Practice question
A pending case is opened to broader factual review under a valid new procedural rule. The prosecutor equates this with retroactively creating a new offense, although neither crime elements nor penalty change. Which distinction matters?
- Any factual review creates a new offense
- The mode and scope of review differ from substantive crime definition
- Every procedural amendment increases punishment
- Court review and penal legislation are identical
- A new appeal form necessarily invalidates all convictions
Legal references
- Cabarios v. People, GR228097-103 and228139-41, September29,2021, application of2018 Sandiganbayan rules: https://lawphil.net/judjuris/juri2021/sep2021/gr_228097-103_2021.html
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