Practice question
A statute prescribes three years imprisonment plus a fine for an offense exclusively cognizable by a first-level court. Counsel expects only a six-month sentence after mitigation and asks to classify it as Section6 summary investigation on that prediction alone. Which is correct?
- The prescribed three-year penalty controls; the predicted sentence does not move it into Section6
- The predicted six months controls automatically
- Counsel may select the track by predicting leniency
- A fine always makes every case summary regardless of imprisonment
- Mitigation abolishes all investigation requirements
Legal references
- DOJ Department Circular028, November13,2024, Sections4–8, official ONAR copy pages2–3: https://naro.law.upd.edu.ph/storage/01JX9CFN63VA8GGWZNTT46532P.pdf ; official registration: https://naro.law.upd.edu.ph/issuances/6592
- Meking v Remulla, GR280455, November11,2025, MAIN opinion, retained judicial rule-making and grave-abuse review: https://lawphil.net/judjuris/juri2025/nov2025/gr_280455_2025.html
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