Philippine Bar review · Question

Practice question: Ex Post Facto Law

Multiple Choice Hard

Practice question

A new statute retrospectively aggravates a previously completed offense by converting the same act into a more serious criminal classification. The State says the maximum sentence is unchanged, so ex post facto review is impossible. What category has it overlooked?
  1. Only numerical sentence changes can ever count
  2. Aggravating a crime or making it greater than when committed
  3. All reclassification is always permissible
  4. Only the prosecutor’s label governs
  5. No substantive protection exists if a fine remains the same

Legal references

  • Constitution Article III Section 22; Lacson v. Executive Secretary, GR128096, January20 1999, main decision, ex post facto categories: https://lawphil.net/consti/cons1987.html ; https://lawphil.net/judjuris/juri1999/jan1999/gr_128096_1999.html

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