Art.5 Duty of the Court

Question 1

What is ARTICLE 5 of the RPC?

Answer 1

DUTY OF THE COURT IN CONNECTION WITH ACTS WHICH SHOULD BE REPRESSED BUT WHICH UNCOVERED BY LAW.

1. Whenever a court has knowledge of an act which it may deem proper to repress, and is not punishable by law, it shall render the proper decision and report to the chief executive through the DOJ the reasons which induce the court to believe that the said act should be made the subject of penal legislation
2. In the same way, the court shall submit to the CE thru the DOJ such statement as may be deemed proper, without suspending the execution of the sentence, when a strict imposition of the provisions of this code would result in a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

Question 2

What are the requirements for the TRIAL of a CRIMINAL case?

Answer 2

1. The act is not punishable by any law
2. Court deems proper to repress such act
3. Must dismiss and acquit the accused
4. Judge makes report to Chief Executive through DOJ stating reasons why such act should be penalized

Question 3

“Nullum crimen, nulla poena sine lege”

Answer 3

No LAW = no crime

Question 4

What are the REQUIREMENTS for EXCESSIVE PENALTIES

Answer 4

1. Court finds accused GUILTY
2. Penalty provided by law appears excessive due to:
   a. Accused acted with less malice
   b. No injury / less injury caused
3. Court should not suspend the sentencing
4. Submit statement to Chief Executive through DOJ recommendation for clemency

Question 5

PEOPLE V. MONLEON

Drunk father maltreats wife who was defending negligent son. Wife dies due to weak constitution. Death penalty would be too excessive since he would not have assaulted wife if not for drunk state.

Excessive?

Answer 5

EXCESSIVE PENALTY!

Question 6

PEOPLE V. ESPINO

Father and son steal food from grocery due to excessive hunger and need for survival. 1 year imprisonment seems too much.

Excessive?

Answer 6

EXCESSIVE PENALTY!

Question 7

When is penalty not excessive?

Answer 7

ENFORCING PUBLIC POLICY

1. Rampant lawless acts against property, person, and gov’t security with use of extreme means
2. Those selling products way higher than SRP are given a fine which should deter them from