On
Art. 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

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.