Know the effects of repealing the penal statutes

The repeal of penal statutes may be expressed or implied. Example of repeal by implication is through codification as cited in the case of People vs Binuya.

The effects thereof are the following:

1. If the repeal is absolute, the accused should be acquitted.

Exception: The repealing law contains a saving clause to the effect that violations committed prior to the repeal should be punished under the old law. (Lagrimas vs Director of Prisons)

2. If the repealing law does not punish the act which constituted a crime under the old law, the court loses jurisdiction over the case.

3. If the repeal is not express but merely implied, as by reenactment, the court is NOT deprived of jurisdiction as the criminal liability of the accused still subsists. (US vs Cuna)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s