Philippine Bar review · Question

Practice question: Duty of Courts When Act is Non-punishable or Penalty is Excessive

Multiple Choice Medium

Practice question

A judge reports a sentencing concern through DOJ. The convicted person says the report alone proves a pardon was granted. Which distinction is correct?
  1. Judicial recommendation is not itself an executive grant of clemency
  2. Every report is automatically a pardon
  3. DOJ forwarding automatically erases guilt
  4. The sentencing judge unilaterally exercises all executive powers
  5. Every excessive-penalty concern is an acquittal

Legal references

  • Revised Penal Code Articles4–5,8,16–22,59, specified provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles5,21–22.
  • People v Santos GR237982 October14,2020 MAIN, Article5 and constitutional qualification: https://lawphil.net/judjuris/juri2020/oct2020/gr_237982_2020.html

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