Practice question
A restrictive judicial construction is announced after the accused's conduct but before trial. The accused proves the precise pre-change reliance circumstances covered by Jabinal. The prosecutor says the trial date alone makes the new rule retrospectively decisive. Which is best?
- The timing of the conduct and protected reliance cannot be replaced by focusing solely on the later trial date.
- The trial date automatically erases every earlier reliance issue.
- Any pending trial permits courts to invent crimes.
- The defendant may rely on any unrelated decision instead.
- No court may examine the chronology.
Legal references
- Civil Code Articles8,13-16: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- People v. Jabinal, G.R.L-30061, February27,1974, MAIN: https://lawphil.net/judjuris/juri1974/feb1974/gr_l_30061_1974.html
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