Philippine Bar review · Question

Practice question: Ex Post Facto Law

Multiple Choice Medium

Practice question

An act committed in 2024 carried a maximum fine of PHP 1,000. A 2025 statute raises the maximum to PHP 5,000 and expressly applies the increase to that already completed act. The prosecution begins in 2026. Which is correct?
  1. The 2026 prosecution date makes the increased fine lawful for the 2024 act
  2. The retroactive increase presents the prohibited greater-punishment category
  3. Every accused must receive the newest and highest fine
  4. The fine increase is irrelevant because no imprisonment changed
  5. Only the date of arrest determines the applicable punishment

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.

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