Practice question
After applying all relevant lawful adjustments, a court finds the valid statutory penalty clearly excessive in relation to the malice and injury. It identifies no constitutional defect or separate legal basis for suspension. It plans to suspend execution indefinitely solely under Article5 while awaiting legislative action. Under Santos, which answer is best?
- Article5 automatically requires indefinite suspension.
- Any report makes the sentence unenforceable.
- A court may rewrite the penalty without a legal basis.
- The report must be submitted without suspending execution solely on that Article5 ground.
- The court must conceal its concern from the Chief Executive.
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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