Philippine Bar review · Question

Practice question: Successive Service of Sentence

Multiple Choice Medium Jurisprudence

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?
  1. Arresto mayor because it is shorter.
  2. Prision mayor because it is more severe in the statutory scale.
  3. Whichever judgment the victim prefers.
  4. Both must be erased.
  5. 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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