Philippine Bar review · Question

Practice question: Concept

Multiple Choice Easy

Practice question

For the ordinary statutory criminal allocation, does prescribed imprisonment differ from the sentence ultimately imposed after trial?
  1. Yes
  2. They are invariably identical concepts
  3. Only the eventual sentence can determine initial authority
  4. Only counsel’s demand fixes the law
  5. Only the offender’s income matters

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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