Philippine Bar review · Question

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

Multiple Choice Medium

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?
  1. Counsel is correct because the statute is outside the Code.
  2. The proper substitute is reclusion perpetua because the statute uses Code penalty nomenclature.
  3. The court may impose death if the offense is under a special law.
  4. The court must acquit.
  5. 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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