Dapat ipataw ng korte kahit na sobra ang parusa ng batas

Ayon sa batas, kahit na labis o sobra ang parusa ng batas, walang magagawa ang korte kundi ipataw ito. Ang dapat gawin ng korte ay isumbong sa Presidente ang problemang ito. Act 3815's Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. - Whenever a court has knowledge of any 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 legislation. 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 the injury caused by the offense.

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