Philippine Bar review · Question

Practice question: Commutation of Sentence

Multiple Choice Hard

Practice question

A valid presidential commutation substitutes a different lawful penalty, not merely a shorter number of years. A records officer insists Article96 can recognize only arithmetic reductions and must ignore every difference in nature stated in the valid grant. What does the article provide?
  1. Substitution may concern a sentence of different length and nature
  2. Only year counts can ever change
  3. A different nature necessarily makes the valid grant void
  4. The officer may rewrite the President’s valid instrument
  5. Commutation automatically requires the original and new penalties together

Legal references

  • Revised Penal Code, Articles95-96,109-110 and159, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
  • Constitution, ArticleVII Section19, executive clemency after final conviction: https://lawphil.net/consti/cons1987.html

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