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Practice question: Prospectivity

Multiple Choice Medium Jurisprudence

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?
  1. Yes, trial date always controls punishment.
  2. Yes, every amendment is favorable.
  3. Yes, the prosecutor may choose the harsher version.
  4. No; the later aggravating penalty cannot be imposed retrospectively on that basis.
  5. 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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