Practice question
Article160 is established and the relevant new-felony penalty is divisible. The accused invokes one ordinary mitigating circumstance as automatically cancelling the special aggravation and requiring the ordinary minimum. No privileged or other controlling rule changes the case. What does Alicia require?
- Imprisonment may never apply outside prison
- Automatic cancellation whenever one mitigating circumstance exists
- No sentence for the new felony
- Only a new civil fine
- The special maximum-period rule is not simply offset by ordinary mitigation
Legal references
- Revised Penal Code, Articles14(9)-(10),19-20 and160, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- People v. Alicia, GR L-38176, January22 1980, MAIN decision, special aggravating character of quasi-recidivism only: https://lawphil.net/judjuris/juri1980/jan1980/gr_38176_1980.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
- RA9346 Sections1-2, current prohibition on death and substitute penalties: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
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