B. Construction and Application of Penal Laws

RULES ON CONSTRUCTION OF PENAL LAWS

Penal laws are strictly construed against the Government and liberally in favor of the accused. (People vs. Yu Hai, 99 Phil. 728)

The rule that penal statutes should be strictly construed against the State may be invoked only where the law is ambiguous and there is doubt as to its interpretation. Where the law is clear and unambiguous, there is no room for the application of the rule. (People vs. Gatchalian, 104 Phil. 664)

No person should be brought within the terms of criminal statutes who is not clearly within them, nor should any act be pronounced criminal which is not clearly made so by the statute. (U.S. vs. Abad Santos, 36 Phil. 243, 246)

It is a fundamental principle in applying and interpreting criminal laws to resolve all doubts in favor of the accused or the so-called in dubio pro reo. When in doubt, rule for the accused because of the constitutional presumption of his innocence until the contrary is proven beyond reasonable doubt. Accordingly, when a criminal act is penalized by distinct criminal statutes, that penalty which is favorable to the accused shall be applied. (People vs. Altubar, G.R. No. 207089)

Nature of places

The phrase ‘in a place devoted to religious worship’ does not necessarily require that a religious ceremony is going on. Under Article 14(5) of the Revised Penal Code, a crime may be committed in a place devoted to religious worship even when no religious ceremony is taking place.

Applicability of article

• Applicable even if escapee is merely a detention prisoner
• Applicable if escapee came from a hospital or asylum, as these are considered extensions of the penal institution

Dwelling does not mean the permanent residence or domicile

The Code speaks of "dwelling," not domicile. (People vs. Basa, 83 Phil. 622, 624)