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Question

Question A: Duty of the Courts in Case of Non-Punishable Act and Excessive Penalty

1. In a criminal case, the court rendered a judgment of conviction and imposed a penalty that is clearly excessive and disproportionate to the offense committed. The defense counsel files a motion for reconsideration, citing the excessive penalty imposed.

Discuss the duty of the court in resolving the motion for reconsideration based on Article 5 of the Revised Penal Code.

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Answer