Practice question
For a qualifying special-law offense governed by the ISL, where the special law uses its own penalty range rather than adopting RPC penalties, how are the statutory bounds generally applied?
- The minimum may be below the special law's minimum without any separate basis.
- The maximum may exceed the special law's maximum at will.
- Both terms must always be zero.
- The minimum must not be below the law's minimum and the maximum must not exceed its maximum.
- The special law's range is irrelevant.
Legal references
- https://lawphil.net/statutes/acts/act1935/act_4225_1935.html — Act4225 Sections1–2 amending Act4103 Sections1–2.
- https://lawphil.net/statutes/acts/act1933/act_4103_1933.html — Indeterminate Sentence Law, Section5, discretionary parole subject to its requirements.
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