Philippine Bar review · Question

Practice question: Forms of Executive Clemency

Multiple Choice Hard

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?
  1. Every commutation necessarily cancels all monetary penalties.
  2. The instrument automatically becomes an amnesty for every prisoner.
  3. The substituted prison term must be given effect, but the fine is not remitted by the expressly limited grant.
  4. The original prison term must still be enforced despite the valid substitution.
  5. 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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