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Philippine Bar review · Question

Practice question: Prospectivity

Multiple Choice Medium Jurisprudence

Practice question

A sentenced person seeks an actually favorable RA10951 adjustment. The opponent argues Section100 is categorically restricted to those awaiting trial. Which is correct?
  1. The statute expressly includes a person serving sentence by final judgment
  2. Only future trials are included
  3. Finality always defeats the express clause
  4. The prosecution alone chooses whether the statute exists
  5. The statute has no retroactive provision

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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