Practice question
For service under Article 70, assume successive fixed penalties of ten, six, four, and two years, totaling twenty-two years. No credits or other adjustments are involved. An official says the prisoner must serve thirty years because three times the most severe term is thirty. Which is correct?
- Thirty years is mandatory because the cap always creates additional time.
- Forty years is mandatory instead.
- The threefold rule is a ceiling; it does not enlarge the twenty-two years actually imposed.
- Only the two-year sentence survives.
- All sentences merge into ten years.
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
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