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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Criminal Law

A trial court imposes a penalty higher than arresto mayor. On appeal, the penalty is reduced to arresto mayor and becomes final. The defendant has never availed of community service and is not a habitual delinquent. He seeks relief in the court of origin. Does the earlier appeal necessarily bar this application under paragraph 12 of A.M. No. 20-06-14-SC?

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No, because the appellate decision automatically erases the sentence. No, because service is now automatic and needs no application. Yes, because arresto mayor is not a covered penalty. No; paragraph 12 expressly permits a written application in this reduced-penalty situation, subject to the guidelines.

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