Practice question
When Article5's second paragraph applies because strict enforcement would impose a clearly excessive penalty, does that paragraph authorize suspension of execution for that reason?
- No; it directs submission of the statement without suspending execution.
- Yes; suspension is its automatic purpose.
- Yes; the court may cancel every lawful sentence.
- Yes; the victim chooses whether to execute.
- No; because the court must never report excessive penalties.
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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