Practice question
Compare Article5's two situations: an act considered deserving of repression but not punishable by law, and an act already punishable with a penalty viewed as clearly excessive. Explain the common limit on judicial power.
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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