Philippine Bar review · Question

Practice question: Service of Sentence

Multiple Choice Medium

Practice question

A prisoner’s actual service plus properly granted applicable credits lawfully completes the sentence. There is no other lawful ground for custody. May imprisonment continue solely because the original uncredited calendar period has not elapsed?
  1. Yes, credits are never relevant
  2. No; completion must reflect lawful credits and the applicable release process
  3. Yes, until the victim consents
  4. Yes, if officials dislike the offense
  5. No, because every prisoner is automatically entitled to the maximum possible credit

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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