Philippine Bar review · Question

Practice question: Ex Post Facto Laws and Bills of Attainder

Multiple Choice Hard Jurisprudence

Practice question

For a completed offense, the law at the time required a particular quantum and kind of proof. A later statute expressly applies backward and permits conviction on less evidence that would previously have been legally insufficient. Officials defend it solely as a procedural label. Which analysis follows Trillanes’s stated ex post facto categories?
  1. Every measure labeled procedural is immune from scrutiny.
  2. The adverse retrospective lowering of conviction-proof requirements falls within the identified concern; the label alone does not cure the effect.
  3. Less evidence is never relevant to criminal consequences.
  4. The law automatically becomes favorable to the accused because it is shorter.
  5. The Constitution forbids courts from examining the temporal effect.

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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