Practice question
Is reclusion perpetua automatically cruel, degrading or inhuman punishment merely because it is severe?
- Yes, all long imprisonment is unconstitutional
- Yes, severity alone decides every case
- No; the cases distinguish severity alone from the constitutionally prohibited character or oppressive disproportionality
- No, because no statutory penalty can ever be reviewed
- Yes, whenever the accused disagrees with the legislature
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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