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All Jurisprudence based

0 tracked cards Criminal Law

On March 12, 2022, a public officer malversed PHP 400,000 in public funds by falsifying vouchers. Under the old Malversation of Public Funds law, the penalty ranged from imprisonment of 6 to 10 years. On August 1, 2022, the Malversation law was amended to reduce the penalty to imprisonment from 2 to 4 years. On September 20, 2022, the officer is charged and convicted under the amended law for the act committed on March 12, 2022. Which law applies to the offense and what is the proper sentence? Explain.

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The amended law applies; the penalty range is imprisonment from 2 to 4 years. The amended law applies; the sentence must be set within the amended range by the trial court, regardless of the date of offense. The amended law applies; the case must be dismissed for ex post facto reasons. The old law applies; the sentence must be the maximum of 10 years.

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