Criminal Law, 2012 Bar — Question 47

MULTIPLE CHOICE

AA was convicted of proposal to commit treason. Under Article 115 of the Revised Penal Code, proposal to commit treason shall be punished by prision correccional and a fine not exceeding P5,000.00. Is the Indeterminate Sentence Law applicable to AA? (A) Yes. The Indeterminate Sentence Law is applicable to AA because the maximum of prision correccional exceeds one (1) year. (B) Yes. The Indeterminate Sentence Law is applicable to AA because there is no showing that he is a habitual delinquent. (C) No. The Indeterminate Sentence Law is not applicable to AA considering the penalty imposable for the offense of which he was convicted. (D) No. The Indeterminate Sentence Law is not applicable considering the offense of which he was convicted.

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