Practice question
Two properly adjudicated conditional-pardon violations differ only in the penalty remitted: five years in CaseA and seven years in CaseB. No other rule alters Article159’s application. May an officer apply the same ordinary prision-correccional-minimum branch to both without examining the threshold?
- No; the remitted-penalty distinction determines which stated branch applies
- Yes, Article159 has only one branch
- Yes, both cases automatically require death
- Yes, all numerical conditions are optional
- Yes, the pardon’s conditions can never be enforced
Legal references
- Revised Penal Code, Articles95-96,109-110 and159, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
Answer this question in flashcards to review your response and continue practicing.