Criminal Law › Fundamental Principles of Criminal Law › Construction and Application of Penal Laws
2. Effects of Repeal or Amendment
The repeal of penal law which impliedly repealed an old penal law revives the old law
When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. (Reyes, Book I)
Effects of Repeal or Amendment of Penal Laws
| REPEAL OR AMENDMENT | EFFECT |
| If the repeal makes the penalty lighter in the new law | The new law shall be applied, except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. |
| If the new law imposes a heavier penalty | The law in force at the time of the commission of the offense shall be applied |
| If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable or fails to penalize the offense under the old law | The crime is obliterated and the accused cannot be convicted under the new law |
| If repeal is by reenactment | Even without saving clause, or a repeal by implication, it would not destroy criminal liability |
| When the new law and the old law penalize the same offense | The offender can be tried under the old law (US vs. Cuna, 12 Phil. 241) |
| When the repeal is absolute | The offense ceases to be criminal. The accused must be acquitted. (People vs. Tamayo, 61 Phil. 225) |
A person erroneously accused and convicted under a repealed statute may be punished under the repealing statute, provided the accused had an opportunity to defend himself against the charge. (People vs. Baesa, C.A., 56 O.G. 5466)
EFFECT OF REPEAL OF PENAL LAW ON THE ACCUSED
Absolute Repeal vs. Partial Repeal
| ABSOLUTE REPEAL | PARTIAL REPEAL |
| JURISDICTION | |
| Repeal of a penal law deprives the courts of jurisdiction to punish persons charged with a violation of the old penal law prior to its repeal. Repeal without reenactment generally extinguishes liability for the decriminalized act, unless a saving clause preserves liability for prior offenses. (People vs. Sindiong, G.R. No. 43633) | Repeal with reenactment of a penal provision of the old law does not deprive the courts of jurisdiction to punish persons charged with a violation of the old penal law prior to its repeal.Such repeal even without a saving clause will not destroy criminal liability of the accused. (U.S. vs. Cuna, G.R. No. L4504) |
| REENACTMENT | |
| The effect of a new law repealing an old law without reenactment of its penal provision is decriminalization. | If the new law, which repealed an old law with reenactment of its penal provision, is favorable to the accused who is not a habitual delinquent, it shall be given retroactive effect. Otherwise, its application is prospective. |
| EFFECTS OF THE REPEAL OF A CRIME PUNISHABLE UNDER THE OLD LAW, COMMITTED PRIOR TO THE EFFECTIVITY OF THE REPEALING LAW | |
| 1. It will extinguish the criminal liability of the offender; 2. If there is already a pending case, and repeal decriminalizes the act without preserving prior liability, the case must be dismissed because the act is no longer punishable; and 3. If the offender is already serving sentence, it will cause his release, or the remission of the imposed penalty. |
1. It will not extinguish the criminal liability of the offender; 2. If there is already a pending case, the court's jurisdiction to try and punish the accused will be retained; 3. If the offender is already serving sentence, the accused will continue to serve his sentence; and 4. The new law shall be given retroactive effect if it is favorable; otherwise, its application is prospective. |
Authorities
- People v. Abueva, G.R. No. 243633, 15 July 2020
- People v. Baesa
- People v. Tamayo
- Reyes, Book I
- Spouses Germano v. Fortunato B. Cuna CFI Judge of Baybay, G.R. No. L-47935, 5 May 1979
- U.s. v. Cuna, G.R. No. L4504