Practice question
Explain how Article 22’s favorable-retroactivity rule differs from the ex post facto prohibition. Assume the offender is eligible under the Code’s habitual-criminal limitation and the later law is genuinely favorable.
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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