III PROSPECTIVE in that a penal law cannot make an act punishable in a manner

Iii prospective in that a penal law cannot make an

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III. PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Article 366 of the Revised Penal Code, Exceptions to the prospective application of criminal laws. 1. Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be given a retroactive effect. But this exception has no application: 1. Where the new law is expressly made inapplicable to pend- ing actions or existing causes ofaction. (Tavera vs. Valdez, 1 Phil. 463, 470-471) Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art. 22, RPC)
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crimes are punished under the laws in force at the time of their commission. e. Does prospectivity rule cover only laws enacted by legilsature No. The prospectivity rule applies also to penal circulars such as DO J Circular No. 12 issued on August 8, 1984 which declared that all checks including guarantee checks are covered by B.P. 22. This Circular cannot be applied retroactively because petitioners cannot be faulted for relying on the earlier official pronouncement of the DOJ Secretary that guarantee checks issued prior thereto are not covered by said Circular. The prospectivity rules also covers: 1. Penal circulars 2. administrative rulings and circulars 3. judicial decisions The principle of prospectivity of statutes, original or amendatory has been applied to administrative rulings and circulars, and to judicial decisions which although in themselves are not laws, are evidence of what the laws mean, this being the reason why under Article 8 of the NCC, judicial decisions applying or interpreting the laws or the Constitution shall form part of our legal system. (Co v. CA, G.R. No. 100776, October 28, 1993 f. What is the Court’s interpretation upon a written law. The interpretation placed upon a written law by a competent court has the force of law. When a doctrine enunciated by the Supreme Court is overruled and a different view adopted, the new doctrine should be applied prospectively and should not apply to parties who had relied on the old doctrine and acted on the faith thereof. This is especially true in the construction and application of criminal laws, where it is necessary that the punishability of an act be reasonably foreseen for the guidance of society, (id.) g. What is the principle of retroactivity of laws and what is the rationale behind it. Lex prospicit, non respicit, the law looks forward not backward. The rationale against retroactivity is that a law usually derides rights which may have already become vested or impairs the obligations of contract and hence, is unconstitutional. There is the improvised necessity to take account of the actual existence of a statute prior to its nullification as an operative fact negating acceptance of a "principle of absolute retroactive invalidity." Prior to such nullification, the statute must have been in force and had to be complied with. It will deprive the law of its quality of fairness and justice if there be no recognition of what had transpired prior to such adjudication.
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  • Spring '17
  • john doe

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