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0 tracked cards Criminal Law

Identify the governing doctrine on the effects of repeal or amendment of penal statutes on criminal liability and penalties, including when the more lenient law may be applied retroactively. Facts: On February 2, 2023, Rina committed theft by taking PHP 4,500 from a store. Under the old Theft Law, the offense carried imprisonment from 1 year to 4 years. On August 15, 2023, the Theft Law was amended to reduce the penalty for simple theft to imprisonment from 6 months to 3 years. On September 20, 2023, Rina is charged and convicted under the amended law for the act committed on February 2, 2023. Which law applies to the offense and what is the proper sentence? Explain.

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The amendment cannot be used to reduce penalties retroactively in any case; the old law governs in all situations. Retroactive application of the more lenient law is limited to pending cases not yet finally adjudicated; since there is a conviction under the amended law, the old law governs. The amended law applies retroactively; the offense is punishable under the amended penalty range (6 months to 3 years). The amended law applies, but only if the offense was committed after the amendment’s effectivity; since the act occurred before, the old law governs.

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