Practice question
A valid penal statute applies, and the court correctly computes its penalty. No other legal ground for reduction or suspension exists. The judge personally considers the result excessive in view of the malice and injury. Does Article5 alone permit replacing it with an invented lesser penalty?
- Yes; personal fairness overrides every statute.
- No; the court must apply the law and submit the appropriate statement rather than legislate a different penalty.
- Yes; any prison term may be changed to a private warning.
- Yes; reporting to the President is unnecessary if the judge rewrites the law.
- No; because reporting is prohibited.
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.
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