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Question VIII

2018 Bar · Criminal Law · 1 sub-question

VIII. Randy was prosecuted for forcible abduction attended by the aggravating circumstance of recidivism. After trial, the court held that the prosecutor was able to prove the charge. Nonetheless, it appreciated in favor of Randy, on the basis of the defense's evidence, the mitigating circumstances of voluntary surrender, uncontrollable fear, and provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for forcible abduction is reclusion temporal. Applying the Indeterminate Sentence Law, what penalty should be imposed on Randy? (5%)

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