Philippine Bar review · Question

Practice question: Right Against Excessive Fines, Cruel and Inhuman Punishment

Multiple Choice Medium

Practice question

A prosecutor asks a court to impose death solely because an old penal provision still uses that term, without accounting for RA 9346. Which is best?
  1. RA 9346 must be applied; the old wording alone does not authorize imposition
  2. The oldest wording always controls
  3. The prosecutor may choose execution administratively
  4. The accused's unpopularity repeals the Act
  5. A court may ignore the Act by agreement

Legal references

  • Republic Act No. 9346, Sections 1-2: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html

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