Practice question
An offender is convicted of a third Section 11(a) offense. Counsel relies on the second-offense wording to claim that imprisonment and fine are always alternatives. Which is correct?
- Every tier uses exactly the second-offense alternative.
- The third-offense clause provides imprisonment and fine; the applicable tier must be read separately.
- The third-offense clause removes every penalty.
- The offender chooses any earlier tier.
- A third offense always becomes an unpunishable warning.
Legal references
- RA 11313, Sections 11-16, specifically online evidentiary safeguards, qualifications and offense-specific penalties: https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html
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