Practice question
After a final judgment imposing prison and a fine, a valid commutation substitutes a shorter prison term and expressly leaves the criminal fine unchanged. A custodian says the shorter prison term automatically cancels the fine because all clemency forms have identical effects. Which is the best answer?
- Every commutation necessarily cancels all monetary penalties.
- The instrument automatically becomes an amnesty for every prisoner.
- The substituted prison term must be given effect, but the fine is not remitted by the expressly limited grant.
- The original prison term must still be enforced despite the valid substitution.
- The fine becomes a private debt owed to the custodian.
Legal references
- Revised Penal Code, Articles 94, 95 and 96: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- 1987 Constitution, Article VII, Section 19: https://lawphil.net/consti/cons1987.html
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