G.R. No.

L-41423 March 19, 1935

THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs.
CRISANTO TAMAYO, defendant-appellant

Facts:
Appellant was convicted in the justice of the peace court of Magsingal, Province of Ilocos Sur, of
a violation of section 2, municipal ordinance No. 5, series of 1932. While this appeal was pending,
the municipal council repealed section 2 in question, which repeal was duly approved by the
provincial board, and the act complained of, instead of being a violation of the municipal
ordinances, is now legal in that municipality. Appellant has moved for a dismissal of the action
against him on account of that repeal.

Issue:
Whether or not Tamayo be acquitted on the grounds that the previous charge he was convicted
with was repealed and therefore could no longer be a violation.

Ruling:
Yes, because when the repeal is absolute, the offense ceases to be criminal.

Ratio Decidendi:
• It is a characteristic of a criminal law to be prospective, where no felony shall be punishable
by any penalty not prescribed by law prior to its commission.
• As to the third effect of repeal on penal law, 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.