Philippine Bar review · Question

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

Multiple Choice Easy

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?
  1. The minimum may be below the special law's minimum without any separate basis.
  2. The maximum may exceed the special law's maximum at will.
  3. Both terms must always be zero.
  4. The minimum must not be below the law's minimum and the maximum must not exceed its maximum.
  5. 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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