Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Does Article5 eliminate the judiciary’s duty to consider a properly established constitutional penalty prohibition?
  1. No
  2. Yes; every statutory penalty is immune from constitutional review
  3. Yes; the Constitution is irrelevant to sentencing
  4. Yes; only personal mercy can matter
  5. Yes; reporting replaces every constitutional remedy

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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