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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSF. Repeal of Laws (Civil Code, Art. 7)

Question

The Effect and Application of Laws: Repeal of Laws (Civil Code, Art. 7)

A new law was passed by the Philippine legislature, repealing an existing law. The new law specifically states that it shall take effect immediately upon publication in a national newspaper of general circulation. The existing law, on the other hand, had a provision indicating that it shall remain in force until expressly repealed by a subsequent law.

Based on the given scenario and the provisions of the Civil Code on the repeal of laws, analyze the effect and application of laws in the following situations:

  1. Juan committed an act that was considered a violation under the existing law prior to the enactment of the new law. Can Juan still be prosecuted and held liable under the repealed law, even after the passage of the new law?
  2. Maria's civil rights were affected by the existing law. Can Maria still assert her rights under the repealed law, despite the enactment of the new law?
  3. Alexander was convicted for an offense under the repealed law. Can he file a petition for the repeal of his conviction and have his case reviewed under the new law?



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