Philippine Bar review · Question

Practice question: Effects of Repeal or Amendment

Multiple Choice Medium Jurisprudence

Practice question

RA10951 changes a monetary threshold so that the proved offense carries a lower applicable penalty for a particular accused. The conviction is already final and the person is serving sentence. Which is best under its express retroactivity clause?
  1. Finality automatically excludes every benefit
  2. The Act applies only if the penalty increases
  3. The new law necessarily abolishes the offense
  4. The favorable amendment is not excluded merely because the person is serving a final sentence
  5. The jailer may choose any unrelated penalty

Legal references

  • RA10951, Section100: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/78880

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