Philippine Bar review · Question

Practice question: Prohibition on Death Penalty Imposition (RA 9346)

Multiple Choice Hard

Practice question

A prisoner's death sentence is reduced to reclusion perpetua by reason of RA 9346. He argues that this reduction automatically grants parole eligibility and that the President can no longer consider executive clemency. Which response accords with Sections 3 and 4?
  1. Both propositions are correct.
  2. Parole follows automatically, but clemency remains possible.
  3. The statutory parole restriction applies, while the President's constitutional clemency power remains preserved.
  4. The President may restore death by declining clemency.
  5. The reduction erases the conviction and all liability.

Legal references

  • RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html

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