Criminal Law, 2018 Bar — Question VIII

ESSAY

Randy was prosecuted for forcible abduction attended by the aggravating circumstance of recidivism. After trial, the court held that the prosecution was able to prove the charge. Nonetheless, it appreciated in favor of Randy, on the basis of the defense's evidence, the mitigating circumstances of voluntary surrender, uncontrollable fear, and provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for forcible abduction is reclusion temporal. Applying the Indeterminate Sentence Law, what penalty should be imposed on Randy? (5%)

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