Practice question
No existing penal provision covers the proven conduct, although the judge considers it morally reprehensible. The prosecution asks for conviction solely on that moral assessment. What is the proper approach under Articles5 and21?
- Convict because moral disapproval always creates an offense.
- Let the complainant define the crime.
- Use an unrelated offense despite missing elements.
- Impose any sentence believed fair.
- Decline to create criminal liability, render the proper decision, and make the Article5 report.
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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