Practice question
The surety asserts that surrender is sufficient for mandatory complete mitigation, while the court treats it only as permitting consideration. Which reading fits Section 21’s wording?
- The surety’s reading; unless always means must forgive all.
- The court’s reading; surrender satisfies a condition for consideration, not an automatic entitlement to full remission.
- Neither, because surrender is never relevant.
- The surety’s reading; the court has no role after surrender.
- The surety’s reading; any private promise of surrender has the identical effect.
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
Answer this question in flashcards to review your response and continue practicing.