People vs Moran, 44 Phil 431
Criminal Case Digest:
Digested Cases
Facts: The accused violated the election code and was sentenced by the
lowercourt. He was asking for reconsideration and filed a special motion
alleging
that the crime complained of had prescribed under the
provision of section 71 of Act 3030, enacted by
the Legislature on March 9, 1922.
Issue: W/N penal laws provide for not only penalty but also
prescription.
Decision: Yes.
Decision: The court found the crime to have prescribed (in accordance
with the new law) and set aside the decision. The Election law contained in the Administrative Code and Act 3030 which amended and modified the former,
it is
evident that the provision declaring that offenses
resulting from the violations of said Act shall
prescribe one year after their commission must have retroactive effect, the same being favorable to the accused. An
exception- to
give them retroactive effect when favorable to
accused. The exception applies
to a law dealing with prescription of crime: Art 22 applies to a law
dealing with
prescription of an offense which is intimately connected with that of
the
penalty, for the length of time for prescription depends upon the
gravity of the
offense. Penal laws not only provide for penalties but also
prescriptions.
