Practice question
A court finds an act legally unpunished but socially harmful and reports a proposal for new penal legislation under Article5. The prosecutor treats the recommendation itself as an already effective statute authorizing conviction for the earlier act. What is the flaw?
- Every recommendation immediately creates a felony
- A recommendation does not itself enact a crime or retroactively supply penal liability
- The report is automatically a criminal conviction
- The DOJ receives unlimited judicial sentencing power
- A later proposal removes the need for prior law
Legal references
- Revised Penal Code, Articles3 and5, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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