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AllBar 2024CRIMINAL LAWI. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAWB. Construction or Interpretation of Penal Laws2. Retroactive Effect of Penal Laws

Question

Subject: Construction or Interpretation of Penal Laws

The Retroactive Effect of Penal Laws is an important aspect in the Philippine legal system. It allows for the application of laws that were enacted after the commission of an offense. Consider the following scenario:

Juan was convicted of theft in 2018 and sentenced to 5 years imprisonment. In 2020, a new law was passed reducing the penalty for theft to a maximum of 3 years imprisonment. Juan wants to know if the new law can be applied retroactively to his case.

Based on the above scenario, determine the following:

  1. Discuss the general rule on the retroactive effect of penal laws in the Philippines.
  2. Assuming the new law is favorable to the accused, can it be applied retroactively to Juan's case? Explain your answer.
  3. What are the exceptions to the general rule on the retroactive effect of penal laws? Provide at least three examples.



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