Practice question
A conviction remains on appellate review when RA 9346 must be applied. The underlying penal provision uses Code nomenclature, and the proved circumstances would otherwise call for death. The appellant argues that the court must either affirm death unchanged or acquit because the old penalty is unavailable. Which disposition of the penalty follows?
- Affirm death because it was pronounced earlier.
- Acquit solely because death is prohibited.
- Apply reclusion perpetua in lieu of death, with the applicable parole restriction.
- Replace the conviction with a civil action only.
- Let the appellant select any shorter term.
Legal references
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
Answer this question in flashcards to review your response and continue practicing.