People v Dionisio; G.R. No. L-25513; 27 Mar 1968; 22 SCRA 299

in Legal Chyme by

Appellant was charged with and convicted of violating Republic Act No. 3063 and sentenced to imprisonment for one month.

Whether or not the penalty imposed in RA 3063 infringes the constitutional provision against cruel and harsh punishment.

NO. Mere severity does not constitute cruel or unusual punishment. The fact that the punishment authorized by the statute is severe does not make it cruel and unusual. To come under the ban, the punishment must be “flagrantly and plainly oppressive”, “wholly disproportionate to the nature of the offense as to shock the moral sense of the community.”

Decision appealed from is AFFIRMED.

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