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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSF. Repeal of Laws (Civil Code, Art. 7)

Question

I. EFFECT AND APPLICATION OF LAWS

F. Repeal of Laws (Civil Code, Art. 7)

You are a lawyer handling a case involving a specific law that has been repealed. Analyze the effect and application of the repeal of laws based on the scenario provided below:

Scenario:

  1. The Republic Act 1234, which penalized the possession of a prohibited substance, has been repealed by the new Republic Act 5678.
  2. During the pendency of the case, the accused was charged under the old law (Republic Act 1234) which was still in effect at that time.
  3. After the trial, but before the promulgation of judgment, the new law (Republic Act 5678) was enacted and became effective.
  4. The accused now appeals his conviction, raising the issue of the repeal of the old law and the application of the new law to his case.

Based on the given scenario, discuss the following:

  1. What is the effect of the repeal of the old law (Republic Act 1234)?
  2. Can the accused be convicted and punished for the offense under the old law, even if it has been repealed?
  3. How does the enactment of the new law (Republic Act 5678) affect the pending case?
  4. What law should be applied in deciding the accused's appeal?



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