Philippine Bar review · Question

Practice question: Concept

Multiple Choice Medium

Practice question

An offense’s prescribed maximum exceeds the ordinary first-level ceiling, and no special contrary rule applies. The prosecutor predicts mitigation will produce a short sentence and selects an MTC on that prediction alone. Which is correct?
  1. Only the prosecutor’s preference matters
  2. Predictions conclusively determine jurisdiction
  3. Every mitigating argument creates MTC authority
  4. The accused may choose the penalty before trial
  5. The predicted final sentence does not substitute for the prescribed-penalty test

Legal references

  • BP129 Section32 as amended by RA7691 Section2 (criminal allocation, not old civil thresholds): https://lawphil.net/statutes/repacts/ra1994/ra_7691_1994.html
  • GR45815, prescribed penalty rather than sentence ultimately imposed determines criminal subject jurisdiction: https://lawphil.net/judjuris/juri1990/may1990/gr_45815_1990.html

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