Practice question
A final prison sentence is validly shortened by commutation. The inmate has not yet served the substituted term and no other release ground exists. He argues that because Article94 calls commutation partial extinction, every remaining day has necessarily been extinguished. Which is best?
- Partial extinction always means immediate unconditional release
- Only the original term can ever be served
- The grant is automatically void because a term remains
- The remaining service obligation is determined by the substituted sentence and applicable credits, not by treating commutation as total extinction
- A clerk may disregard both sentences
Legal references
- Revised Penal Code Articles94(2) and96: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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