Philippine Bar review · Question

Practice question: Retroactive Effect of Penal Laws

Multiple Choice Medium Jurisprudence

Practice question

A later statute increases the punishment applicable to an earlier offense. The prosecutor invokes Article22 solely because it is the newest law. Is Article22 a basis for imposing that harsher punishment retrospectively?
  1. Yes; newest always means applicable.
  2. Yes; Article22 is designed to increase old penalties.
  3. Yes; the offender's objection is irrelevant.
  4. No; Article22 concerns retroactivity insofar as the law favors the offender.
  5. Yes; finality is the only relevant issue.

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930b.html — Revised Penal Code Article22, with Article62(5)'s specified habitual-criminal exception.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64381 — In re Elbanbuena, G.R.237721, July31 2018, main en banc decision on favorable RA10951 penalty adjustment.

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