Practice question
A court believes proven conduct should be prohibited, but no penal law covered it when committed and no existing offense fits. State the Article5 duty and explain why the court cannot convict first and recommend legislation afterward.
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Articles5 and21.
- https://lawphil.net/judjuris/juri2020/oct2020/gr_237982_2020.html — People v. Santos, G.R.237982, October14 2020, main opinion on Article5 and limits of judicial legislation.
Answer this question in flashcards to review your response and continue practicing.