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?
- Only the prosecutor’s preference matters
- Predictions conclusively determine jurisdiction
- Every mitigating argument creates MTC authority
- The accused may choose the penalty before trial
- 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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