Practice question
After a valid commutation of a twelve-year sentence to eight years, a records officer proposes making the inmate serve twelve years plus eight years because both instruments appear in the file. The inmate instead claims that substitution means factual innocence and refund of every paid civil award. Which is best?
- Both proposed consequences are required
- Both terms must always be added
- The eight-year sentence substitutes for the original within the grant’s scope, but commutation alone establishes neither acquittal nor cancellation of civil liability
- The records officer may disregard the grant
- The inmate may rewrite the commutation as amnesty
Legal references
- Revised Penal Code Articles94,96 and113: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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