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?
- The accused is automatically right because all large fines are excessive
- The State is automatically right because statutes cannot violate section 19
- The court must examine the penalty and circumstances under the constitutional standard; neither size alone nor statutory authorization conclusively resolves excessiveness
- Only the prosecutor may interpret the Constitution
- 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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