Philippine Bar review · Question

Practice question: Forms of Executive Clemency

Multiple Choice Hard

Practice question

A final judgment requires a convict to serve imprisonment and pay a criminal fine and civil indemnity to the victim. A valid presidential instrument expressly remits the criminal fine but says nothing extinguishing the victim's civil claim. The convict insists that both amounts disappear because both involve money. Which is correct?
  1. All monetary obligations are identical penalties
  2. The victim must abandon the claim whenever any fine is remitted
  3. Remission of the criminal fine does not by itself extinguish the separate civil indemnity
  4. The pardon automatically transfers the victim's claim to Congress
  5. A monetary fine can never be remitted

Legal references

  • 1987 Constitution, Article VII, Section 19: https://lawphil.net/consti/cons1987.html
  • Revised Penal Code, Articles 94 to 96 and 113: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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