Practice question
Final judgments require Rene to serve a term of prision mayor and a term of arresto mayor. Assume they cannot be served simultaneously and no other legal event changes their service. Which comes first under Article 70?
- Arresto mayor because it is shorter.
- Prision mayor because it is more severe in the statutory scale.
- Whichever judgment the victim prefers.
- Both must be erased.
- The fine-only rule determines their order.
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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