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AllBar 2024CRIMINAL LAWII. REVISED PENAL CODE - BOOK ONEE. Penalties12. Three-Fold Rule - Article 70

Question

E. Penalties: Three-Fold Rule - Article 70

Scenario:

Mara, a medical technologist, was found guilty of violating the Enhanced Community Quarantine guidelines by conducting non-essential laboratory tests during the COVID-19 pandemic. As a result, she was charged with a crime punishable by imprisonment of 2 years, 4 months, and 1 day to 4 years and 2 months. However, Mara was also found to have a previous conviction for a related offense committed 5 years ago, for which she served a punishment of 6 months and 1 day to 2 years and 4 months.

Given that there are no special laws prescribing a specific penalty for the current offense committed by Mara, how should her penalty be determined considering the Three-Fold Rule under Article 70 of the Revised Penal Code?

  1. Discuss the application of the Three-Fold Rule in determining the penalty for the current offense committed by Mara. (10%)
  2. What penalty should be imposed on Mara in accordance with the Three-Fold Rule? Explain the computation of the penalty. (90%)



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Bar Review Question: E. Penalties: Three-Fold Rule - Article 70 Scenario: Mara, a medical technologist, was found guil