Philippine Bar review · Question

Practice question: Application and Graduation

Multiple Choice Hard

Practice question

A judge takes the numerical maximum of a prescribed penalty and divides it by two to impose one degree lower, without consulting Article61 or the legal scale. Which is best?
  1. Every degree is exactly half of any chosen number
  2. Any arithmetic reduction is automatically legal
  3. Only a calculator is needed
  4. Periods and degrees are always interchangeable
  5. Graduation is a legal-scale operation governed by the applicable rules, not automatic numerical halving

Legal references

  • Revised Penal Code Article61: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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