Criminal Law, 2012 Bar — Question 54

MULTIPLE CHOICE

AAA was convicted of theft by a Manila Court and sentenced to a straight penalty of one (1) year of prision correccional. After serving two (2) months of the sentence, he was granted conditional pardon by the Chief Executive. One of the conditions of the pardon was for him not to be found guilty of any crime punishable by the laws of the country. He subsequently committed robbery in Pasay City. Can the Manila Court require AAA to serve the unexpired portion of the original sentence? (A) Yes. The Manila Court has the authority to recommit AAA to serve the unexpired portion of the original sentence in addition to the penalty for violation of conditional pardon. (B) No. The penalty remitted by the conditional pardon is less than six (6) years. (C) Yes. The penalty for violation of conditional pardon is the unexpired portion of the punishment in the original sentence. (D) No. AAA must first be found guilty of the subsequent offense before he can be prosecuted for violation of conditional pardon.

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