Practice question
A later penal law reduces the punishment for a felony. An offender who is not a habitual criminal within the Article 22 limitation is serving a final sentence, and the amendment is favorable and otherwise applicable. Does the ex post facto ban require withholding its benefit solely because the conviction is final?
- Yes, favorable penal amendments are always forbidden retroactively
- Yes, finality automatically defeats Article 22
- No; Article 22 provides favorable retroactivity for eligible offenders even when a final sentence is being served
- No, because every new law automatically erases every conviction
- Yes, unless the victim personally approves
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution, Article III section 22: prohibition of ex post facto laws.
- https://lawphil.net/judjuris/juri1999/jan1999/gr_128096_1999.html — Lacson v. Executive Secretary, G.R. 128096, January 20, 1999, main decision: ex post facto categories and procedural jurisdiction distinguished from prohibited penal retroactivity.
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Articles21–22: prior penalty law and favorable retroactivity, subject to the habitual-criminal limitation.
Answer this question in flashcards to review your response and continue practicing.