Practice question
Does Article5 eliminate the judiciary’s duty to consider a properly established constitutional penalty prohibition?
- No
- Yes; every statutory penalty is immune from constitutional review
- Yes; the Constitution is irrelevant to sentencing
- Yes; only personal mercy can matter
- 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
Answer this question in flashcards to review your response and continue practicing.