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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

Scenario:

John was convicted of theft based on a law that was repealed after he committed the crime. The new law, which replaced the repealed law, provided for a lesser penalty for theft. John now challenges the conviction, claiming that the new law should be applied retroactively to his case.

Question:

Discuss the retroactive effect of penal laws in the Philippines. Should the new law providing for a lesser penalty be applied retroactively to John's case? Explain your answer.



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Bar Review Question: Subject: Construction or Interpretation of Penal Laws Scenario: John was convicted of theft based