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This article looks pretty simple, right? But is it really only about date?

Now, let’s see if it is really that easy.

Example

 In 1920, A killed B.

A was charged for murder.

Let’s say in 1920, the penalty for murder was banishment.

But, in 1932, when the Revised Penal Code was enacted, the penalty for murder is now Reclusion Perpetua.

In 1934, A was convicted for murder.

So, what is the penalty of A, banishment or Reclusion Perpetua?

 

Answer: Click here

The reason behind it is that no ex post facto law shall be enacted. (Article III, Sec. 22, Bill of Rights, 1987 Philippine Constitution)

 

Here’s the same example but this time with a little twist.

In 1920, A killed B. He was charged for murder.

In 1920, the penalty for murder was death penalty.

However, in 1932, the penalty for murder was changed to Reclusion Perpetua.

In 1934, A was convicted for murder.

What is the penalty for A, death penalty or Reclusion Perpetua?

Answer: Click here

While the general rule is no ex post facto law or there shall be no retroactive effect of its penalty. However, the exception is, a law can have retroactive effect if it is BENEFICIAL.

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