Philippine Bar review · Question

Practice question: Successive Service of Sentence

Multiple Choice Hard Jurisprudence

Practice question

A judgment imposes a separate lawful penalty for each of several distinct offenses. Their aggregate stated duration exceeds forty years. Counsel argues that the judgment is automatically invalid and must state only one forty-year penalty. Under Mejorada and Escares, what is the correct approach?
  1. Erase every sentence after the first.
  2. Replace all separate penalties with one offense.
  3. Impose the proper separate penalties, then apply Article 70's limits in their service.
  4. Require service of every year without any Article 70 limit.
  5. Let the prosecutor choose which convictions survive.

Legal references

  • Commonwealth Act No. 217, Section 2 amending RPC Article 70, simultaneous and successive service and threefold rule: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/29/15348
  • Mejorada v Sandiganbayan, G.R. Nos. L-51065-72, June 30, 1987, main decision, service rather than imposition: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-51065_1987.html
  • People v Escares, G.R. Nos. L-11128-33, December 23, 1957, main decision, separate penalties and Article 70 service: https://lawphil.net/judjuris/juri1957/dec1957/gr_l-11128-33_1957.html
  • RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html

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