CRIMINAL LAW

1
U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
1. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is
to make it an ex post facto law
2. No person shall be held to answer for a criminal offense without due process of
law (Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may
not be waived
U Characteristics of Criminal law:
1. General 2
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by
the military character of the accused
! Civil courts have concurrent jurisdiction with general courts martial
over soldiers of the AFP
! RPC or other penal law is not applicable when the military court
takes cognizance of the case

! The prosecution of an accused before a court-

martial is a bar to another prosecution of the
accused for the same offense
! Offenders accused of war crimes are triable 3
by military commission
! Exceptions to the general application of
criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA
75 (diplomatic representatives and
their domestic servants)
E Principles of public international law
(Article 14 of NCC)
 w Sovereign and other chiefs of
4
state
w Ambassadors, ministers
plenipotentiary, ministers
resident, and charges d’ affaires
2. Territorial
! Extent of Philippine territory for purposes of
criminal law
! Exceptions to the territorial application of
criminal law
3. Prospective
5
! Exceptions to the prospective application of
criminal laws:
E Where the new law is expressly made
inapplicable to pending actions or
existing causes of action
E Where the offender is a habitual
criminal under Rule 5, Article 62
! Different effects of repeal of penal law
 Repeal makes the penalty lighter in the new law; if the new law imposes a heavier
E
penalty; if the new law totally repeals the existing law so that the act which was 6
penalized under the old law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the offender can be
tried under the old law
E When the repealing law fails to penalize the offense under the old law, the accused
cannot be convicted under the new law
E A person erroneously accused and convicted
under a repealed statute may be punished
under the repealing statute
E A new law which omits anything contained in
the old law dealing on the same subject,
operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws
 7
CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
3. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is
to make it an ex post facto law
4. No person shall be held to answer for a criminal offense without due process of
law (Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
 ! Rights of the accused which may be waived and rights which may not
be waived 8
U Characteristics of Criminal law:
4. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the
civil courts is not affected by the
military character of the accused
! Civil courts have concurrent 9
jurisdiction with general courts martial
over soldiers of the AFP
! RPC or other penal law is not applicable
when the military court takes
cognizance of the case
! The prosecution of an accused before a
court-martial is a bar to another
 prosecution of the accused for the same 10
offense
! Offenders accused of war crimes are
triable by military commission
! Exceptions to the general application of
criminal law
E Treaties – Base Agreement
 E Laws of preferential application – RA
11
75 (diplomatic representatives and
their domestic servants)
E Principles of public international law
(Article 14 of NCC)
w Sovereign and other chiefs of
state
w Ambassadors, ministers
plenipotentiary, ministers
resident, and charges d’ affaires
5. Territorial
 ! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law 12
6. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable to pending
actions or existing causes of action
E Where the offender is a habitual criminal under Rule 5,
Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new law
imposes a heavier penalty; if the new law totally repeals the
existing law so that the act which was penalized under the old
law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the
offender can be tried under the old law
 E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law 13
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation 14
5. No ex post facto law or bill of attainder shall be
enacted (Article III, Section 22)
! To give a law retroactive application to the
prejudice of the accused is to make it an ex post
facto law
6. No person shall be held to answer for a criminal offense
without due process of law (Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and
rights which may not be waived
U Characteristics of Criminal law:
7. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil
courts is not affected by the military character 15
of the accused
! Civil courts have concurrent jurisdiction with general courts martial over
soldiers of the AFP
! RPC or other penal law is not applicable when the military court takes
cognizance of the case
! The prosecution of an accused before a court-martial is a bar to another
prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants)
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
 w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires 16
8. Territorial
! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law
9. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable
to pending actions or existing causes of action
E Where the offender is a habitual criminal under
Rule 5, Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if
the new law imposes a heavier penalty; if the new
law totally repeals the existing law so that the act
 which was penalized under the old law is no longer
punishable 17
E When the repeal is absolute the offense ceases to
be criminal
E When the new law and the old law penalize the
same offense, the offender can be tried under the
old law
E When the repealing law fails to penalize the offense under
the old law, the accused cannot be convicted under the
new law
E A person erroneously accused and convicted under a
repealed statute may be punished under the repealing
statute
E A new law which omits anything contained in the old law
dealing on the same subject, operates as a repeal of
anything not so included in the amendatory act
U Construction of penal laws
18

