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Philippine Bar review · Question

Practice question: Excessive Fines; Cruel, Degrading, or Inhuman Punishment

Multiple Choice Hard

Practice question

A penal law imposes a substantial fine for a serious offense. An accused argues that a large number alone makes it excessive, while the State says legislative enactment makes constitutional review impossible. Which is best?
  1. The accused is automatically right because all large fines are excessive
  2. The State is automatically right because statutes cannot violate section 19
  3. The court must examine the penalty and circumstances under the constitutional standard; neither size alone nor statutory authorization conclusively resolves excessiveness
  4. Only the prosecutor may interpret the Constitution
  5. Payment of the fine makes any constitutional issue impossible in every case

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution, Article III section 19: excessive fines, cruel/degrading/inhuman punishment and detention safeguards.
  • https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html — RA 9346 sections1–2: current prohibition on imposing death and substitute penalties by statutory nomenclature.
  • https://lawphil.net/judjuris/juri2020/jan2020/gr_208162_2020.html — Fuertes v. Senate, G.R. 208162, January 7, 2020, main decision: punishment character, proportionality and the constitutional standard; historical discussion does not override RA 9346.

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