Practice question
Assume conduct was not a crime when done in 2024. A statute effective in 2025 first criminalizes it and expressly purports to punish the earlier conduct. The prosecution files in 2026 and argues that the express retroactivity clause and filing date resolve every objection. Which is correct?
- An express clause cannot overcome the constitutional bar on retrospective criminalization; later filing does not make the old act newly punishable.
- Express wording necessarily overrides the Constitution.
- The filing date automatically becomes the offense date.
- Article 22 authorizes every newly created offense to apply backward.
- The accused must prove a presidential pardon before raising prospectivity.
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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