Philippine Bar review · Question

Practice question: Ex Post Facto Laws and Bills of Attainder

Multiple Choice Medium Jurisprudence

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?
  1. Every new offense is necessarily ex post facto forever.
  2. The law can never apply to anyone who knew the old rule.
  3. A past lawful period automatically exempts future conduct permanently.
  4. The stated charge does not establish retrospective application merely because earlier similar conduct was lawful.
  5. 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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