Philippine Bar review · Question

Practice question: Commutation of Sentence

Multiple Choice Hard

Practice question

While conviction is still nonfinal, a person demands presidential commutation solely on a prosecutor’s view that conviction is likely. No applicable constitutional exception is asserted. What prerequisite prevents treating likely guilt as sufficient?
  1. Only the accused’s prediction matters
  2. Conviction by final judgment for the constitutional commutation power
  3. Every probable conviction is already final
  4. A prosecutor may issue the President’s grant
  5. The constitutional wording applies only to newspapers

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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