3. Retroactive Effect of Penal Laws

Retroactive Effect of Penal Laws

Art. 22. Retroactive effect of penal laws. — Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

GENERAL RULE

Penal laws shall have prospective application, lest they acquire the character of an ex post facto law. (People vs. Valeroso, G.R. No. 164815)

EXCEPTIONS: When penal laws may be given retroactive effect

• If the law is favorable to the accused, who is not a habitual delinquent;
• If the law decriminalizes an act; or
• If the law expressly provides retroactivity.

A person shall be deemed to be a habitual delinquent if within a period of 10 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. (Art. 62, par. 5, RPC)

In order that a subsequent statute may have a retroactive effect, it must in the first place refer to the same deed or omission penalized by the former statute and must seek the same end and purpose. (U.S. vs. Macasaet, 11 Phil. 447, 449)

EXCEPTION TO EXCEPTION

The rule that criminal laws have retroactive effect when favorable to the accused has no application where the new law is expressly made inapplicable to pending actions or existing causes of action. (Tavera vs. Valdez, 1 Phil. 468, 470-471)

Criminal liability under the repealed law subsists:

• When the provisions of the former law are reenacted; or
• When the repeal is by implication; or
• When there is a saving clause. (U.S. vs. Cuna, supra; Wing vs. U.S., supra)

The right to punish offenses committed under an old penal law is not extinguished if the offenses are still punished in the repealing penal law. (People vs. Rosenthal, 68 Phil. 328)

No retroactive effect of penal laws as regards jurisdiction of court

The jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime. (People vs. Romualdo, G.R. No. L-3686)

The jurisdiction of the courts in criminal cases is determined by the allegations of the complaint or information, and not by the findings the court may make after trial. (People vs. Mission, G.R. No. L3488)

GENERAL RULE

A penal law cannot make an act punishable in a manner in which it was not punishable when committed. The rule of non-retroactivity applies.

No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Art. 21, RPC)

EXCEPTION

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be given a retroactive effect.