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
7. No ex post facto law or bill of attainder shall be enacted (Article III, Section
22)
! To give a law retroactive application to the prejudice of the accused
is to make it an ex post facto law
 8. No person shall be held to answer for a criminal offense without due process
of law (Article III Section 14) 19
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may
not be waived
U Characteristics of Criminal law:
10. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by
the military character of the accused
! Civil courts have concurrent jurisdiction with general courts martial
over soldiers of the AFP
! RPC or other penal law is not applicable when the military court
takes cognizance of the case
 ! The prosecution of an accused before a court-martial is a bar to
another prosecution of the accused for the same offense 20
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants)
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires
11. Territorial
! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law
12. Prospective
! Exceptions to the prospective application of criminal laws:
 E Where the new law is expressly made inapplicable to pending
actions or existing causes of action 21
E Where the offender is a habitual criminal under Rule 5,
Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new
law imposes a heavier penalty; if the new law totally repeals
the existing law so that the act which was penalized under the
old law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense,
the offender can be tried under the old law
E When the repealing law fails to penalize the offense under the
old law, the accused cannot be convicted under the new law
E A person erroneously accused and convicted under a
repealed statute may be punished under the repealing statute
 E A new law which omits anything contained in the old law dealing on the
same subject, operates as a repeal of anything not so included in the 22
amendatory act
U Construction of penal laws

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
9. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
 ! To give a law retroactive application to the prejudice of the accused
is to make it an ex post facto law 23
10. No person shall be held to answer for a criminal offense without due process
of law (Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may
not be waived
U Characteristics of Criminal law:
13. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by
the military character of the accused
! Civil courts have concurrent jurisdiction with general courts martial
over soldiers of the AFP
 ! RPC or other penal law is not applicable when the military court takes
cognizance of the case 24
! The prosecution of an accused before a court-martial is a bar to
another prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants)
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires
14. Territorial
! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law
15. Prospective
! Exceptions to the prospective application of criminal laws: 25
E Where the new law is expressly made inapplicable to pending
actions or existing causes of action
E Where the offender is a habitual criminal under Rule 5,
Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new
law imposes a heavier penalty; if the new law totally repeals
the existing law so that the act which was penalized under the
old law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense,
the offender can be tried under the old law
E When the repealing law fails to penalize the offense under the
old law, the accused cannot be convicted under the new law
 E A person erroneously accused and convicted under a
repealed statute may be punished under the repealing statute 26
E A new law which omits anything contained in the old law
dealing on the same subject, operates as a repeal of anything
not so included in the amendatory act
U Construction of penal laws

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
 11. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is to 27
make it an ex post facto law
12. No person shall be held to answer for a criminal offense without due process of law
(Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may not be
waived
U Characteristics of Criminal law:
16. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by the
military character of the accused
! Civil courts have concurrent jurisdiction with general
courts martial over soldiers of the AFP 28
! RPC or other penal law is not applicable when the military
court takes cognizance of the case
! The prosecution of an accused before a court-martial is a
bar to another prosecution of the accused for the same
offense
! Offenders accused of war crimes are triable by military
commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75
(diplomatic representatives and their domestic
servants)
 E Principles of public international law (Article 14 of
NCC) 29
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary,
ministers resident, and charges d’ affaires
17. Territorial
! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law
18. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable to pending actions or
existing causes of action
E Where the offender is a habitual criminal under Rule 5, Article 62
! Different effects of repeal of penal law
 E Repeal makes the penalty lighter in the new law; if the new law imposes
a heavier penalty; if the new law totally repeals the existing law so that 30
the act which was penalized under the old law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the
offender can be tried under the old law
E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws
 CRIMINAL LAW
31
U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
13. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is to
make it an ex post facto law
14. No person shall be held to answer for a criminal offense without due process of law
(Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may not
be waived
U Characteristics of Criminal law:
19. General 32
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by
the military character of the accused
! Civil courts have concurrent jurisdiction with general courts martial
over soldiers of the AFP
! RPC or other penal law is not applicable when the military court takes
cognizance of the case
! The prosecution of an accused before a court-martial is a bar to
another prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
 E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants) 33
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires
20. Territorial
! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law
21. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable to
pending actions or existing causes of action
E Where the offender is a habitual criminal under Rule 5, Article 62
! Different effects of repeal of penal law
 E Repeal makes the penalty lighter in the new law; if the new law
imposes a heavier penalty; if the new law totally repeals the 34
existing law so that the act which was penalized under the old
law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the
offender can be tried under the old law
E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws
 35
CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation
15. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is to
make it an ex post facto law
16. No person shall be held to answer for a criminal offense without due process of law
(Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
 ! Rights of the accused which may be waived and rights which may not
be waived 36
U Characteristics of Criminal law:
22. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by
the military character of the accused
! Civil courts have concurrent jurisdiction with general courts martial
over soldiers of the AFP
! RPC or other penal law is not applicable when the military court takes cognizance
of the case
! The prosecution of an accused before a court-martial is a bar to another
prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
 E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic representatives and 37
their domestic servants)
E Principles of public international law
(Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers
plenipotentiary, ministers resident,
and charges d’ affaires
23. Territorial
! Extent of Philippine territory for purposes of
criminal law
! Exceptions to the territorial application of
criminal law
24. Prospective
! Exceptions to the prospective application of
criminal laws: 38
E Where the new law is expressly made
inapplicable to pending actions or existing
causes of action
E Where the offender is a habitual criminal
under Rule 5, Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new
law imposes a heavier penalty; if the new law totally
repeals the existing law so that the act which was penalized
under the old law is no longer punishable
E When the repeal is absolute the offense ceases to be
criminal
E When the new law and the old law penalize the same
offense, the offender can be tried under the old law
 E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law 39
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation 40
17. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is
to make it an ex post facto law
18. No person shall be held to answer for a criminal offense without due process of
law (Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may not
be waived
U Characteristics of Criminal law:
25. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by the military
character of the accused
 ! Civil courts have concurrent jurisdiction with general courts martial over soldiers of
the AFP 41
! RPC or other penal law is not applicable when the military court takes cognizance
of the case
! The prosecution of an accused before a court-martial is a bar to another
prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants)
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires
26. Territorial
 ! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law 42
27. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable to pending
actions or existing causes of action
E Where the offender is a habitual criminal under Rule 5, Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new law
imposes a heavier penalty; if the new law totally repeals the
existing law so that the act which was penalized under the old
law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the
offender can be tried under the old law
 E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law 43
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation 44
19. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is to
make it an ex post facto law
20. No person shall be held to answer for a criminal offense without due process of law
(Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may not be
waived
U Characteristics of Criminal law:
28. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by the
military character of the accused
 ! Civil courts have concurrent jurisdiction with general courts martial over
soldiers of the AFP 45
! RPC or other penal law is not applicable when the military court takes
cognizance of the case
! The prosecution of an accused before a court-martial is a bar to another
prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants)
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires
29. Territorial
 ! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law 46
30. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable to pending
actions or existing causes of action
E Where the offender is a habitual criminal under Rule 5, Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new law
imposes a heavier penalty; if the new law totally repeals the
existing law so that the act which was penalized under the old
law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the
offender can be tried under the old law
 E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law 47
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws

