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?
- Invent a new crime and convict immediately.
- Render the proper decision and report the reasons for proposed penal legislation to the Chief Executive through the Department of Justice.
- Ask the complainant to choose an imprisonment term.
- Punish by analogy to any similar crime regardless of its elements.
- 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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