Retroactive Effect of Penal Law
1. US vs. Parrone, 24 Phil 29
Facts:
Parrone was found guilty of the falsification
of cedula and sentenced him to be imprisoned for a period of three years and to
pay a fine of P200, and in case of insolvency to suffer subsidiary
imprisonment, in accordance with the provisions of section 55 of Act No. 1189.
The crime was committed by
Parrone was amended by (Act No. 2126), which give the accused favorable
conditions.
Issue:
Whether or
not, Act. 2126 should be given retroactive effect in so far as they favor the
accused?
Held:
Yes.
Ratio:
The provisions of article 22 of
the Penal Code, however, penal laws shall have a retroactive effect in so far
as they favor the person guilty of a felony or misdemeanor, even though at the
time of the promulgation of such laws a final sentence has been pronounced and
the convict is serving same.
Student: G-one T. Paisones
Professor: Atty. Cisco Franz S. Maclang
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