The document discusses the different types of repeal in laws - express repeal and implied repeal. It provides examples of each type and explains the consequences of each if a penal law is repealed expressly or impliedly. Specifically, it states that if a penal law is impliedly repealed, reviving the original law will also revive the punishment, but if repeal is express, reviving the repealing law will not revive the original law or punishment. The document also briefly outlines the development of criminal law in the Philippines, from early codes like the Code of Kalantiao to the Spanish Codigo Penal to the present Revised Penal Code.
The document discusses the different types of repeal in laws - express repeal and implied repeal. It provides examples of each type and explains the consequences of each if a penal law is repealed expressly or impliedly. Specifically, it states that if a penal law is impliedly repealed, reviving the original law will also revive the punishment, but if repeal is express, reviving the repealing law will not revive the original law or punishment. The document also briefly outlines the development of criminal law in the Philippines, from early codes like the Code of Kalantiao to the Spanish Codigo Penal to the present Revised Penal Code.
The document discusses the different types of repeal in laws - express repeal and implied repeal. It provides examples of each type and explains the consequences of each if a penal law is repealed expressly or impliedly. Specifically, it states that if a penal law is impliedly repealed, reviving the original law will also revive the punishment, but if repeal is express, reviving the repealing law will not revive the original law or punishment. The document also briefly outlines the development of criminal law in the Philippines, from early codes like the Code of Kalantiao to the Spanish Codigo Penal to the present Revised Penal Code.
- Express or implied repealrefers to the manner the repeal is
done.Express repeal takes place when a subsequent lawcontains a provision that such law repeals an earlierenactment. For example, in Republic Act No. 6425 (TheDangerous Drugs Act of 1972), there is an expressprovision of repeal of Title V of the Revised Penal Code.Implied repeals are not favored. It requires a competentcourt to declare an implied repeal. An implied repeal willtake place when there is a law on a particular subjectmatter and a subsequent law is passed also on the samesubject matter but is inconsistent with the first law, suchthat the two laws cannot stand together, one of the twolaws must give way. It is the earlier that will give way tothe later law because the later law expresses the recentlegislative sentiment. So you can have an implied repealwhen there are two inconsistent laws. When the earlierlaw does not expressly provide that it is repealing anearlier law, what has taken place here is implied repeal.If the two laws can be reconciled, the court shall alwaystry to avoid implied repeals. For example, under Article 9,light felonies are those infractions of the law for thecommission of which a penalty of arresto mayor or a finenot exceeding P200.00 or both is provided. On the otherhand, under Article 26, a fine whether imposed as asingle or an alternative penalty, if it exceeds P6,000.00but is not less than P200.00, is considered a correctionalpenalty. These two articles appear to be inconsistent. Soto harmonize them, the Supreme Court ruled that if theissue involves the prescription of the crime, the felonywill be considered a light felony and, therefore,prescribes within two months. But if the issue involvesprescription of the penalty, the fine of P200.00 will beconsidered correctional and it will prescribe within 10years. Clearly, the court avoided the collision betweenthe two articles.Consequences if repeal of penal law is express orimplied:1.
If a penal law is impliedly repealed , thesubsequent repeal of the repealing law will revive theoriginal law. So the act or omission which waspunished as a crime under the original law will berevived and the same shall again be crimes althoughduring the implied repeal they may not bepunishable. 2.