CRIMINAL LAW

U Crime defined
U Sources of Philippine Criminal law
U No common law crimes in the Philippines
U Power to define and punish crimes
U Limitations on the power of the lawmaking body to enact penal legislation 48
21. No ex post facto law or bill of attainder shall be enacted (Article III, Section 22)
! To give a law retroactive application to the prejudice of the accused is to
make it an ex post facto law
22. No person shall be held to answer for a criminal offense without due process of law
(Article III Section 14)
! Constitutional rights of the accused
! Statutory rights of the accused
! Rights of the accused which may be waived and rights which may not be
waived
U Characteristics of Criminal law:
31. General
! Article 14 of the New Civil Code
! As a general rule, the jurisdiction of the civil courts is not affected by the
military character of the accused
 ! Civil courts have concurrent jurisdiction with general courts martial over
soldiers of the AFP 49
! RPC or other penal law is not applicable when the military court takes
cognizance of the case
! The prosecution of an accused before a court-martial is a bar to another
prosecution of the accused for the same offense
! Offenders accused of war crimes are triable by military commission
! Exceptions to the general application of criminal law
E Treaties – Base Agreement
E Laws of preferential application – RA 75 (diplomatic
representatives and their domestic servants)
E Principles of public international law (Article 14 of NCC)
w Sovereign and other chiefs of state
w Ambassadors, ministers plenipotentiary, ministers
resident, and charges d’ affaires
32. Territorial
 ! Extent of Philippine territory for purposes of criminal law
! Exceptions to the territorial application of criminal law 50
33. Prospective
! Exceptions to the prospective application of criminal laws:
E Where the new law is expressly made inapplicable to pending
actions or existing causes of action
E Where the offender is a habitual criminal under Rule 5, Article 62
! Different effects of repeal of penal law
E Repeal makes the penalty lighter in the new law; if the new law
imposes a heavier penalty; if the new law totally repeals the
existing law so that the act which was penalized under the old
law is no longer punishable
E When the repeal is absolute the offense ceases to be criminal
E When the new law and the old law penalize the same offense, the
offender can be tried under the old law
 E When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law 51
E A person erroneously accused and convicted under a repealed
statute may be punished under the repealing statute
E A new law which omits anything contained in the old law dealing
on the same subject, operates as a repeal of anything not so
included in the amendatory act
U Construction of penal laws