2014 (Criminal Law) Bar Exam Questions: Question 24

[Answer / discuss the question below. Or see 2014 bar exam Criminal Law Instructions; 2014 Commercial Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XXIV.

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a privilege mitigating circumstance. (8%)

(A) May the privilege mitigating circumstance of minority be appreciated considering that the penalty imposed by law is life imprisonment and fine?

(B) Is the Indeterminate Sentence Law applicable considering that life imprisonment has no fixed duration and the Dangerous Drugs Law is malum prohibitum?

(C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by A and given due course by the court, may A still file an application for probation?

(D) If probation is not allowed by the court, how will A serve his sentence?

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