Philippine Bar review · Question

Practice question: Prospectivity

Multiple Choice Easy Jurisprudence

Practice question

What favorable-law exception does Article 22 recognize?
  1. Every later law automatically applies regardless of effect.
  2. A favorable penal law may operate retroactively for a person within the provision, subject to its habitual-criminal qualification.
  3. Every harsher punishment applies retrospectively.
  4. Only an employer may request retroactivity.
  5. All prior judgments automatically disappear.

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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