Philippine Bar review · Question

Practice question: Retroactivity of Laws

Multiple Choice Hard

Practice question

A case is pending when an effective procedural amendment changes the evidentiary treatment of duplicates. The amendment does not alter the offense's elements or create a new substantive liability. No genuine authenticity issue, injustice, transition exclusion or other applicable obstacle is established. A party argues that using the amended procedure is necessarily forbidden retroactivity because the events occurred earlier. Which approach follows Lastimosa?
  1. Every evidentiary amendment is an ex post facto law
  2. Every duplicate must always be rejected
  3. The court should examine the procedural character and recognized exceptions; earlier events alone do not categorically prohibit application
  4. The court must automatically convict because the rule changed
  5. Private disagreement repeals the amendment

Legal references

  • Civil Code Articles3–5,7,1334 and1409–1410: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • People v. Lastimosa, GR265758, February3 2025, main decision: https://lawphil.net/judjuris/juri2025/feb2025/gr_265758_2025.html
  • Nedira v. NJ World, GR240005, December6 2022, main decision: https://lawphil.net/judjuris/juri2022/dec2022/gr_240005_2022.html
  • 1987 Constitution, ArticleIII Sections1 and10: https://lawphil.net/consti/cons1987.html

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