CRIMINAL LAW > I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW > B. Construction or Interpretation of Penal Laws > 1. Effects of Repeal/Amendments of Penal Laws

1. General Principles on the Repeal or Amendment of Penal Laws

Legal Basis for Interpretation
The effects of repeal or amendment of penal laws are governed by the following key principles under Philippine law:
- Article 22 of the Revised Penal Code (RPC): Provides the rule on retroactivity of penal laws. Specifically:
  - Penal laws that are favorable to the accused shall be given retroactive effect.
  - If the repeal or amendment is unfavorable to the accused, it shall apply prospectively.
- Statutory Construction: Penal laws are to be construed strictly against the State and liberally in favor of the accused. This principle extends to the interpretation of repealed or amended laws.
Types of Repeal
Repeal of a penal law may be:
- Express Repeal: The law specifically declares that a prior law is repealed.
- Implied Repeal: Occurs when a later law contains provisions that are irreconcilably inconsistent with an earlier law. Implied repeals are not favored and will only be upheld when there is a clear legislative intent to repeal the earlier law.

2. Effects of Repeal of Penal Laws

General Rule:
When a penal law is repealed, its effects depend on whether the repeal is favorable or unfavorable to the accused.
When Repeal is Favorable to the Accused:
- Article 22, RPC: The repeal shall be given retroactive effect.
  - Example: If a criminal act is decriminalized or penalties are reduced, the accused or convict benefits from the new, more lenient law.
  - Application: Courts must immediately cease to enforce the prior law, and penalties must be modified accordingly for pending cases or ongoing sentences.
- This rule applies to:
  - Pending cases where judgment has not yet become final.
  - Cases where the sentence is still being served.
When Repeal is Unfavorable to the Accused:
- If the repeal or amendment imposes a heavier penalty or criminalizes an act that was previously lawful, the rule is non-retroactivity of laws.
- Prospective Application: Only acts committed after the effectivity of the new law are covered.
  - Rationale: To preserve the principle of nullum crimen, nulla poena sine lege (no crime, no punishment without a pre-existing law).

3. Effects of Amendment of Penal Laws

Definition of Amendment:
Amendment refers to changes or modifications in specific provisions of a penal law without repealing the entire statute.
General Rule:
- The same principles governing the repeal of penal laws apply to amendments:
  - Amendments favorable to the accused are retroactive.
  - Amendments unfavorable to the accused are prospective.
Partial Decriminalization:
- If a penal law is amended such that it excludes certain acts from its scope, those excluded acts are considered decriminalized.
- Example: If an amendment narrows the definition of a crime to exclude certain conduct, individuals charged or convicted for those excluded acts can no longer be held liable.
Increase in Penalties:
- When an amendment increases the penalties for an offense, the rule of prospectivity applies.
- Example: If the penalty for theft is increased from six months to one year imprisonment, the amendment applies only to thefts committed after the amendment's effectivity.

4. Special Considerations

Decriminalization of Acts:
- If a law repeals the criminal character of an act (e.g., decriminalizing libel or adultery), all persons charged or convicted for such acts are immediately released from liability.
- Case Law: Courts have consistently upheld the retroactive application of decriminalization, favoring the accused.
Substitution of Laws:
- If a repealed law is replaced by a new law covering the same subject matter, the applicability of the new law depends on its provisions.
  - If the new law is favorable, it retroactively applies to pending cases or ongoing sentences.
  - If it is unfavorable, it applies prospectively.
Interplay with Procedural Laws:
- Procedural laws, unlike substantive laws, may apply retroactively unless they impair vested rights. Amendments to procedural aspects of penal laws (e.g., rules on filing complaints) can be applied to ongoing cases.

5. Jurisprudential Guidance

Landmark Cases:
- People v. Macatanda (93 Phil. 694): The Supreme Court ruled that the repeal of a penal law favorable to the accused is immediately applicable, even during the pendency of the case.
- People v. Judge Ferrer (107 SCRA 164): Reaffirmed the principle that penal laws favorable to the accused are retroactive unless explicitly stated otherwise.
- Ong v. Sandiganbayan (G.R. No. 126858, September 16, 2005): Clarified that implied repeals are disfavored and retroactivity applies only to provisions that benefit the accused.
Judicial Discretion:
Courts are duty-bound to interpret repeals or amendments in the light most favorable to the accused, respecting constitutional safeguards such as the prohibition against ex post facto laws.

6. Limitations on Retroactivity

Final and Executed Judgments:
- If the judgment in a case has already become final and executory, it cannot be reopened merely because of a favorable repeal or amendment.
  - Exception: Cases involving decriminalization, where penalties imposed must be lifted regardless of the finality of judgment.
Inapplicability to Civil Liabilities:
- Repeals or amendments of penal laws do not extinguish civil liabilities arising from criminal acts unless explicitly stated.

Summary

The repeal or amendment of penal laws in the Philippines operates under the principle of favoring the accused. Retroactivity applies to changes that are beneficial, while unfavorable changes apply only prospectively. Courts rigorously adhere to these principles to ensure that the constitutional rights of individuals are upheld, preventing retroactive application of laws that disadvantage the accused. These rules promote fairness and safeguard fundamental rights under the rule of law.