Practice question
The RTC imposed exactly six years, not more than six. Does that amount alone trigger Section 5’s paragraph beginning with imprisonment exceeding six years?
- Yes, exactly six mathematically exceeds six.
- Yes, every sentence invokes that particular threshold.
- No, therefore bail becomes an unconditional right.
- No; exactly six is not exceeding six, although post-RTC-conviction bail remains subject to the applicable discretionary rule.
- No, therefore the conviction automatically disappears.
Legal references
- Rules of Court, Rule 114, Sections 5, 8-9, 17, 21-23, as specifically discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, MAIN decision, postconviction discretion and qualified certiorari review: https://lawphil.net/judjuris/juri2010/mar2010/gr_189122_2010.html
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