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    03 - G.R. No. 41423, March 19, 1935 - Poeple Vs Tamayo

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    Miller
    The appellant was convicted in a lower court of violating a municipal ordinance, but appealed the conviction. While the appeal was pending, the municipal council repealed the specific section of the ordinance that the appellant had allegedly violated. The Supreme Court ruled that because the conduct in question was no longer deemed criminal due to the repeal, the proceedings against the appellant must be dismissed as one cannot be prosecuted for acts that are no longer illegal. The Court ordered the case dismissed.

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    03 - G.R. No. 41423, March 19, 1935 - Poeple Vs Tamayo

    Uploaded by

    Miller
    62 views2 pages
    The appellant was convicted in a lower court of violating a municipal ordinance, but appealed the conviction. While the appeal was pending, the municipal council repealed the specific section of the ordinance that the appellant had allegedly violated. The Supreme Court ruled that because the conduct in question was no longer deemed criminal due to the repeal, the proceedings against the appellant must be dismissed as one cannot be prosecuted for acts that are no longer illegal. The Court ordered the case dismissed.

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    People vs Tamayo

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    03_G.R. No. 41423, March 19, 1935_Poeple vs Tamayo

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    The appellant was convicted in a lower court of violating a municipal ordinance, but appealed the conviction. While the appeal was pending, the municipal council repealed the specific section of the ordinance that the appellant had allegedly violated. The Supreme Court ruled that because the conduct in question was no longer deemed criminal due to the repeal, the proceedings against the appellant must be dismissed as one cannot be prosecuted for acts that are no longer illegal. The Court ordered the case dismissed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    62 views2 pages

    03 - G.R. No. 41423, March 19, 1935 - Poeple Vs Tamayo

    Uploaded by

    Miller
    The appellant was convicted in a lower court of violating a municipal ordinance, but appealed the conviction. While the appeal was pending, the municipal council repealed the specific section of the ordinance that the appellant had allegedly violated. The Supreme Court ruled that because the conduct in question was no longer deemed criminal due to the repeal, the proceedings against the appellant must be dismissed as one cannot be prosecuted for acts that are no longer illegal. The Court ordered the case dismissed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    16/10/2019 [ G.R. No.

    41423, March 19, 1935 ]

    61 Phil. 225

    [ G.R. No. 41423, March 19, 1935 ]

    THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE,


    VS. CRISANTO TAMAYO, DEFENDANT AND APPELLANT.

    DECISION

    HULL, J.:

    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, of said municipality.
    Upon appeal to the Court of First Instance of Ilocos Sur conviction resulted and a fine was
    imposed. From that decision this appeal was brought.

    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.

    In the leading cases of the United States vs. Cuna (12 Phil., 241), and Wing vs. United
    States (218 U. S., 272), the doctrine was clearly established that in the Philippines repeal of
    a criminal Act by its reenactment, even without a saving clause, would not destroy criminal
    liability. But not a single sentence in either decision indicates that there was any desire to
    hold that a person could be prosecuted, convicted, and punished for acts no longer criminal.

    There is no question that at common law and in America a much more favorable attitude
    towards the accused exists relative to statutes that have been repealed than has been
    adopted here. Our rule is more in conformity with the Spanish doctrine, but even in Spain,
    where the offense ceases to be criminal, prosecution cannot be had. (1 Pacheco
    Commentaries, ?96.)

    The repeal here was absolute, and not a reenactment and repeal by implication. Nor was
    there any saving clause. The legislative intent as shown by the action of the municipal
    council is that such conduct, formerly denounced, is no longer deemed criminal, and it would
    be illogical for this court to attempt to sentence appellant for an offense that no longer
    exists.

    We are therefore of the opinion that the proceedings1 against appellant must be dismissed.
    So ordered. Costs de oficio.

    Avanceña, C.J., Malcolm, Villa-Real, Abad Santos, Vickers, Imperial, Butte, Goddard, and
    Diaz, JJ., concur.

    elibrary.judiciary.gov.ph/dtSearch/dtisapi6.dll?cmd=getdoc&DocId=5831&Index=%2ad0e0e936b466a758b3cf27764c7bfcb1&HitCount=2&hits=4+e+&… 1/2
    16/10/2019 [ G.R. No. 41423, March 19, 1935 ]

    Case dismissed.

    Source: Supreme Court E-Library | Date created: July 21, 2014


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