed in court at the time of the approval of
such law.

Criminal liability SUBSISTS: under the repealed law
1. When the provisions of the former law are reenacted; or

      Note: The right to punish offenses committed under an old
      penal law is not extinguished if the offenses are still
      punishable in the repealing penal law.)

2. When the repeal is by implication; or

      Note: When a penal law, which impliedly repealed an old
      law, is itself repealed, the repeal of the repealing law
      revives the prior penal law, unless the language of the
      repealing statute provides otherwise. If the repeal is
      absolute, criminal liability is obliterated.)

3. When there is a saving clause.

BILL OF ATTAINDER – A legislative act which inflicts punishment
without trial.











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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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