Practice question
The possible maximum sentence is destierro and the otherwise qualifying accused has undergone thirty days of preventive imprisonment. An official demands continued jail custody solely because the possible destierro term is much longer. No independent custody basis exists. Which is best?
- Every destierro term must be fully served inside jail.
- The special thirty-day provision has no effect.
- The official may disregard the actual maximum-penalty category.
- All pending cases automatically authorize indefinite imprisonment.
- Apply the special Article 29 release rule rather than equate jail custody with the whole possible destierro period.
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
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