Philippine Bar review · Question

Practice question: Duty of Courts When Act is Non-punishable or Penalty is Excessive

Multiple Choice Medium

Practice question

A court identifies a genuinely applicable favorable later amendment under Article22. Does Article5 forbid applying it merely because the earlier punishment was harsh?
  1. No; lawful favorable retroactivity is distinct from inventing a penalty under Article5
  2. Yes; Article5 freezes all penalties forever
  3. Yes; no amendment can ever apply
  4. Yes; all legal adjustments are judicial legislation
  5. Yes; the judge must ignore Article22

Legal references

  • Revised Penal Code Articles4–5,8,16–22,59, specified provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles5,21–22.
  • People v Santos GR237982 October14,2020 MAIN, Article5 and constitutional qualification: https://lawphil.net/judjuris/juri2020/oct2020/gr_237982_2020.html

Answer this question in flashcards to review your response and continue practicing.