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Philippine Bar review · Question

Practice question: Retroactive Effect of Penal Laws

Multiple Choice Easy Jurisprudence

Practice question

What is Article22's general rule for a later penal law favorable to an offender who is not within its specified habitual-criminal exception?
  1. The law may never affect an earlier offense.
  2. It applies retroactively insofar as it favors the offender.
  3. It applies only if it increases imprisonment.
  4. It automatically cancels every civil obligation.
  5. It automatically declares the underlying act never occurred.

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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