Total or Absolute, or Partial or Relative Repeal. - As To The Effect of Repeal

Effect of repeal of penal law to liability of offender
Total or absolute, or partial or relative repeal. — As to the effect of repeal

of penal law to the liability of offender, qualify your answer by saying whether
the repeal is absolute or total or whether the repeal is partial or relative only.
A repeal is absolute or total when the crime punished under the repealed
law has been decriminalized by the repeal. Because of the repeal, the act or
omission which used to be a crime is no longer a crime. An example is Republic
Act No. 7363, which decriminalized subversion.
A repeal is partial or relative when the crime punished under the repealed
law continues to be a crime inspite of the repeal. This means that the repeal
merely modified the conditions affecting the crime under the repealed
law. The modification may be prejudicial or beneficial to the offender. Hence,
the following rule:
Consequences if repeal of penal law is total or absolute
(1) If a case is pending in court involving the violation of the repealed

law, the same shall be dismissed, even though the accused may be a habitual
delinquent.
(2) If a case is already decided and the accused is already serving

sentence by final judgment, if the convict is not a habitual delinquent, then
he will be entitled to a release unless there is a reservation clause in the penal
law that it will not apply to those serving sentence at the time of the
repeal. But if there is no reservation, those who are not habitual delinquents
even if they are already serving their sentence will receive the benefit of the
repealing law. They are entitled to release.
If they are not discharged from confinement, a petition for habeas corpus
should be filed to test the legality of their continued confinement in jail.
If the convict, on the other hand, is a habitual delinquent, he will continue

serving the sentence in spite of the fact that the law under which he was
convicted has already been absolutely repealed. This is so because penal laws
should be given retroactive application to favor only those who are not
habitual delinquents.
Consequences if repeal of penal law is partial or relative
(1) If a case is pending in court involving the violation of the repealed

law, and the repealing law is more favorable to the accused, it shall be the
one applied to him. So whether he is a habitual delinquent or not, if the case
is still pending in court, the repealing law will be the one to apply unless there
is a saving clause in the repealing law that it shall not apply to pending causes
of action.
(2) If a case is already decided and the accused is already serving

sentence by final judgment, even if the repealing law is partial or relative, the
crime still remains to be a crime. Those who are not habitual delinquents will
benefit on the effect of that repeal, so that if the repeal is more lenient to
them, it will be the repealing law that will henceforth apply to them.
Under Article 22, even if the offender is already convicted and serving
sentence, a law which is beneficial shall be applied to him unless he is a
habitual delinquent in accordance with Rule 5 of Article 62.
Consequences if repeal of penal law is express or implied
(1) If a penal law is impliedly repealed, the subsequent repeal of the

repealing law will revive the original law. So the act or omission which was
punished as a crime under the original law will be revived and the same shall
again be crimes although during the implied repeal they may not be
punishable.
(2) If the repeal is express, the repeal of the repealing law will not
revive the first law, so the act or omission will no longer be penalized.
These effects of repeal do not apply to self-repealing laws or those which have
automatic termination. An example is the Rent Control Law which is revived
by Congress every two years.
Theories of Criminal Law
1. Classical Theory – Man is essentially a moral creature with an absolute

free will to choose between good and evil and therefore more stress is
placed upon the result of the felonious act than upon the criminal
himself.
1. Positivist Theory – Man is subdued occasionally by a strange and

morbid phenomenon which conditions him to do wrong in spite of or
contrary to his volition.
2. CLASSIFICATION OF FELONIES
3. This question was asked in the bar examination: How do you classify
felonies or how are felonies classified?
4. What the examiner had in mind was Articles 3, 6 and 9. Do not write
the classification of felonies under Book 2 of the Revised Penal
Code. That was not what the examiner had in mind because the
question does not require the candidate to classify but also to
define. Therefore, the examiner was after the classifications under
Articles 3, 6 and 9.
5. Felonies are classified as follows:
6. (1) According to the manner of their commission
7. Under Article 3, they are classified as, intentional felonies or those
committed with deliberate intent; and culpable felonies or those
resulting from negligence, reckless imprudence, lack of foresight or lack
of skill.
8. (2) According to the stages of their execution
9. Under Article 6., felonies are classified as attempted felony when the
offender commences the commission of a felony directly by overt acts,
and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own
spontaneous desistance; frustrated felony when the offender
commences the commission of a felony as a consequence but which
would produce the felony as a consequence but which nevertheless do
not produce the felony by reason of causes independent of the
perpetrator; and, consummated felony when all the elements necessary
for its execution are present.
10. (3) According to their gravity
11. Under Article 9, felonies are classified as grave felonies or those
to which attaches the capital punishment or penalties which in any of
their periods are afflictive; less grave felonies or those to which the law
punishes with penalties which in their maximum period was
correccional; and light felonies or those infractions of law for the
commission of which the penalty is arresto menor.
12. Why is it necessary to determine whether the crime is grave, less
grave or light?
13. To determine whether these felonies can be complexed or not,
and to determine the prescription of the crime and the prescription of
the penalty. In other words, these are felonies classified according to
their gravity, stages and the penalty attached to them. Take note that
when the Revised Penal Code speaks of grave and less grave felonies,
the definition makes a reference specifically to Article 25 of the Revised
Penal Code. Do not omit the phrase “In accordance with Article 25”
because there is also a classification of penalties under Article 26 that
was not applied.
14. If the penalty is fine and exactly P200.00, it is only considered a
light felony under Article 9.
15. If the fine is imposed as an alternative penalty or as a single
penalty, the fine of P200.00 is considered a correctional penalty under
Article 26.
16. If the penalty is exactly P200.00, apply Article 26. It is considered
as correctional penalty and it prescribes in 10 years. If the offender is
apprehended at any time within ten years, he can be made to suffer the
fine.
17. This classification of felony according to gravity is important with
respect to the question of prescription of crimes.
18. In the case of light felonies, crimes prescribe in two months. If
the crime is correctional, it prescribes in ten years, except arresto
mayor, which prescribes in five years.
Construction of Penal Laws
1. Criminal Statutes are liberally construed in favor of the offender. This

means that no person shall be brought within their terms who is not
clearly within them, nor should any act be pronounced criminal which is
not clearly made so by statute.
2. The original text in which a penal law is approved in case of a conflict
with an official translation.
3. Interpretation by analogy has no place in criminal law

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Effect of repeal of penal law to liability of offender

Total or absolute, or partial or relative repeal. — As to the effect of repeal

Consequences if repeal of penal law is total or absolute

(1) If a case is pending in court involving the violation of the repealed

(2) If a case is already decided and the accused is already serving

If the convict, on the other hand, is a habitual delinquent, he will continue

Consequences if repeal of penal law is partial or relative

(1) If a case is pending in court involving the violation of the repealed

(2) If a case is already decided and the accused is already serving

Consequences if repeal of penal law is express or implied

(1) If a penal law is impliedly repealed, the subsequent repeal of the

Theories of Criminal Law

1. Classical Theory – Man is essentially a moral creature with an absolute

1. Positivist Theory – Man is subdued occasionally by a strange and

Construction of Penal Laws

1. Criminal Statutes are liberally construed in favor of the offender. This

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