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Decision based on a law repealed & appealed to SC
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TOPIC: Decision based on a law repealed & appealed to SC

Decision based on a law repealed & appealed to SC 7 months ago #964

  • r2ust
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Question of what will happen on an RTC-and-CA decided case when appealed to SC, and "the law" which was the basis of judgement of lower and appellate courts was repealed ... SC rules for the reverse of the decisions.

Rule: implement the present law.

Read Ramirez vs CA, G.R. No. L-23587-88 (June 10, 1976)

Re: Decision based on a law repealed & appealed to SC 2 months, 3 weeks ago #1281

  • elvis
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Different effects of repeal of penal law:

1) If repeal makes the penalty lighter in the new law, the new law shall be applied, except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action.

2) If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied.

3)If the new law totally repeals the existing law so that the act, which was penalized under the old law, is no longer punishable, the crime is obliterated.

People v. Tamayo, 61 Phil. 226, G.R. No. L-41423, March 19, 1935
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