Practice question
The prosecution proves conduct it considers deeply immoral but identifies no applicable criminal prohibition covering it at the relevant time. It asks the judge to create an offense to avoid a perceived gap. Which is best?
- Immorality alone necessarily supplies every element
- A judge may always fill any penal gap
- The court cannot create criminal liability without the requisite law; Article5 provides the legislative-report route
- Every private wrong carries imprisonment
- The complainant may enact the missing statute
Legal references
- Revised Penal Code Articles3,5,21; People v.Santos GR237982: https://lawphil.net/judjuris/juri2020/oct2020/gr_237982_2020.html
Answer this question in flashcards to review your response and continue practicing.