Criminal Law, 2014 Bar — Question XXIV-c

ESSAY

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs, for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a privileged mitigating circumstance. (8%) (C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by A and given due course by the court, may A still file an application for probation?

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