Philippine Bar review · Question

Practice question: Service of Sentence

Multiple Choice Hard

Practice question

A person completes the sentence in Case A but is still lawfully serving a different sentence in Case B. The person argues that Article 89(2) cancels all custody because one sentence ended. Which is correct?
  1. One completed sentence necessarily cancels all others
  2. The completed sentence in Case A must be respected, while Case B’s independent lawful sentence remains to be assessed
  3. Case B becomes an acquittal automatically
  4. Completion of Case A invalidates its original judgment
  5. The warden may impose any new sentence

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.

Answer this question in flashcards to review your response and continue practicing.