Practice question
For an adult's RPC offense, no exclusion or separate modifying rule applies. The court correctly determines the maximum under the Code's attending-circumstance rules. It then sets the minimum above the entire range of the penalty next lower solely because it prefers longer imprisonment. Which is correct?
- Judicial preference replaces the minimum-range requirement.
- The minimum must conform to the amended next-lower-range rule; preference alone cannot displace it.
- Only the maximum matters under the ISL.
- The minimum may always exceed the maximum.
- The prosecutor may waive every sentencing rule.
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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