Philippine Bar review · Question

Practice question: When Not Required

Multiple Choice Hard

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?
  1. The prescribed three-year penalty controls; the predicted sentence does not move it into Section6
  2. The predicted six months controls automatically
  3. Counsel may select the track by predicting leniency
  4. A fine always makes every case summary regardless of imprisonment
  5. 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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