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Question 7

2023 Bar · Criminal Law · 1 sub-question

7. Miguel was charged with Murder for the death of his neighbor, Nikkolas. During trial, the prosecution established that treachery and evident premeditation attended the killing of Nikkolas. Hence, the trial court found Miguel guilty as charged and sentenced him to suffer the penalty of reclusion perpetua. Upon the lapse of his 30th year in prison, Miguel filed a petition for a writ of habeas corpus on the ground that under the three-fold rule, he had served the maximum of his sentence and that his continued imprisonment is a violation of his right to liberty. Will the petition of Miguel prosper? Explain.

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