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Total or Absolute, or Partial or Relative Repeal. - As To The Effect of
Total or Absolute, or Partial or Relative Repeal. - As To The Effect of
A repeal is absolute or total when the crime punished under the repealed
law has been decriminalized by the repeal. Because of the repeal, the act or
omission which used to be a crime is no longer a crime. An example is
Republic Act No. 7363, which decriminalized subversion.
(2) If a case is already decided and the accused is already serving
sentence by final judgment, if the convict is not a habitual delinquent, then
he will be entitled to a release unless there is a reservation clause in the
penal law that it will not apply to those serving sentence at the time of the
repeal. But if there is no reservation, those who are not habitual
delinquents even if they are already serving their sentence will receive the
benefit of the repealing law. They are entitled to release.
If they are not discharged from confinement, a petition for habeas corpus
should be filed to test the legality of their continued confinement in jail.
(2) If a case is already decided and the accused is already serving
sentence by final judgment, even if the repealing law is partial or relative,
the crime still remains to be a crime. Those who are not habitual
delinquents will benefit on the effect of that repeal, so that if the repeal is
more lenient to them, it will be the repealing law that will henceforth apply
to them.
Under Article 22, even if the offender is already convicted and serving
sentence, a law which is beneficial shall be applied to him unless he is a
habitual delinquent in accordance with Rule 5 of Article 62.
(2) If the repeal is express, the repeal of the repealing law will not
revive the first law, so the act or omission will no longer be penalized.