Practice question
A case is properly governed by Article49. The committed felony has a lower penalty, but the same established acts constitute a frustrated offense with a higher applicable penalty. No other rule changes the stated application. Which penalty-period combination does paragraph3 prescribe?
- The higher frustrated-offense penalty in its maximum period
- The lower actual-felony penalty automatically in minimum
- The higher penalty automatically in minimum
- A penalty invented by analogy
- No penalty because the plan failed in part
Legal references
- Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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