Benedicto vs.

Court of Appeals
Justice Quisumbing, ponente.
Facts:
Twenty five dollarsalting cases were filed against !rs. "melda
!arcos, !r. #oberto Benedicto and $ector #ivera from %&&% to %&&', in t(e
#egional Trial Court of !anila, for violation of )ection %* of Circular &+*
in relation to )ection ,- of #epublic Act .o. '+/, or t(e Central Ban0 Act.
T(e c(arges were allegedly for t(eir failure to submit reports of t(eir foreign
e1c(ange earning from abroad and2or t(eir failure to register wit( t(e
Foreign 31c(ange 4epartment of t(e Central Ban0 wit(in t(e mandated
period prescribed under Circular &+*, w(ic( also pro(ibits natural and
5uridical persons from maintaining foreign e1c(ange accounts abroad
wit(out prior aut(ori6ation from t(e Central Ban0. 7iolations of t(e Circular
were a criminal offense punis(able under )ection ,- of t(e Central ban0
Act. "ncidentally, on August '-, %&&', t(e Central Ban0 in an effort to
liberali6e t(e foreign e1c(nage transaction came out wit( Circular .o. %,/,
amending Circular %,%8, w(ic( deleted t(e re9uirement of prior approval for
foreign e1c(ange funded transaction e1penditure obtained from t(e ban0ing
system. Bot( Circulars (owever, contaned a saving clause, e1cluding from
t(e coverage, pending criminal actions involving violations of t(e said
Circulars. :etitioners t(en move to 9uas( all t(e information on t(e ground
t(at t(ey are being prosecuted of t(eir criminal liability wit( t(e repeal of
Circular &+*. T(eir !otions to Quas( were bot( denied by t(e #TC and t(e
Court of Appeals.
"ssue: ;(et(er or not t(e repeal of Circular &+* e1tinguis(ed t(e criminal
liability of t(e petitioners<
$eld: .o.
As a rule, absolute repeal of a penal law (as t(e effect of
depriving a court of its aut(ority to punis( a person c(arged wit( t(e
violation of t(e old law prior to its repeal. T(ere are (owever, e1ceptions to
t(e rule one of w(ic( is t(e inclusion of a saving clause in t(e repealing
statute, w(ic( provide t(at repeals (ave no effect on pending actions and t(e
ot(er is w(ere t(e repealing act reeancts t(e former statute and punis(es t(e
act previously penali6ed under t(e old law. "n suc( instance, t(e act
committed before t(e reeanactment continues to be an offense in t(e statute
boo0s and pensing cases and are not affected regardless of w(et(er t(e new
penalty to be imposed is more favorable to t(e accused.