CONSTITUTIONAL PROVISION LIMITING THE POWER OF CONGRESS TO ENACT PENAL LAWS

2012 Bar Exam Question and Suggested Answer on the Constitutional Provision Limiting the Power of Congress to Enact Penal Laws (Criminal Law)

QUESTION:

No. III. b. What are the constitutional provisions limiting the power of Congress to enact penal laws? (5%)

SUGGESTED ANSWER:

The constitutional provision limiting the power of Congress to enact penal laws are the following:

1. The law must not be an ex post facto law or it should not be given a retroactive effect.

2. The law must not be a bill of attainder, meaning it cannot provide punishment without  judicial proceedings.

3. The law must not impose cruel, unusual or degrading punishment.

No person shall be held to answer for a criminal offense without due process of law.

Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)