Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Criminal Law

Facts: Iris was convicted of estafa by misappropriation in the amount of PHP 84,000. The trial court sentenced her to imprisonment for 3 years and to pay a fine of PHP 84,000. Iris has PHP 20,000 in cash or property that can be applied to the fine. The court, in default of payment of the fine, imposes subsidiary imprisonment in lieu of the unpaid amount, to be computed on a day-for-day basis as provided by law. (a) State the doctrine of subsidiary imprisonment and the controlling rule for its imposition. (b) Apply it to Iris's case: is the court’s order valid, and what is Iris's liability with respect to the subsidiary imprisonment? (c) If later Iris pays PHP 12,000, what is the effect on the subsidiary imprisonment?

Choose the Best Answer

The court may impose subsidiary imprisonment regardless of the offender's means; the order is valid if the fine remains unpaid after judgment. Because Iris has PHP 20,000 in cash or property to apply to the fine, the court should apply that first; the remaining balance of PHP 64,000 may be satisfied by subsidiary imprisonment; thus the court's order is valid, and Iris's liability is the unpaid balance; if she pays PHP 12,000 later, the balance and the days decrease. If any portion of the fine remains unpaid, the court must imprison the offender for a period equal to the original sentence's duration, irrespective of the unpaid balance. The doctrine requires that if the offender has means to pay the fine, subsidiary imprisonment cannot be imposed; thus Iris's order is invalid.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello