Philippine Bar review · Question

Practice question: Effects of Repeal or Amendment

Multiple Choice Hard

Practice question

An old law penalizes specified conduct. A replacement law repeals its number but simultaneously reenacts the materially same prohibited act. The accused demands acquittal solely because the older law’s title appears in a repealing clause and says no saving clause means continuity is impossible. Which is best?
  1. Every repealing title necessarily abolishes all offenses
  2. Only a saving clause can ever preserve liability
  3. The court must ignore the reenacted conduct
  4. The accused is automatically guilty of every new offense
  5. Simultaneous reenactment may preserve accrued liability even without a saving clause; the actual prohibited conduct and applicable penalty must be compared

Legal references

  • People v.YYY, GR262941, February20,2024: https://lawphil.net/judjuris/juri2024/feb2024/gr_262941_2024.html

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