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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSL. Generality Principle of Penal Laws (Civil Code, Art. 14)

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EFFECT AND APPLICATION OF LAWS: Generality Principle of Penal Laws (Civil Code, Art. 14)

Imagine a situation wherein a new law was enacted by the Philippine legislature, imposing stricter penalties for the crime of theft. The law explicitly states that it shall have retroactive effect, meaning it will apply even to acts committed prior to its enactment. The law also contains a provision that states it shall have general application to all individuals within the jurisdiction of the Philippines.

Given this scenario, discuss the effect and application of the generality principle of penal laws as stated in Article 14 of the Civil Code of the Philippines. Explain whether the retroactive application of the new law is in accordance with the generality principle and discuss any potential implications and legal issues that may arise from its implementation.

  1. Explain the concept of the generality principle of penal laws.
  2. Discuss the effect and application of the generality principle in relation to the scenario.
  3. Analyze whether the retroactive application of the new law is in accordance with the generality principle.
  4. Identify any potential implications and legal issues that may arise from the implementation of the retroactive provision.



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