Practice question
A qualified convict is serving a final sentence when RA10951 becomes effective. The applicable amendment reduces the penalty for the established offense and amount. The court refuses even to examine adjustment solely because the old conviction is immutable. Under In re Elbanbuena, which is best?
- Finality necessarily eliminates favorable penal legislation.
- The favorable amendment can warrant judicial adjustment of the final sentence; finality alone is not a sufficient bar.
- RA10951 automatically acquits every prisoner.
- The convict may unilaterally leave custody without any determination.
- The court must increase the sentence because the law is new.
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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