Question

A new penal law was enacted by the Philippine Congress that imposes a higher penalty for a certain offense. The law specifically states that it shall be given retroactive effect, applying to all cases that are pending or have been finalized. In light of this, several individuals who have been convicted of the said offense before the enactment of the law have filed petitions for the retroactive application of the more lenient penalty. The issue now lies in determining the retroactive effect of the penal law and its implications on the cases at hand.

Based on the given scenario, discuss the retroactive effect of penal laws in the Philippines. In your answer, address the following points:

1. Explain the concept of retroactivity in relation to penal laws.
2. Discuss the factors that determine the retroactive effect of penal laws.
3. Analyze the arguments presented by the individuals seeking the retroactive application of the more lenient penalty.
4. State your opinion on whether the penal law should be given retroactive effect in the cases at hand, providing legal basis for your stance.