If the repeal is express , the repeal of the repealinglaw will not revive the first law, so the act or omission will no longer be penalized. These effects of repeal do not apply to self-repealing lawsor those which have automatic termination. An exampleis the Rent Control Law which is revived by Congressevery two years.When there is a repeal, the repealing law expresses thelegislative intention to do away with such law, and,therefore, implies a condonation of the punishment. Suchlegislative intention does not exist in a self-terminatinglaw because there was no repeal at all. BASIC MAXIMS IN CRIMINAL LAW Doctrine of Pro Reo Whenever a penal law is to be construed or applied andthe law admits of two interpretations - one lenient to theoffender and one strict to the offender- thatinterpretation which is lenient or favorable to theoffender will be adopted.This is in consonance with the fundamental rule that alldoubts shall be construed in favor of the accused andconsistent with the presumption of innocence of theaccused. This is peculiar only to criminal law.One boy was accused of parricide and was found guilty.This is punished by reclusion perpetua to death. Assumingyou were the judge, would you give the accused thebenefit of the Indeterminate Sentence Law (ISLAW)? TheISLAW does not apply when the penalty imposed is lifeimprisonment or death. Would you consider the penaltyimposable or the penalty imposed, taking intoconsideration the mitigating circumstance of minority? If you will answer no, then you go against the doctrine of Pro Reo, because you can interpret the ISLAW in a morelenient manner. Taking into account the doctrine, we caninterpret the ISLAW to mean that the penalty imposableand not the penalty prescribed by law, since it is morefavorable for the accused to interpret the law. Nullum crimen, nulla poena sine lege There is no crime when there is no law punishing thesame. This is true to civil law countries, but not to commonlaw countries.Because of this maxim, there is no common law crime inthe Philippines. No matter how wrongful, evil or bad act is,if there is no law defining the act, the same is notconsidered a crime.Common law crimes are wrongful acts which thecommunity/ society condemns as contemptible, eventhough there is no law declaring the act criminal.Not any law punishing an act or omission may be valid as acriminal law. If the law punishing an act is ambiguous, it isnull and void. Actus non facit reum, nisi mens sit rea The act cannot be criminal where the mind is not criminal.This is true to a felony characterized by dolo, but not afelony resulting from culpa. This maxim is not an absoluteone because it is not applied to culpable felonies, or thosethat result from negligence. Utilitarian Theory or Protective Theory The primary purpose of the punishment under criminal lawis the protection of society from actual or potentialwrongdoers. The courts, therefore, in exacting retributionfor the wronged society, should direct the punishment topotential or actual wrongdoers, since criminal law isdirected against acts and omissions which the society doesnot approve of. Consistent with this theory, the malaprohibita principle which punishes an offense regardless of malice or criminal intent, should not be utilized to applythe full harshness of the special law.In Magno vs. CA, decided on June 26, 1992, the SupremeCourt acquitted Magno of violation of Batas Pambansa Blg.22 when he acted without malice. The wrongdoer is notMagno but the lessor who deposited the checks. He shouldhave returned the checks to Magno when he pulled out theequipment. To convict the accused would defeat the nobleobjective of the law and the law would be tainted withmaterialism and opportunism. DEVELOPMENT OF CRIMINAL LAW IN THEPHILIPPINES Code of Kalantiao If you will be asked about the development of criminal lawin the Philippines, do not start with the Revised PenalCode. Under the Code of Kalantiao, there were penalprovisions. Under this code, if a man would have a relationwith a married woman, she is penalized. Even offendingreligious things, such as gods, are penalized. The Code of Kalantiao has certain penal provisions. The Filipinos havetheir own set of penology also.
Spanish Codigo Penal
When the Spanish Colonizers came, the Spanish CodigoPenal was made applicable and extended to thePhilippines by Royal Decree of 1870. This was madeeffective in the Philippines on July 14, 1876. Who is Rafael Del Pan? He drafted a correctional code which was after theSpanish Codigo Penal was extended to the Philippines.But that correctional code was never enacted into law.Instead, a committee was organized headed by thenAnacleto Diaz. This committee was the one which draftedthe present Revised Penal Code. The Present Revised Penal Code When a committee to draft the Revised Penal Code wasformed, one of the reference that they took hold of wasthe correctional code of Del Pan. In fact, many provisionsof the Revised Penal Code were no longer from theSpanish Penal Code; they were lifted from thecorrectional code of Del Pan. So it was him whoformulated or paraphrased this provision making itsimpler and more understandable to Filipinos because atthat time, there were only a handful who understoodSpanish. Code of Crimes by Guevarra During the time of President Manuel Roxas, a codecommission was tasked to draft a penal code that will bemore in keeping with the custom, traditions, traits as wellas beliefs of the Filipinos. During that time, the codecommittee drafted the so-called Code of Crimes. This too,slept in Congress. It was never enacted into law. Amongthose who participated in drafting the Code of Crimeswas Judge Guellermo Guevarra.Since that Code of Crimes was never enacted as law, heenacted his own code of crimes. But it was the Code of Crimes that was presented in the Batasan as Cabinet BillNo. 2. Because the Code of Crimes prepared by Guevarrawas more of a moral code than a penal code, there wereseveral oppositions against the code. Proposed Penal Code of the Philippines Through Assemblyman Estelito Mendoza, the UP LawCenter formed a committee which drafted the Penal Codeof the Philippines. This Penal Code was substituted asCabinet Bill No. 2 and this has been discussed in the floorof the Batasang Pambansa. So the Code of Crimes now inCongress was not the Code of Crimes during the time of President Roxas. This is a different one. Cabinet Bill No. 2is the Penal Code of the Philippines drafted by a codecommittee chosen by the UP Law Center, one of themwas Professor Ortega. There were seven members of thecode committee. It would have been enacted into law if not for the dissolution of the Batasang Pambansa. TheCongress was planning to revive it so that it can beenacted into law.
Special Laws During Martial Law, there are many Presidential Decreesissued aside from the special laws passed by thePhilippine Legislature Commission. All these special lawswhich are penal in character, are part of our Penal Code