Practice question
Several penalties must be served successively. One of the penalties that otherwise would have been served earlier has already been fully served, and another is covered by an effective pardon. A records officer proposes to execute those penalties again before reaching the remaining enforceable ones, solely because of their rank in the scale. What does Article 70's successive-service framework require?
- Re-serve every penalty whenever a new judgment is added.
- Disregard whether a sentence has been served or pardoned.
- Follow the severity order as legally applicable while accounting for penalties already served or effectively pardoned.
- Ignore all remaining penalties once any pardon exists.
- Treat a pardon of one penalty as acquittal of every other offense.
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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