Practice question
The charged offense’s clear elements are proved beyond reasonable doubt. The accused invokes pro reo solely to demand punishment under an inapplicable provision with a lower penalty. Which is best?
- The accused’s preferred penalty controls
- Every conviction must use an unrelated lighter provision
- The court should apply the clear applicable law rather than manufacture ambiguity to change the offense
- Pro reo abolishes every penalty
- The prosecution may likewise invent a harsher offense
Legal references
- Spouses Dulay v.People, GR215132, September13,2021: https://lawphil.net/judjuris/juri2021/sep2021/gr_215132_2021.html
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