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0 tracked cards Criminal Law

On 2013-11-02, Mara commits extortion by threatening to expose a personal secret unless PHP 150,000 is paid. In 2020, a new statute increases the penalty for extortion. In 2022, Mara is charged for the 2013 offense. (a) State the doctrine of prospectivity and the favorability rule governing retroactive application of penal laws in the Philippines. (b) Apply the doctrine to the facts: should the 2020 statute apply to Mara's 2013 offense? Explain. (c) If the 2020 statute had instead decreased the penalty for the same offense, would retroactive application be allowed to Mara's 2013 offense? Explain.

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The doctrine of prospectivity requires criminal laws to operate prospectively; retroactive application is allowed only when the new law is more favorable to the accused, in which case it applies to offenses committed before its passage; if the new law increases the penalty, it cannot be applied retroactively. The favorability rule applies only to civil statutes, not criminal statutes. Retroactivity is determined by the date of conviction rather than the date the offense was committed. A law clarifying the elements of an offense may be retroactively applied even if it increases penalties.

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