Philippine Bar review · Question

Practice question: Indeterminate Sentence Law (Act 4103, as amended)

Multiple Choice Hard

Practice question

A convicted person violated a conditional pardon’s terms but asks the court to ignore that fact because the ordinary RPC minimum/maximum formula can be calculated. Which analytical order is correct?
  1. Determine statutory eligibility and exclusions before mechanically applying the covered-offender formula
  2. Computability automatically defeats every exclusion
  3. The formula repeals Section2
  4. Conditional pardon violations are expressly irrelevant
  5. Any arithmetical range guarantees release

Legal references

  • Act4225 amended Indeterminate Sentence Law Section2 exclusions: https://lawphil.net/statutes/acts/act1935/act_4225_1935.html

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