Criminal Law, 2013 Bar — Question MC-XIII

MULTIPLE CHOICE

Santos was sentenced to suffer imprisonment in three separate judgments: 6 months and 1 day to 4 years for attempted homicide; 6 years and 1 day to 8 years for frustrated homicide; and 6 years and 1 day to 20 years for homicide. After his 20th year in the National Penitentiary, Santos filed a petition for habeas corpus claiming that he had fully served his sentence of 20 years and should therefore be immediately released from imprisonment. Was Santos correct? (A) Yes, because he served his sentences simultaneously so that his 20 years of incarceration was sufficient. (B) No, because multiple sentences are served successively not simultaneously. (C) No, only penalties other than imprisonment can be served simultaneously. (D) Yes, because after he has served the minimum of his penalties, he can now be released.

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