Art.

5: Duty Of The Courts, Acts Not Covered By Law On Criminal Law

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

Note: Paragraph 2 does not apply to crimes punishable by special law, including
profiteering, and illegal possession of firearms or drugs. There can be no executive
clemency for these crimes.

Article 5 covers two situations:

1. The court cannot convict the accused because the acts do not constitute a
crime.

a. The proper judgment is acquittal.

b. The court is mandated to report to the Chief Executive that said act be made
subject of penal legislation and why.

2. Where the court finds the penalty prescribed for the crime too harsh
considering the conditions surrounding the commission of the crime,
a. The judge should impose the law.
b. The most that he could do is recommend to the Chief Executive to grant
executive clemency.