Philippine Bar review · Question

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

Multiple Choice Hard

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?
  1. The duty to enforce legislative penalties does not immunize penalties falling within constitutional prohibitions
  2. Article5 repeals the Bill of Rights
  3. Only the Executive may ever interpret the Constitution
  4. Every harsh sentence must automatically be struck down
  5. 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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