Weems v. United States

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Conclusions

1. Where the statute unites all the penalties, the court cannot separate them, even if separable, unless it is clear that the union was not made imperative by the legislature; and, in this case, held that the penalties of cadena temporal, principal and accessories, under art. 56 of the Penal Code of the Philippine Islands, are not independent of each other. Where the minimum sentence which the court might impose is cruel and unusual within the prohibition of a bill of rights, the fault is in the law, and not in the sentence, and if there is no other law under which sentence can be imposed, it is the duty of the court to declare the law void. Where sentence cannot be imposed under any law except that declared unconstitutional or void, the case cannot be remanded for new sentence, but the judgment must be reversed with directions to dismiss the proceedings. In this case, the court declared § 56 of the Penal Code of the Philippine Islands, and a sentence pronounced thereunder, void as violating the provision in the Philippine bill of rights contained in 5 of the act of July 1, 1902, c. 1369, 32 Stat. 691, against the imposition of excessive fines and the infliction of cruel and unusual punishment, insofar as being prescribed for an offense by an officer of the Government of making false entries in public records as to payments of 616 pesos, the punishment being a fine of 4,000 pesos and cadena temporal of over twelve years with accessories, such accessories including the carrying of chains, deprivation of civil rights during imprisonment, and thereafter perpetual disqualification to enjoy political rights, hold office, etc., and subjection besides to surveillance.