Practice question
A valid existing statute clearly defines an offense and penalty. The facts establish its elements. The accused says legality means no conviction is possible until the Supreme Court has previously decided an identical factual case. Which is best?
- The principle requires the applicable law, not a prior judgment with identical facts; the court must apply the valid statute to the proved elements
- Every new factual pattern is immune from existing statutes
- Judicial precedent alone creates all crimes
- A clear statute has no effect before identical litigation
- The accused may choose whether the statute exists
Legal references
- Revised Penal Code Articles3 and21: https://lawphil.net/statutes/acts/act1930/act_3815_1930b.html
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