Practice question
When Dario performed an act, the governing penal law set a maximum prison term of two years. Before his trial, Congress increases the maximum to ten years and expressly commands application of the harsher punishment to acts completed before enactment. The prosecutor argues that the trial occurs under the new law and that Congress may choose any current penalty. Assume the original act was already criminal and no other issue is raised. Which answer is best?
- The later trial date permits any increased penalty
- The increase is valid because Dario had no right to commit a crime
- The retroactive increase violates the ex post facto prohibition
- The increase is valid if described as remedial legislation
- The prohibition concerns only acquitted persons
Legal references
- 1987 Constitution, Article III, Sections 1, 5 and 22; Article VI, Section 1: https://lawphil.net/consti/cons1987.html
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