Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Under Article5, if a court encounters conduct it believes should be repressed but which is not punishable by law, what should it do?
  1. Invent a new crime and convict immediately.
  2. Render the proper decision and report the reasons for proposed penal legislation to the Chief Executive through the Department of Justice.
  3. Ask the complainant to choose an imprisonment term.
  4. Punish by analogy to any similar crime regardless of its elements.
  5. Presume that all objectionable acts are already crimes.

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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