Philippine Bar review · Question

Practice question: Right Against Double Jeopardy

Multiple Choice Hard Jurisprudence

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?
  1. Permission for a new prosecution eliminates every credit requirement.
  2. The final paragraph requires credit for the judgment satisfied or served in whole or part in these exceptions.
  3. Only a private creditor decides credit.
  4. Every prior sentence automatically doubles.
  5. 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.

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