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

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Subject: Construction or Interpretation of Penal Laws

The law on the retroactive effect of penal laws is an important aspect of criminal legislation in the Philippines. In this scenario, consider the following:

Quinn, a resident of Manila, was charged with theft under Republic Act No. 10883. After a lengthy trial, Quinn was acquitted due to lack of evidence. However, six months after the acquittal, a new penal law was enacted, specifically Republic Act No. 11222, which classifies theft as a non-bailable offense.

Based on the given scenario, discuss the following:

What is the general rule regarding the retroactive effect of penal laws in the Philippines?
Will Republic Act No. 11222 apply to Quinn's case? Why or why not? Explain.
Are there any exceptions or limitations to the retroactive application of penal laws in the Philippines? Discuss and provide examples.

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