Philippine Bar review · Question

Practice question: Credit for Preventive Imprisonment

Multiple Choice Hard

Practice question

A court releases an otherwise qualifying destierro accused after the statutory preventive-imprisonment interval. The accused says release proves the charge was dismissed and the possible exclusion-zone penalty fully served. Which is best?
  1. Every Article 29 release is an acquittal.
  2. The preventive-detention release does not itself establish dismissal or completed service of a future destierro sentence.
  3. Thirty detention days necessarily satisfy every possible destierro term.
  4. The case must disappear without judgment.
  5. Release automatically abolishes the offense.

Legal references

  • RA 10592, Section 1, amended Article 29, including destierro and actual detention: https://lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html
  • Guinto v. Department of Justice, G.R. Nos. 249027 and 249155, April 3, 2024, en banc main decision: https://lawphil.net/judjuris/juri2024/apr2024/gr_249027_2024.html

Answer this question in flashcards to review your response and continue practicing.