Practice question
The facts are stipulated to fall under Article49(2), with a lower penalty for the actual felony and no paragraph3 or other exception. Counsel says the intended offense’s higher penalty must always apply merely because it was planned. What does paragraph2 provide?
- Use the prosecutor’s preferred label
- Use every intended penalty cumulatively
- Automatically acquit
- Use the actual felony’s penalty in its maximum period
- Ignore the actual felony entirely
Legal references
- Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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