Practice question
Does every new procedural law applied in a pending criminal case automatically violate the ex post facto prohibition?
- Yes, because all pending cases are frozen forever
- Yes, whenever an accused dislikes the change
- No; the court must examine its actual nature and whether it causes a constitutionally prohibited adverse change
- No, because every law labeled procedural is immune from review
- Yes, unless the prosecutor agrees
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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