Practice question
A statute’s penalty is challenged under a specific constitutional prohibition. The government says Article5 requires courts to apply every penalty without ever examining constitutionality. Which qualification in Santos defeats that categorical claim?
- The duty to enforce legislative penalties does not immunize penalties falling within constitutional prohibitions
- Article5 repeals the Bill of Rights
- Only the Executive may ever interpret the Constitution
- Every harsh sentence must automatically be struck down
- Judges may substitute any preferred penalty without analysis
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
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