Practice question
A law passed in 2026 makes a previously innocent act criminal and directs prosecutors to convict people for doing it in 2025. It also applies prospectively to the same conduct after effectivity. A prosecutor argues that prospective coverage validates the retrospective clause. Which assessment is correct?
- Prospective coverage removes every retrospective defect.
- The retrospective punishment of conduct innocent when done presents an ex post facto violation; future coverage does not cure that defect.
- Every future application is necessarily invalid for the same reason.
- The prohibition applies only if the law names defendants individually.
- A legislature may erase the date on which the conduct occurred.
Legal references
- 1987 Constitution, Article III, section 22, https://lawphil.net/consti/cons1987.html
- Trillanes IV v. Medialdea, G.R. Nos. 241494, 256660 and 256078, April 3, 2024, ex post facto laws and bills of attainder discussion, https://lawphil.net/judjuris/juri2024/apr2024/gr_241494_2024.html
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