Practice question
A court assesses a proved Article365 offense but treats one ordinary Article64 circumstance as mechanically compelling the same period adjustment used for intentional felonies, without exercising the article’s stated discretion. What statutory direction has been overlooked?
- Article365’s sound-discretion rule without regard to Article64’s prescribed rules
- A rule eliminating every sentencing limit
- A rule making the victim the judge
- A requirement of the death penalty
- An automatic acquittal whenever discretion exists
Legal references
- RA10951 Section97, amended Article365, precaution, sentencing discretion and on-the-spot help: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html
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