1. Decriminalization Vagrancy – Before Article 202 of RPC punishes vagrancy and prostitution. But Article 202 of RPC as amended merely penalizes prostitution. In sum, RA No. 10158 has decriminalized vagrancy by omitting portions of Article 202 involving crime vagrancy.
A reading of the Senate deliberation pertaining to the passage of law decriminalizing vagrancy shows that they considered vagrants as victims of poverty and that the law on vagrancy serves to oppress the very people that the government sought to protect.
In view of the new policy of the State decriminalizing vagrancy, which is embodied in RA No. 10158, ordinance, which punishes vagrancy, should be declared as contrary to law, and hence, invalid. Settled is the rule that what the national legislature expressly allows by law, a local legislature may not disallow by ordinance or resolution (Lina vs. Pana, G.R. No. 129093, August 30, 2001).
The spring cannot rise higher than its source. As aptly explained by Justice Nachura in his book, “An ordinance must not be contrary to the Constitution or law. Prohibited activities may not be legalized in the guise of regulation; activities allowed by law cannot be prohibited, only regulated.”
RA No. 10158 shall be given retroactive effect. Under Section 2 and 3 thereof, all pending cases for vagrancy shall be dismissed and all persons serving sentence for vagrancy shall be immediately released. Since Sections 2 and 3 of RA No. 10158 expressly provide a retroactive application to the law without distinction, whether the offender is a habitual delinquent or not.
Decriminalization Definition Premature marriage:
Under Article 351 of RPC, a woman in contracting marriage within 301 days from the death of husband, or dissolution or annulment of marriage is liable for the crime of premature marriage. However, RA No. 10655 Decriminalization premature marriage by repealing Article 351. Premature marriage was decriminalized.
since Article 351 Decriminalization against women because this provision is not applicable to men. Moreover, Article 351 sought to prevent a possible confusion as to whether the father of the child born after the dissolution of the marriage is the first husband or the second. This preventive measure is no anymore necessary since paternity and filiation could now be easily determined through modern technology.
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Repeal: Decriminalization Examples
Repeal of a penal law deprives the courts of jurisdiction to punish persons charged with a violation of the old penal law prior to its repeal (Sindiong and Pastor, 77 Phil. 1000; Binuya, 61 Phil. 208; the U.S. vs. Reyes, 10 Phil. 423; U.S. vs. Academia, 10 Phil. 431; Arizala vs. Court of Appeals, G.R. No. 43633, Sept 14, 1990; Almuete, et al., G.R. No. L-265, Feb 27,19 76).
The intention of the new law is to Decriminalization an act punishable by the old law. Thus, a person can’t be punished for subversion under RA 1700, which was repealed by RA 7637, even though he is a habitual delinquent.
New regulation – Repealing with the re-enactment of a penal law doesn’t deprive the courts of jurisdiction to punish persons charged with a violation of the old penal law prior to its repeal. Such repeal even without a saving clause wouldn’t destroy the criminal liability of the accused (U.S. vs. Cana, 12 Phil. 241).
The intention of the new law isn’t to Decriminalization an act punishable by old law but merely to provide new regulation. If the new law is favorable to the accused, who isn’t a habitual delinquent, it shall be given retroactive effect.