Philippine Bar review · Question

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

Multiple Choice Hard

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?
  1. Judicial preference replaces the minimum-range requirement.
  2. The minimum must conform to the amended next-lower-range rule; preference alone cannot displace it.
  3. Only the maximum matters under the ISL.
  4. The minimum may always exceed the maximum.
  5. 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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