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Provisos, Exceptions, and Saving Clauses
Provisos, Exceptions, and Saving Clauses
Provisos, Exceptions and Saving Clauses have the same effect. They qualify the
effects of laws.
The general rule is that the office of a proviso is to qualify or modify only the
phrase immediately preceding it or restrain or limit the generality of the clause that
it immediately follows. Thus, it has been held that a proviso is to be construed with
reference to the immediately preceding part of the provision to which it is attached,
and not to the statute itself or to other sections thereof. The only exception to this
rule is where the clear legislative intent is to restrain or qualify not only the phrase
immediately preceding it (the proviso) but also earlier provisions of the statute or
even the statute itself as a whole.
On the second issue, petitioners contend that they are being prosecuted for acts
punishable under laws that have already been repealed.
Petitioners, however, insist that the repeal of Republic Act No. 265, particularly
Section 34,[29] by Republic Act No. 7653, removed the applicability of any penal
sanction for violations of any non-trade foreign exchange transactions previously
penalized... by Circular No. 960.
Petitioners, however, point out that Section 36 of Republic Act No. 7653, in
reenacting Section 34 of the old Central Act, increased the penalty for violations of
rules and regulations issued by the Monetary Board. They claim that such increase
in the penalty would give Republic
Act No. 7653 an ex post facto application, violating the Bill of Rights.[
On the third issue, petitioners ask us to note that the dollar interest earnings
subject of the criminal cases instituted against them were remitted to foreign banks
on various dates between 1983 to 1987.
The fourth issue involves petitioners' claim that they incurred no criminal liability for
violations of Circular No. 960 since they were exempted from its coverage.
Philippine courts cannot take judicial notice of foreign laws.[53] Laws of foreign
jurisdictions must be alleged and proved.
Anent the fifth issue, petitioners insist that the government granted them absolute
immunity under the Compromise Agreement they entered into with the government
on November 3, 1990.
Ruling:
As a rule, an absolute repeal of a penal law has the effect of depriving a court of its
authority to punish a person charged with violation of the old law prior to its repeal.
Penal laws cannot be given retroactive effect, except when they are favorable to
the accused.[39] Nowhere in Republic Act No. 7653, and in... particular Section 36,
is there any indication that the increased penalties provided therein were intended
to operate retroactively. There is, therefore, no ex post facto law in this case.
The offenses for which petitioners are charged are penalized by Section 34 of
Republic Act No. 265 "by a fine of not more than Twenty Thousand Pesos
(P20,000.00) and by imprisonment of not more than five years."
During the pendency of this petition, counsel for petitioner Roberto S. Benedicto
gave formal notice to the Court that said petitioner died on May 15, 2000. The
death of an accused prior to final judgment terminates his criminal liability as well
as the... civil liability based solely thereon.
Principles:
A comparison of the old Central Bank Act and the new Bangko Sentral's charter
repealing the former show that in consonance with the general objective of the old
law and the new law "to maintain internal and external monetary stability in the
Philippines and preserve the... international value of the peso
In construing contracts, it is important to ascertain the intent of the parties by
looking at the words employed to project their intention.