Article 5

Question 1

ACTS WHICH SHOULD BE REPRESSED BUT ARE NOT COVERED BY THE LAW

Answer 1

1. The act omitted by the accused appears not punishable by any law;
2. But the court deems it proper to repress such act;
3. In the case, the court must render the proper decision by dismissing the case and acquitting the accused;
4. The judge must then make a 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 2

EXCESSIVE PENALTIES

Answer 2

1. The court after trial find the accused guilty
2. The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive because –
   a. The accuse acted with lesser degree of malice, and/or;
   b. 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, through the Secretary of Justice, recommending executive clemency.

Question 3

DOCTRINE

Answer 3

Courts have the duty to apply the penalty provided by law, Judge has the duty to apply the law as interpreted by the Supreme Court.