Practice question
A hypothetical later penal law reduces a stipulated applicable punishment for an eligible earlier offender. The state concedes Article22’s conditions but argues that only the prosecution filing date can determine the punishment, ignoring the earlier act and favorable amendment. Which is correct?
- The commission date and legally applicable favorable-retroactivity rule must be considered; filing date alone does not settle the penalty
- Filing date always makes every law retroactive
- Only the newest harshest rule can apply
- The prosecutor may disregard Article22 by timing the complaint
- A favorable amendment automatically proves innocence
Legal references
- Revised Penal Code Articles2,21–22, specified provisions: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426 Articles21–22.
- RA10951 Sections100–101, favorable retroactivity and pending-case jurisdiction: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html
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