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Question

Partial Extinction - Article 94, as amended by R.A. No. 10592, secs. 2-5

Mr. Juan Dela Cruz was convicted of robbery and sentenced to ten years imprisonment. After serving five years of his sentence, he was granted conditional pardon by the President. The conditions of his pardon included not committing any crime during the remainder of his sentence and actively participating in community service programs.

However, during the seventh year of his sentence, Mr. Dela Cruz was found guilty of theft. The trial court revoked his conditional pardon and ordered him to serve the remaining years of his original sentence.

Discuss the following:

1. What is the concept of partial extinction under Article 94, as amended by R.A. No. 10592, secs. 2-5?
2. Can Mr. Dela Cruz be subjected to partial extinction of his sentence? Explain.
3. How does conditional pardon, as provided in Article 95, Act No. 1524, affect the concept of partial extinction?

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Answer