Article 22

Question 1

Cite Art. 22 of the RPC

Answer 1

Retroactive effect of penal laws - Penal laws shall have a retroactive effect insofar 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

Question 2

Is Art. 22 applicable to the provisions of the RPC?

Answer 2

No

Question 3

The only 2 situations where Art. 22 of the RPC must relate to: (2)

Answer 3

1. To penal laws existing prior to the RPC, in which the penalty was less severe than those of the Code;
2. To laws enacted subsequent to the RPC, in which the penalty is more favorable to the accused

Question 4

Does Art. 22 of the RPC apply to special laws?

Answer 4

Yes

Question 5

Does Art. 22 of the RPC apply to laws dealing with prescription of crime?

Answer 5

Yes, provided it be more favorable to the accused

Question 6

Reason for Art. 22 applying to laws dealing with prescription of crime

Answer 6

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

Question 7

Will Art. 22 always apply when the retroactive effect is favorable to the accused?

Answer 7

No, it will not apply when the new law is expressly made inapplicable to pending actions or existing causes of action

Question 8

What provision of the Constitution is violated when a law is given retroactive effect even if it is unfavorable to the accused?

Answer 8

It violates the constitutional inhibition as to ex post facto laws (Sec. 22, Art. 3, 1987 Constitution)

Question 9

What is an ex post facto law? (6)

Answer 9

One which:
1. Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act
2. Aggravates a crime, or makes it greater than it was, when committed
3. Changes the punishment when committed
4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of commission of the offense;
5. Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful
6. Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection fo a former conviction or acquittal, or a proclamation of amnesty

Question 10

Can Art. 22 of the RPC apply even if the accused is already serving sentence?

Answer 10

Yes

Question 11

The three situations where the favorable retroactive effect of a new law may apply (3)

Answer 11

1. The crime has been committed and prosecution begins
2. Sentence has been passed but service has not begun
3. The sentence is being carried out

Question 12

Does Art. 22 of the RPC apply to a habitual delinquent?

Answer 12

No

Question 13

Define a habitual delinquent

Answer 13

A person shall be deemed one 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, ROBERRY, THEFT, ESTAFA, or FALSIFICATION, he is found guilty of any said crimes a THIRD time or oftener

Question 14

Does Art. 22 of the RPC apply to the accused’s civil liability?

Answer 14

No, because the rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State

Question 15

The rule on when a court acquires jurisdiction for a criminal case

Answer 15

The jurisdiction of a court to try a criminal case 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

Question 16

How are jurisidction of courts in criminal cases determined?

Answer 16

It is determined by the ALLEGATIONS of the complaint or INFORMATION, and not by the findings the court may make after trial

Question 17

In applying Art. 22 of the RPC, should both laws refer to the same deed or omission having the same end?

Answer 17

Yes

Question 18

Compare Articles 22 and 366 of the RPC (2)

Answer 18

1. Art. 366 pertains to application of laws enacted prior to the RPC, while Art. 22 is the retroactive effect of penal laws
2. Felonies committed prior to the RPC shall be punished in accordance with the law in force at the time of their commission, except when it is unfavorable to the guilty party

Question 19

Is criminal liability extinguished when the subsequent penal law is only reenacted?

Answer 19

No, because it did not absolutely repeal the prior penal law. When the repeal is by reenactment, the court has jurisdiction to try and punish an accused person under the old law

Question 20

The cases in which criminal liability under the repealed law subsists (3)

Answer 20

1. When the provisions of the former law are reenacted;
2. When the repeal is by implication
3. When there is a saving clause

Question 21

What is reenactment?

Answer 21

It is where the repealing act reenacts the former statute and punishes the act previously penalized under the old law, the act committed before the reenactment continues to be an offense in the statute books and pending cases are not affected, regardless of whether the new penalty to be imposed is more favorable to the accused

Question 22

When is there an implied repeal?

Answer 22

When a substantial conflict exists between the new and the prior laws

Question 23

What is a saving clause?

Answer 23

It operates to except from the effect of the repealing law what would otherwise be lost under the new law

Question 24

When the law that expressly repeals the original law is repealed, does it revive the original law?

Answer 24

No

Question 25

When the law that impliesly repeals the original law is repealed, does it revive the original law?

Answer 25

Yes

Question 26

What penalty may be imposed for the commission of a felony?

Answer 26

Only that penalty prescribed by law prior to the commission of the felony may be imposed (Art. 21)
Felonies are punishable under the laws in force at the time of their commission (Art. 366)
But the penalty prescribed by a law enacted after the commission of the felony may be imposed, if it favorable to the offender (Art. 22)