Practice question
A statute calls a measure a civil adjustment but expressly imposes a punitive deprivation on a defined class solely for conduct that was lawful when completed. Assume its effect is penal rather than merely regulatory. May the court end the inquiry at the civil label?
- No; substance and retrospective penal effect control the ex post facto analysis
- Yes, the word civil conclusively defeats the prohibition
- Yes, all labels bind constitutional review
- Yes, lawfulness at the time never matters
- Yes, only imprisonment can be punishment
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
Answer this question in flashcards to review your response and continue practicing.