Practice question
A properly established Section 7 exception permits prosecution and conviction for a graver offense. The accused has already served part of the earlier judgment. The sentencing court refuses any credit solely because a new prosecution was permitted. Which is correct?
- Permission for a new prosecution eliminates every credit requirement.
- The final paragraph requires credit for the judgment satisfied or served in whole or part in these exceptions.
- Only a private creditor decides credit.
- Every prior sentence automatically doubles.
- The exception abolishes all sentence calculation.
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 21.
- Rules of Court: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Rule 117, Section 7.
Answer this question in flashcards to review your response and continue practicing.