Practice question
The legal penalty for a prior offense is greater, but an individualized reduction produced a shorter actual term. All other reiterated-offending conditions are stipulated. May the statutory comparison simply be replaced by that shorter term?
- A favorable past circumstance erases the prior offense
- Yes, every individual reduction rewrites the legal penalty
- Only the exact prison days count in every case
- The statutory wording has no role
- No
Legal references
- Revised Penal Code, Articles14(9)-(10),19-20 and160, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.