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Philippine Bar review · Question

Practice question: Prospectivity

Multiple Choice Medium Jurisprudence

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?
  1. The clause does not authorize an unfavorable retroactive increase
  2. Every amendment is favorable by title alone
  3. A later trial date makes the increase favorable
  4. The prosecution may redefine favorability at will
  5. 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

Answer this question in flashcards to review your response and continue practicing.