Enactment of Penal Laws- Only the legislative branch of the government can enact penal laws.
While the President may define and punish an act as a crime, such exercise of power is not
executive but legislative as he derives such power from the law‐ making body. It is in essence, an
exercise of legislative power by the Chief Executive.
Constitutional Limitations on the power to enact penal laws
No ex post facto law or bill of attainder shall be enacted. (Sec. 22, Art. llI, 1987
Constitution). An ex post facto law is one wherein if given a retroactive application will
be prejudicial to the accused.
A bill of attainder is a legislative act which inflicts punishments without trial. Its essence
is the substitution of a legislative act for a judicial determination of guilt.
Ex post facto law is one which:
(1) Makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act.
(2) Aggravates a crime, or makes it greater than it was, when committed;
(3) Changes the punishment and inflicts a greater punishment than the law annexed to
the crime when committed;
(4) Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
(5) Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(6) Deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty. (Reyes, The Revised Penal Code Citing In re: Kay Villegas Kami,
Inc.)
No person shall be held to answer for a criminal offense without due process of law.
(Sec. 14, [1], Art. III, 1987 Constitution)
No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws. (Sec. 1, Art. III, 1987
Constitution)
Due Process is a law which hears before it condemns, which proceeds upon
inquiry and render judgment only after trial. The essence of due process is the
sporting idea of fair play.
Equal Protection means that persons similarly situated must be treated alike
under the law. Congress cannot enact penal laws applicable only to people of
Sulu and not applicable to all people. In other words, penal laws shall be
applicable to all otherwise none at all.
Art III, Sec. 19, 1987 Const. Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion perpetua.
Death penalty is not yet abolished. What is being prohibited under Republic Act
9346 is its imposition.
Under Book 2 of the RPC, Felonies are being specified/ provided together with
their Penalties. Death is one of the penalties provided thereunder. Any violation
made by the accused and the penalty provided under Book 2 is Death shall be
reduced to Reclusion perpetua and any violation of Special Penal laws with
death as penalty shall also be reduced to Life Imprisonment.
Reclusion Perpetua has a ranged of 20 years 1 day to 40 years. This is indivisible
Life Imprisonment has no fixed duration but it is peg at 30 years at least.
Congress, when enacting penal laws, is given wide latitude and discretion as to
providing penalty thereof. This is a political question which is left to the sound
discretion and wisdom of the peoples’ representative and beyond the reach of
judicial scrutiny. Death as a penalty has been adjudged by the court a sound
political decision on imposition of penalty made by congress. The limitation
herein provided pertains to penalty that is cruel or degrading like the cutting of
hands for the felony of theft or the castration/ cutting of private part for the
penalty of rape.
ACTIVITIES/ ASSIGNMENT!
1. Mr. A did spit from a window of the tall building yesterday, today a law is enacted making the
act of spitting from the window of a tall building a crime. Mr. A is now being prosecuted based on his act
yesterday.
a. Is the law valid?
b. can we successfully prosecute Mr. A?
2. A law was enacted making the act of spitting from a tall window as a crime. Said law was kept
inside the drawer of the President and was not published. Mr. X is being prosecuted based on that law
but he argued that he cannot be prosecuted because he did not know of the existence of said law. The
government put up the defense of ignorance of the law excuses no one and pursue the case against Mr.
X.
a. Is the law valid?
b. Can Mr. X be successfully prosecuted based on the law?
3. The act of male individual urinating on the street is made criminal under Law 1. Is the law
valid?
