Article 5

Question 1

Paragraph 1 (Trial of a criminal case) Requisites

Answer 1

1) The act committed by the accused appears not punishable by any law
2) But the court deems it proper to repress such act
3) Court must render proper decision by dismissing the case and acquitting the accused
4) Report to Chief Executive through Secretary of justice, stating reasons which induce him to believe that said act should be made subject of penal legislation

“there is no crime if there is no law that punishes the act”

Question 2

Paragraph 2 Requisites

Answer 2

1) Court after trial finds accused guilty
2) Penalty provided by law appears to be clearly excessive
- - accused acted with lesser degree of malice and/or
- - there is no injury or the injury caused is of lesser gravity
3) The court should not suspend the execution of the sentence
4) The judge should submit a statement to the chief executive, recommending executive clemency.

Question 3

Exception to excessive penalties

Answer 3

When intended to enforce a public policy

Question 4

Exceptions to Paragraph 2

Answer 4

1) No application to offenses defined and penalized by a special law
2) Not applicable to crimes involving mala prohibita