Philippine Bar review · Question

Practice question: Retroactive Effect of Penal Laws

Essay Hard

Practice question

A prosecutor treats one old conviction as sufficient to defeat Article 22. Explain the need to use the incorporated definition rather than a broad everyday meaning of habitual.

Legal references

  • Revised Penal Code, Articles 8, 10 and 22, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
  • RA 18, Section 1, amended Article 62(5) habitual-delinquent definition: https://lawphil.net/statutes/repacts/ra1946/ra_18_1946.html

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