Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

After an Article5 report, an actually applicable favorable amendment takes effect. The court refuses to consider Article22 because it believes reporting permanently locks in the old law. No other bar to the favorable rule is asserted. Which is correct?
  1. Article5 reporting does not prevent applying the lawful favorable-retroactivity rule
  2. A report makes all future amendments irrelevant
  3. The judge’s report repeals Article22
  4. Only personal sympathy can lower punishment
  5. Every report automatically settles all later legal issues

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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