Philippine Bar review · Question

Practice question: Multi-recidivism or Habitual Delinquency

Multiple Choice Hard

Practice question

All qualifying habitual-delinquency conditions are established. A prosecutor calculates the latest offense’s penalty and the Article62 additional penalty and proposes a combined duration above thirty years solely under that paragraph. Which is best?
  1. The paragraph has no combined limit
  2. Article62 expressly caps the combined two penalties under this provision at thirty years
  3. The additional penalty always cancels the principal one
  4. The judge may ignore every statutory maximum
  5. The cap applies only to newspaper summaries

Legal references

  • RA7659, Section23, Article62(5): https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html

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