2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 10

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X.

Luis was sentenced to prision mayor and to pay a fine of P50,000, with subsidiary imprisonment in case of insolvency.

Is the sentence correct? (0.5%)

(A) Yes, because Luis has no property to pay for the fine, so he must suffer the equivalent imprisonment provided by law in lieu of fine.

(B) No, because subsidiary imprisonment is applicable only when the penalty imposed is
prision correccional or below.

(C) Yes, because the sentence says so.

(D) No, because the subsidiary imprisonment is applicable only when the penalty imposed is limited to a fine.

(E) None of the above.

One comment

  1. B. Subsidiary Imprisonment Not Proper

    • Principal penalty imposed is more than prision correccional
    • Principal penalty consists in other than prison sentence which is not of fixed duration
    • Subsidiary penalty not expressly stated in sentence to take the place of fine in case of insolvency
    • Sentence imposed does not include fine
    • Convict has means to pay the fine

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