Philippine Bar review · Question

Practice question: Nullum Crimen, Nulla Poena Sine Lege

Multiple Choice Hard

Practice question

In evaluating the historical 1969 charge addressed in Maceren under the old fisheries law, a prosecutor invokes later legislation expressly penalizing the activity to cure the earlier administrative rule’s lack of authority. Which is best?
  1. Later express criminalization does not establish that the earlier rule had the missing authority for that historical charge.
  2. Every later prohibition retroactively validates every earlier unauthorized rule.
  3. A later statute automatically changes what the old statute said.
  4. Maceren declared the activity lawful under every future law.
  5. The historical dates can never matter.

Legal references

  • People v. Maceren, G.R. No. L-32166, October 18, 1977, main decision, administrative rulemaking limits (historical old-Fisheries-Law prosecution): https://lawphil.net/judjuris/juri1977/oct1977/gr_32166_1977.html

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