and shall report to the Chief Executive through the Department ofJustice the

And shall report to the chief executive through the

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and shall report to the Chief Executive, through the Department ofJustice, the reasons which induce the court to believe that said act should be made the subject of penal legislation. In the same way the court shall submit to the Chief Executive, through the Department ofJustice, such statement as may be deemed proper, without suspending the execution ofthe sentence, when a strict enforcement ofthe 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. b. What is the duty of the when the penalty prescribed for a felony is exceessive Atty. Degoma input The Court should render the proper decision or judgment of CONVICTION The court should call the attention of the President on the matter. For instance, abduction with rape was committed by the son with the complicity of his mother. The penalty of reclusion perpetua imposed on the mother is the same as the sons which the Court felt to be excessive. She acquiesced to cooperate with the accused on account of maternal concern. She must have agonized with her son who did not know how to court the girl of his dreams, both of them being unschooled. (People vs Villorente) The 2nd paragraph of Art. 5 requires that — 1. The court after trial finds 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 accused 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. Courts have the duty to apply the penalty provided by law (People vs Veneracion) Article 6: Consummated, frustrated, and attempted felonies a. When is a felony is consummated A felony is consummated when all the acts necessary for its accomplishment and execution are present. The offender does not have to do anything else to consummate the offense. He has already reached the objective stage of the offense as he no longer has control of his acts having already performed all that is necessary to accomplish his purpose. Formal crimes are always consummated because the offender cannot perform all the acts necessary to execute the offense without consummating it. Physical injuries are formal crimes since these are punished as to result and the gravity of the injury cannot be determined whether slight, less serious or serious unless and until consummated. Slander is a formal crime because the moment A felony is consummated when all the elements necessary for its execution and accomplishment are present.
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  • Spring '17
  • john doe

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