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Question X

2013 Bar · Criminal Law · 5 sub-questions

X. Luis was sentenced to prision mayor and to pay a fine of P50,000, with subsidiary imprisonment in case of in solvency. Is the sentence correct? (0.5%)
(a)(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)(B) No, because subsidiary imprisonment is applicable only when the penalty imposed is prision correccional or below.
(c)(C) Yes, because the sentence says so.
(d)(D) No, because the subsidiary imprisonment is applicable only when the penalty imposed is limited to a fine.
(e)(E) None of the above.

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