Facts:
February 24, 1908; the
accused Antonio Parrone did maliciously, criminally and unlawfully alter and
falsify his personal cedulas by substituting
his own surname “Parrone” as it appeared on said cedulas that of
“Partacio,” the surname of one Antonio Partacio, and then delivering them to
said Partacio in payment of the sum of P2.20, which the latter had given said
accused.
At the time of commission, the
crime was punishable under Section 55 of Act No. 1189 which were amended by Act
No. 2126 of the Philippine Legislature on February 1, 1912. The offense
committed was nearly four years before the amendment to said law. It will be
noted that the penalty in the new law is more favourable to the defendant than
that provided for by the old.
Issue:
Considering the provisions of
Art. 7 of the Penal Code, are the provisions of Art. 22 of the same Code
applicable to the penal laws of the Philippine Islands other than the
provisions of the Penal Code?
Held:
Yes.
Ratio:
Art. 22 has no direct application to the provisions of the Penal
Code. Its application to the Penal Code can only be invoked where some former
or subsequent law is under consideration. It is not believed, therefore, that
the Legislature in enacting Art. 7 of the Penal Code intended to provide that
Art. 22 should not be applicable to special laws.
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