Practice question
Does Article22 categorically exclude favorable retroactivity once the conviction is final and the convict is serving sentence?
- Yes; finality always overrides Article22.
- Yes; only persons never charged may benefit.
- Yes; service of sentence makes the later law irrelevant.
- Yes; every final conviction must keep its former penalty.
- No; its text expressly includes final sentences already being served.
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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