Philippine Bar review · Question

Practice question: Application and Graduation

Multiple Choice Medium

Practice question

An offense expressly prescribes its own attempted-stage penalty. A party insists Article51 must override that specific provision in every case. Which is best?
  1. General graduation always erases specific text
  2. The attempt is automatically unpunishable
  3. The court may invent any penalty
  4. Article60 recognizes the exception for cases where the law expressly prescribes the attempted-stage penalty
  5. Only the offender may choose the applicable provision

Legal references

  • Revised Penal Code Article60: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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