Penal Provision for Corrections
A. PENALTIES
1. Penalties that maybe imposed (Article 21)
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
Note: Article 21 simply announces the policy of the State as regards punishing crimes.
This provision prohibits the government from punishing any person for any felony with any penalty which has not been prescribed by the law.
Article 21 - Is not a penal provision. It neither defines a crime nor provides a punishment for one. It has simply announced the policy of the government with reference to punishment of alleged criminal acts. It is a guaranty to the citizen of this country that no act of his, will be considered criminal until the government has made it so by law and has provided a penalty. It is a declaration that no person shall be subject to criminal prosecution for any act of his until after the State has defined the crime and has fixed a penalty therefor.
Reason for the provision.
An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it, because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given.
No penalty prescribed by law prior to its commission.
Example:
A was charged with “fraud or infringement of literary rights or property,” because A allegedly reproduced and sold fraudulent copies of another’s literary work. At that time, we had no copy right law. Can A be punished for such act? No, because there was no law at that time defining and penalizing the act. (U.S. vs. Yam Tung Way, 21 Phil. 67).
2. Retroactive effect of penal Laws (Article22)
Penal laws shall have a retroactive effect in so far as they favour the person guilty of a felony, who is not habitual criminals, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the
1. Penalties that maybe imposed (Article 21)
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
Note: Article 21 simply announces the policy of the State as regards punishing crimes.
This provision prohibits the government from punishing any person for any felony with any penalty which has not been prescribed by the law.
Article 21 - Is not a penal provision. It neither defines a crime nor provides a punishment for one. It has simply announced the policy of the government with reference to punishment of alleged criminal acts. It is a guaranty to the citizen of this country that no act of his, will be considered criminal until the government has made it so by law and has provided a penalty. It is a declaration that no person shall be subject to criminal prosecution for any act of his until after the State has defined the crime and has fixed a penalty therefor.
Reason for the provision.
An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it, because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given.
No penalty prescribed by law prior to its commission.
Example:
A was charged with “fraud or infringement of literary rights or property,” because A allegedly reproduced and sold fraudulent copies of another’s literary work. At that time, we had no copy right law. Can A be punished for such act? No, because there was no law at that time defining and penalizing the act. (U.S. vs. Yam Tung Way, 21 Phil. 67).
2. Retroactive effect of penal Laws (Article22)
Penal laws shall have a retroactive effect in so far as they favour the person guilty of a felony, who is not habitual criminals, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the