Practice question
A special penal statute expressly uses the Code penalty of death for the offense. All elements are proved, but RA 9346 governs sentencing. Counsel says that every special-law offense necessarily receives life imprisonment instead of death. Which is correct?
- Counsel is correct because the statute is outside the Code.
- The proper substitute is reclusion perpetua because the statute uses Code penalty nomenclature.
- The court may impose death if the offense is under a special law.
- The court must acquit.
- The victim may choose the substitute.
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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