Practice question
An eligible offender seeks the benefit of a later law allowing community service instead of service in jail for the relevant arresto penalty. The law may apply favorably under Article 22. The offender argues that favorable retroactivity automatically removes the court’s discretion and every statutory condition. Which is correct in light of Peña?
- Retroactivity always guarantees the requested mode without a court order.
- Every favorable amendment automatically erases conviction.
- The offender may unilaterally choose any place and hours of service.
- Favorable application permits consideration under the law but preserves its statutory conditions and the court’s assigned discretion.
- The later law can never apply to an earlier offense.
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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