Philippine Bar review · Question

Practice question: Prospectivity

Multiple Choice Easy Jurisprudence

Practice question

To what does Article 22 refer when it excludes a habitual criminal from its stated favorable-retroactivity rule?
  1. Anyone who has ever been accused of any offense.
  2. Anyone who has paid any traffic fine.
  3. The term as defined in Article 62(5), rather than an unlimited label for every prior accusation or conviction.
  4. Anyone disliked by the complainant.
  5. Every person serving imprisonment.

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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