CHAPTER ONE PENALTIES IN GENERAL Articles 21 – 26
CHAPTER ONE PENALTIES IN GENERAL Articles 21 – 26
CHAPTER ONE PENALTIES IN GENERAL Articles 21 – 26
Guarantees that no act of a citizen will be considered criminal f Deprives a person accused of a crime some lawful
unless the State has made it so by law and provided a penalty protection to which he has become entitled, such as the
Except: When the penalty is favorable to the criminal. protection of a former conviction or acquittal or a
proclamation of amnesty.
Art. 22. Retroactive effect of penal laws. — Penal Laws Bill of Attainder – a legislative act which inflicts punishment
shall have a retroactive effect insofar as they favor the without trial. Its essence is the substitution of a legislative for
persons guilty of a felony, who is not a habitual criminal, a judicial determination of guilt.
as this term is defined in Rule 5 of Article 62 of this Code,
Effect of change of Penal Law
although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving a With enactment of a penal law punishing the offense –
the same. the action is not dismissed. The penalty in the new law if
favorable to the accused.
General Rule: Criminal laws are given prospective effects
Exception: Give retroactive effect when favorable to the b Without enactment of a penal law punishing the
accused. Ex. Special law made the penalty less severe – but offense – the previous offense is obliterated and the action is
dismissed.
must refer to the same deed or omission penalized by the
former statute Art. 23. Effect of pardon by the offended party. — A
• New law may provide that its provisions not to be pardon of the offended party does not extinguish criminal
applied to cases already filed in court at the time of action except as provided in Article 344 of this Code; but
the approval of such law. civil liability with regard to the interest of the injured
• The favorable retroactive effect of a new law may party is extinguished by his express waiver.
find the defendant in one of the 3 situations
• Habitual criminal (person who within the pd of 10 • Even if injured party already pardoned the offender –
years from date of release or last conviction of the fiscal can still prosecute. Not even considered a
crimes of serious or less serious physical injuries, ground for dismissal of the information. Exception:
robbery, theft, estafa or falsification, he is found Art 344 – crimes of seduction, abduction, rape or acts
guilty of any said crimes a third time or oftener) is of lasciviousness – pardon must be expressed.
NOT entitled to the benefit of the provisions of the
new favorable law. Basis: crime is an offense against the State. Aggrieved party
• Civil liabilities not covered by Art 22 because rights only a witness.
of offended persons are not within the gift of
• Only Chief Executive can pardon the offenders
arbitrary disposal of the State.
• Can’t compromise criminal liability, only civil
• But new law increasing civil liability cannot be given
liability – but it still shall not extinguish the public
retroactive effect.
action for the imposition of the legal penalty.
• Retroactivity applicable also to special laws
• Offended party in the crimes of adultery and
• The right to punish offenses committed under an old
concubinage can’t institute criminal prosecution if he
penal law is not extinguished if the offenses are still
shall have consented or pardoned the offenders.
punished in the repealing penal law. However, if by
• Pardon in adultery and concubinage may be implied –
re-enactment of the provisions of the former law, the
continued inaction after learning of the offense. Must
repeal is by implication and there is a saving clause,
pardon both offenders.
criminal liability under the repealed law subsists.
• The pardon afforded the offenders must come
• No retroactive effect of penal laws as regards
BEFORE the institution of the criminal proceedings.
jurisdiction of the court. Jurisdiction of the court is
Complaint for any of the above-mentioned crimes in
determined by the law in force at the time of the
Art 344 will still be prosecuted by the court on the
institution of the action, not at the time of the
ground that the pardon (basis for the motion to
commission of the crime.
dismiss) was given after the filing of the complaint.
• Jurisdiction of courts in criminal cases is determined
• The only act that extinguishes the penal action, after
by the allegations of the complaint or information,
the institution of criminal action, is the marriage
and not by the findings the court may make after trial.
between the offender and the offended party
When a law is ex post facto
1. crime has been committed and the prosecution • Pardon under Art 344 is only a bar to criminal
begins prosecution. It DOES NOT extinguish criminal
2. sentence has been passed but service has not liability. It is not one of the causes that totally
begun extinguish criminal liability in Art 89.
3. sentence is being carried out. • Civil liability with regard to the interest of the injured
party is extinguished by his express waiver because
a Makes criminal an act done before the passage of the law personal injury may be repaired through indemnity
and which was innocent when done, and punishes such an act. anyway. State has no reason to insist on its payment.
• Waiver must be express.
b Aggravates the crime or makes it greater than it was
when committed.