Practice question
For the ordinary statutory criminal allocation, does prescribed imprisonment differ from the sentence ultimately imposed after trial?
- Yes
- They are invariably identical concepts
- Only the eventual sentence can determine initial authority
- Only counsel’s demand fixes the law
- 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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