Criminal Law Review Questions 1
1. Which form of executive clemency results in the total extinction of the criminal liability of the individual to whom it is granted?
A. Absolute Pardon
B. Conditional Pardon
C. Reprieve
D. Commutation of Sentence
Answer: A, An absolute pardon removes the penalties and legal disabilities resulting from the conviction and restores civil and political rights, subject to legal limitations. Unlike amnesty, it does not erase the fact that the crime was committed.
2. Which of the following is a mandatory requirement for the President to validly grant Amnesty under the 1987 Philippine Constitution?
A. Legislative concurrence
B. Judicial approval
C. Final conviction
D. Civilian recommendation
Answer: A, Unlike pardon, amnesty requires the concurrence of a majority of all the members of Congress to be valid.
Article VII, Section 19 of the 1987 Constitution requires the concurrence of a majority of all Members of Congress for amnesty.
3. What type of executive clemency is specifically intended for groups of people who have committed political offenses against the state?
A. Conditional Pardon
B. Absolute Pardon
C. Commutation
D. Amnesty
Answer: D, Amnesty is a public act that overlooks offenses against the state, typically political in nature, and is addressed to classes of persons.
4. A prisoner's death sentence is changed to Reclusion Perpetua by the President. What form of clemency was exercised?
A. Parole
B. Commutation of Sentence
C. Reprieve
D. Amnesty
Answer: B, Commutation is the act of the President reducing a heavier sentence to a lighter one, such as death to life imprisonment.
5. In Philippine jurisprudence, how is Pardon distinguished from Amnesty regarding the time it can be granted?
A. Amnesty follows conviction
B. Pardon follows conviction
C. Pardon precedes trial
D. Both require conviction
Answer: B, Under the 1987 Constitution, the President can only grant pardon after a conviction by final judgment has been rendered. Amnesty, by contrast, may be granted before or after conviction.
6. Which term refers to the temporary stay or postponement of the execution of a sentence, especially the death penalty?
A. Absolute Pardon
B. Reprieve
C. Conditional Pardon
D. Commutation
Answer: B, A reprieve is a temporary relief or delay in the execution of a sentence, usually to allow for further investigation.
7. A person was granted a pardon on the condition that they never again reside in the province where the crime was committed. What is this called?
A. Conditional Pardon
B. Commutation
C. Amnesty
D. Absolute Pardon
Answer: A, A conditional pardon is a contract between the Chief Executive and the convict, where the convict must follow specific terms.
8. What is the legal effect if a convict violates the terms of their Conditional Pardon?
A. Extension of parole
B. Re-arrest and incarceration
C. Immediate grant of amnesty
D. Automatic absolute pardon
Answer: B, Violation of a conditional pardon (Art 159, RPC) allows for the re-arrest of the individual to serve the remaining unexpired portion of the sentence.
9. Which of the following describes the 'looking backward' nature of Amnesty compared to Pardon?
A. Amnesty obliterates the crime
B. Reprieve obliterates the crime
C. Commutation obliterates the crime
D. Pardon obliterates the crime
Answer: A, Amnesty 'looks backward' and treats the crime as if it were never committed, whereas pardon 'looks forward' and just remits the punishment.
10. Which official or body is primarily responsible for recommending the grant of executive clemency to the President of the Philippines?
A. Senate President
B. Supreme Court Justices
C. Board of Pardons and Parole
D. Director of Corrections
Answer: C, The BPP, under the Department of Justice, is the administrative body that reviews cases and recommends clemency to the President.
The President's constitutional power of clemency is discretionary. The Board of Pardons and Parole primarily serves as the body that investigates applications and recommends appropriate executive clemency, but the President is not constitutionally bound by its recommendations.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.