Practice question
An offender committed a felony before an amendment. The later law validly lowers the applicable penalty and applies favorably; the offender is not within Article22's habitual-criminal exception. The case is still pending. May the favorable law govern the penalty?
- No; only the old penalty may ever apply.
- No; pendency prevents favorable treatment.
- Yes; Article22 permits the favorable retroactive application.
- Yes; because all amendments are automatically favorable.
- No; only the prosecutor can repeal a penalty.
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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