Practice question
A judge finds the governing penal provision clear but personally regards its result as harsh. The judge proposes to call that dissatisfaction ambiguity and substitute an unrelated lesser penalty without legal authority. Which is best?
- Pro reo does not authorize inventing ambiguity or a penalty; the court must follow the applicable law and use the proper Article5 recommendation where warranted
- Every harsh result automatically creates two legal meanings
- Personal dissatisfaction is the only lenity test
- The judge may freely set any sentence
- Article5 abolishes execution of every sentence considered severe
Legal references
- Spouses Dulay GR215132; Revised Penal Code Article5: https://lawphil.net/judjuris/juri2021/sep2021/gr_215132_2021.html
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