Practice question
A trial court imposes a penalty higher than arresto mayor. On appeal, the penalty is reduced to arresto mayor and becomes final. The defendant has never availed of community service and is not a habitual delinquent. He seeks relief in the court of origin. Does the earlier appeal necessarily bar this application under paragraph 12 of A.M. No. 20-06-14-SC?
- Yes, every appeal creates an absolute bar without exception.
- No; paragraph 12 expressly permits a written application in this reduced-penalty situation, subject to the guidelines.
- No, because service is now automatic and needs no application.
- Yes, because arresto mayor is not a covered penalty.
- No, because the appellate decision automatically erases the sentence.
Legal references
- RA 11362, Section 3 inserting RPC Article 88a, community service: https://lawphil.net/statutes/repacts/ra2019/ra_11362_2019.html
- A.M. No. 20-06-14-SC, October 6, 2020, community-service guidelines: https://lawphil.net/courts/rules/pdf/am_20-06-14-sc_2020.pdf
Answer this question in flashcards to review your response and continue practicing.