Philippine Bar review · Question

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

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Multiple Choice Easy

Practice question

What two substantive considerations does Article5 expressly identify for clearly excessive punishment?
  1. Degree of malice and injury caused
  2. Only the judge’s mood
  3. Only the courtroom’s size
  4. Only the prosecutor’s popularity
  5. Only the date of a press report

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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