Philippine Bar review · Question

Practice question: Prospectivity

Multiple Choice Hard Jurisprudence

Practice question

Trial in a criminal case had already begun when RA10951 took effect. Its adjustment is favorable, but a party says the court automatically lost jurisdiction and must discard the proceedings solely because of the Act. Which provisions must be distinguished?
  1. Section100 favorable effect and Section101 retention of jurisdiction in the stated pending cases
  2. Favorable retroactivity necessarily means universal loss of jurisdiction
  3. Every amendment requires acquittal
  4. Jurisdiction depends only on the prosecutor’s preference
  5. The transitory clause forbids all pending trials

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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