Philippine Bar review · Question

Practice question: Credit for Preventive Imprisonment

Multiple Choice Hard

Practice question

An accused satisfies Article 29’s immediate-release conditions and no exclusion applies. The qualifying detention computation equals the possible maximum imprisonment for the charged offense, but trial remains pending. What is correct?
  1. Release necessarily acquits the accused
  2. The trial must always be dismissed
  3. Article 29 provides release without prejudice to continuation of the trial or appeal
  4. Detention may continue indefinitely solely because the trial is unfinished
  5. The prosecutor may add years informally

Legal references

  • https://lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html — RA 10592 section 1, amended RPC Article 29: full and four-fifths credit, counsel-assisted writing, reclusion perpetua computation and qualified immediate release.

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