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All Jurisprudence based

0 tracked cards Criminal Law

A prisoner's death sentence is reduced to reclusion perpetua by reason of RA 9346. He argues that this reduction automatically grants parole eligibility and that the President can no longer consider executive clemency. Which response accords with Sections 3 and 4?

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The President may restore death by declining clemency. Both propositions are correct. Parole follows automatically, but clemency remains possible. The statutory parole restriction applies, while the President's constitutional clemency power remains preserved.

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