Article 5

Question 1

Para 1

Answer 1

Whenever a court has knowledge of an act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.

Question 2

Requisites of Para 1 (act that should be repressed)

Answer 2

1. ) act not punishable by law
2. ) court deems it proper to repress act
3. ) court must render the proper decision by dismissing the case and acquitting the accused
4. ) report to the Chief Executive through the Secretary of Justice, stating the reasons which induce him to believe that the said act should be made the subject of penal legislation.

Question 3

Para 2

Answer 3

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and injury caused by the offense.

Question 4

Requisites of Para. 2 (excessive punishment)

Answer 4

1. ) the court finds the accused guilty
2. ) court does not suspend the execution of the sentence
3. ) penalty prescribed by law is excessive considering the actual degree of malice and injury incurred
4. ) report is sent to the Chief Executive through the Department of Justice

Question 5

How do you ascertain that a penalty is excessive?

Answer 5

a. ) less degree of malice;

b. ) no injury/ lesser injury

Question 6

In Para. 1, why should the court dismiss the case?

Answer 6

Art. 21; “Nullum crimen, nulla poena sine lege” (no crime in the absence of law punishing it)

Question 7

In Para. 1, what is the “proper decision”?

Answer 7

Dismissal of the case AND the acquittal of the accused.

Question 8

In Para. 2, why should the court continue to execute the punishment when it finds it excessive?

Answer 8

“Dura Lex, Sed Lex”

Court is only concerned with the enforcement and application of the law. The wisdom of the law and it’s effectivity lies within the legislative (enactment), and executive (veto).

Question 9

What are the remedies for excessive penalties?

Answer 9

a. ) Amendments (by congress)

b. ) Clemency (by the executive)

Question 10

There are no excessive penalties to ____________.

Answer 10

Public policy (mala prohibitum)

Question 11

Article 21

Answer 11

No felony shall be punished by any penalty not prescribed prior to its commission.