Practice question
A person commits an offense when its prescribed maximum punishment is lower. A later law only increases that punishment. May the later increase be imposed on the earlier act solely because trial occurs after the amendment?
- Yes, trial date always controls punishment.
- Yes, every amendment is favorable.
- Yes, the prosecutor may choose the harsher version.
- No; the later aggravating penalty cannot be imposed retrospectively on that basis.
- No, because the earlier act automatically becomes lawful.
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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