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Question 1

2025 Bar · Criminal Law · 1 sub-question

1. Police Officer I (PO1) A was found guilty of Arbitrary Detention committed against B. He was sentenced to four months and one day to six months of arresto mayor. PO1 A moved for reconsideration, asking the court to apply the Indeterminate Sentence Law (ISL) in his favor. He argued that under the ISL, the minimum sentence should be one degree lower or within the range one day to 30 days of arresto menor. Is he correct? Reason(s).

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