People vs.

Moran
00000
44 Phil 431

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.

RULING
Yes. 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.