Practice question
An amendment only increases the applicable fine for an earlier act. The prosecution cites Section100’s favorable-retroactivity clause as its sole reason to apply the increase. Which is correct?
- The clause does not authorize an unfavorable retroactive increase
- Every amendment is favorable by title alone
- A later trial date makes the increase favorable
- The prosecution may redefine favorability at will
- Every prior act must receive the newest maximum
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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