Practice question
A convict is serving a final sentence when a later favorable penal amendment becomes effective. The person is within Article 22 and not a habitual criminal. Is finality alone a categorical bar to the provision’s retroactive benefit?
- Yes, Article 22 applies only before arraignment.
- Yes, every final sentence excludes all later favorable laws.
- Yes, unless the prosecutor personally agrees.
- Yes, because imprisonment eliminates the exception.
- No; Article 22 expressly contemplates a final sentence already being served.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 21–22 and 62(5).
- 1987 Constitution, Article III Sections 14 and 22: https://lawphil.net/consti/cons1987.html
- Peña v People, G.R. No. 261807, August 14, 2024, main resolution, favorable penal-law retroactivity: https://lawphil.net/judjuris/juri2024/aug2024/gr_261807_2024.html
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