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Question 7
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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