Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A prosecutor asks the trial court to pronounce a death sentence but state that its execution is indefinitely suspended under RA 9346. May the court use that formulation?
  1. Yes, because only executions are prohibited.
  2. Yes, if the prosecutor promises not to seek execution.
  3. No; RA 9346 prohibits imposition and requires the applicable statutory substitute.
  4. Yes, if the offense is especially serious.
  5. No, because every conviction must instead be dismissed.

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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