Practice question
A loan contract says the borrower agrees to be jailed whenever payment is late. No criminal offense, lawful contempt basis or other independent detention authority exists. A creditor asks police to enforce only that clause. Which is best?
- A private contract creates a new crime and police sentence.
- The borrower’s signature gives the creditor judicial power.
- Late payment automatically satisfies every criminal element.
- The contract alone supplies no lawful authority to imprison for the ordinary unpaid debt.
- Police may choose any detention length the creditor wants.
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 20.
- Lozano v. Martinez, G.R. No. L-63419 et al., December 18, 1986, main decision: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63419_1986.html
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