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All ▸ Bar 2024 ▸ CRIMINAL LAW ▸ I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW ▸ B. Construction or Interpretation of Penal Laws ▸ 2. Retroactive Effect of Penal Laws

Question

Subject: Construction or Interpretation of Penal Laws

Adam was convicted of theft under the provisions of Republic Act No. 1234, which was enacted on January 1, 2022. The law provides for a maximum penalty of 10 years imprisonment. However, on April 1, 2022, a new law, Republic Act No. 5678, was passed, lowering the maximum penalty for theft to 5 years imprisonment.

Can Adam benefit from the retroactive effect of Republic Act No. 5678 in his case? Discuss the principles governing the retroactive application of penal laws in the Philippines. Support your answer with applicable legal provisions and jurisprudence.



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Bar Review Question: Subject: Construction or Interpretation of Penal Laws Adam was convicted of theft under the provis