Philippine Bar review · Question

Practice question: Probation (PD 968, as amended by RA 10707)

Multiple Choice Hard

Practice question

A defendant receives a probationable penalty at trial and perfects an appeal from that conviction. The penalty remains probationable throughout. The defendant later invokes RA10707's exception for a nonprobationable penalty modified to probationable, arguing it applies to every appeal. Which is best?
  1. The exception automatically applies to every appealed conviction.
  2. The stated exception does not fit; there was no original nonprobationable penalty modified to a probationable one.
  3. Every appeal automatically grants probation.
  4. The original sentence's character is irrelevant.
  5. The defendant may simultaneously demand both remedies without statutory limits.

Legal references

  • https://lawphil.net/statutes/repacts/ra2015/ra_10707_2015.html — Republic Act10707 Sections1–3, amending Probation Law Sections4,9 and16.

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