Philippine Bar review · Question

Practice question: Service of Sentence

Multiple Choice Hard

Practice question

A final convict of a heinous crime seeks computation of genuinely earned post-conviction GCTA under Article 97. Officials reject any computation solely because the offense is heinous, relying on the invalidated 2019 exclusions. What is correct under Guinto?
  1. Heinous classification permanently bars every convicted prisoner from GCTA
  2. Guinto rejects that categorical post-conviction exclusion, but actual earned credits and completion still require lawful determination
  3. The conviction is automatically erased
  4. Every applicant must be released without calculation
  5. The rule concerns only preventive detention and never service after conviction

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles89(2),94 and113: completed service, partial reductions and survival of civil liability.
  • https://lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html — RA 10592: lawful preventive and good-conduct credits in sentence computation.
  • https://lawphil.net/judjuris/juri2023/mar2023/gr_223107_2023.html — People v. Agustin, G.R. 223107, March 15, 2023, main decision: completed service extinguishes criminal liability without erasing civil liability.
  • https://lawphil.net/judjuris/juri2024/apr2024/gr_249027_2024.html — Guinto v. DOJ, G.R. 249027 and249155, April 3, 2024, main decision: post-conviction GCTA, invalid exclusions and lawful computation.

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