Practice question
A new penal law applies solely to conduct committed after its lawful effectivity. A defendant is charged only for an act performed afterward but says the law is ex post facto because similar conduct had once been lawful. Which is the best response?
- Every new offense is necessarily ex post facto forever.
- The law can never apply to anyone who knew the old rule.
- A past lawful period automatically exempts future conduct permanently.
- The stated charge does not establish retrospective application merely because earlier similar conduct was lawful.
- All future laws require each defendant’s private consent.
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, main decision, ex post facto and attainder discussion: https://lawphil.net/judjuris/juri2024/apr2024/gr_241494_2024.html
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