Question

I. EFFECT AND APPLICATION OF LAWS: Generality Principle of Penal Laws

Discuss the applicability of the Generality Principle of Penal Laws in the following scenarios:

1. A new law was enacted that criminalizes the possession and distribution of a certain illicit substance. John was found in possession of a small quantity of the substance before the law came into effect. Can he be prosecuted under the new law? Justify your answer based on the Generality Principle of Penal Laws.
2. Emma is a public official accused of corruption. The Anti-Graft and Corrupt Practices Act was recently amended to include more offenses related to corruption. Emma committed the act prior to the amendment. Can the amended law be applied to her case? Explain whether the Generality Principle of Penal Laws applies in this situation.
3. Carlos is a foreigner residing in the Philippines. He committed a crime that is punishable under Philippine law. However, the law that criminalizes the offense was repealed by a subsequent law. Can Carlos still be held liable for the offense committed? Discuss the effect of the Generality Principle of Penal Laws on this situation.
4. Michelle was charged with a crime that was punishable under a law that was declared unconstitutional by the Supreme Court. The law was subsequently amended to fix the constitutional defect. Can Michelle be prosecuted under the amended law? Analyze the application of the Generality Principle of Penal Laws in this case.
5. Jake was convicted of a crime and given a penitentiary sentence. While serving his sentence, a new law was passed reducing the penalty for the offense he committed. Can Jake avail of the new law to have his sentence reduced? Discuss the effect of the Generality Principle of Penal Laws on this situation.