Crim 1 Reviewer

CRIMINAL LAW 1 **the power to define and punish crimes is vested in the STATE,
under its police power; the right to prosecute and punish is vested in
the SOVEREIGN POWER, which is the Filipino people.
CRIMINAL LAW – that branch or division of law which defines crimes,
SOURCES OF PH CRIMINAL LAW
treats of their nature and provides for their punishment.
1. The Revised Penal Code (Act No. 3185) and its amendments.
How to define a crime – (1) what particular act constitutes a crime
2. Special Penal Laws passed by:
(2) what are the elements of the act -PH Commission
-PH Assembly
CRIMINAL PROCEDURE- body of rules that enforces or regulates -PH Legislature
Criminal Law; provides for the steps in the prosecution and/or -National Assembly
conviction of an accused -Congress of the PH
CRIME- an act committed or omitted in violation of a public law -Batasang Pambansa
forbidding or commanding it. 3. Penal Presidential Decrees issued during Martial Law
CRIMINAL LAW CRIMINAL PROCEDURE **Court decisions are not sources of criminal law – they merely
substantive Remedial explain the meaning of, and apply, the law as enacted by the
Prospective; unless favorable to Retroactive
legislative branch of the government.
the accused provided that he is
not a habitual delinquent
Only comes from the legislative In favor of the ends of
or law- making body; never substantial justice Violation against:
from the executive or judiciary RPC – felony
Can be promulgated by the Special laws or statutory offense – offense
judiciary Municipal Ordinance – infraction or misdeamenor
No common law crimes in the PH.

The Revised Penal Code (RPC; enacted January 1, 2932)
-was created by a committee formed pursuant to AO No. 94-
State- has the authority, under its police power (enactment of laws),
it contains provisions of the Spanish Penal Code, US Penal Code, and
to define and punish crimes and to law down rules of criminal
SC decisions of the PH before the creation of the RPC.
procedure.
The right of prosecution and punishment for a crime is one of the
attributes that by a natural law belongs to the sovereign power. Constitutional rights of the accused (Bor):
1. right to a speedy disposition of their cases
Limitations on the power of the legislative department to enact 2. due process
penal legislation (from the BoR): 3. all persons, except those charged with criminal offenses
punishable by reclusion perpertua when evidence of guilt is
1. No ex post facto law or bill of attainder shall be enacted. strong, shall, before conviction, be bailable by sufficient
**first limitation prohibits the passage of retroactive laws which are sureties – the right to bail shall not be impaired when the
prejudicial to the accused. privilege of the writ of habeas corpus is suspended.
**to give a law retroactive application to the prejudice of the accused 4. Accused shall be presumed innocent until the contrary is
is to make it an ex post facto law provided
2. No person shall be held to answer for a criminal offense 5. No person shall be compelled to be a witness against himself
without due process of law. 6. Excessive fines shall not be imposed
** second limitation requires that criminal laws must be of general 7. No personal shall be twice put in jeopardy of punishment for
application and must clearly define the acts and omissions punished the same offense.
as crimes. 8. Free access to the courts and quasi- judicial bodies and
adequate legal assistance shall not be denied to any reason
An ex post facto law is one which: of poverty
1. makes criminal an act done before the passage of the law and
which was innocent when done, and punished such an act; Statutory rights:
2. aggravates a crime 1. To be presumed innocent until the contrary is proved beyond
3. changes the punishment and inflicts a greater punishment reasonable doubt
than the law annexed to the crime when committed; 2. To be informed of the nature and cause of the accusation
4. alters the legal rules of evidence against him
5. assumes to regulate civil rights and remedies only 3. To be present and defend in person and by counsel at every
6. deprives a person accused of a crime some lawful protection stage of the proceedings
to which he has become entitled, such as the proclamation 4. To testify as a witness in his own behalf but subject to cross-
of amnesty examination
5. To be exempt from being compelled to be a witness against
Bill of attainder- a legislative act which inflicts punishment without himself
trial. Its essence is the substitution of a legislative act for a judicial 6. To confront and cross- examine the witness against him at
determination of guilt. the trial.
7. To have compulsory process issued to secure the attendance Sweet) – HOWEVER, the RPC or other penal law is not
of witnesses and production of other evidence in his behalf applicable when the military court takes cognizance of
8. To have a speedy, impartial and public trial the case
9. To appeal in all cases allowed and in the manner prescribed
by law Persons exempt from the operation of our criminal laws by virtue
of the principles of public international law:
right of the accused to confrontation and cross- examination – may
be waived (personal) 1. Sovereigns and other chiefs of state
2. Ambassadors, ministers plenipotentiary, ministers resident,
right of the accused to be informed of the nature and cause of the and charges d’ affaires
accusation against him – may not be waived (involves public interest **diplomatic representatives, such as ambassadors or public
which may be affected) ministers and their official retinue, possess immunity
CHARACTERISTICS OF CRIMINAL LAW Diplomat- immuned because political function

1. General – binding on all persons who live or sojourn in the PH Consuls- not immuned because function is commercial in nature
territory
exception: except as provided in the treaties and laws TERRITORIAL:
of preferential application EX. Military Bases
Agreement of 1947 Principle of territoriality- means that as a rule, penal laws of the PH
2. Territorial- that criminal laws undertake to punish crimes are enforceable only within its territory
committed within PH territory
exception: article 2, par. 2 of RPC COMPONENTS OF A CASE
3. Prospective – that a penal law cannot make an act punishable 1. Criminal aspect- seeks the imposition of penalty provided by
in a manner in which it was not punishable when committed law
exception: if favorable to the accused as long as.. 2. Civil aspect- for the interest of the offended party; to seek
payment of damages or for indemnity.
 Role of the offended party- act as a witness for the
government
GENERAL:  Compromise agreements- affidavit of desistance (has to
be signed by the prosecution)
 As a general rule, the jurisdiction of the civil courts is not
affected by the military character of the accused (US v
PROSPECTIVE: EFFECTS OF REPEAL OF PENAL LAW
Exceptions to the prospective application of criminal laws 1. If the repeal makes the penalty lighter in the new law – new
- If it is favorable to the accused EXCEPT: law shall be applied
EXCEPT when the offender is a habitual delinquent
1. When the new law is expressly made inapplicable to pending or it cannot be applied to pending actions
actions 2. If the new law imposes higher penalty – the law in force at
2. Where the offender is a habitual deliquent the time of the commission of the offense shall apply.
3. If the new law totally repeals the existing law so that the act
Habitual delinquent – if within a period of ten years from the date of which was penalized under the old law is no longer
his release or last conviction of the crimes of serious or less serious punishable, the crime is obliterated. (abolished)
physical injuries, robbery, theft, estafa, or falsification, he is found
guilty of any said crimes a third time or oftener. (Art. 62) **penal laws are strictly construed AGAINST THE GOVT and
LIBERALLY in favor of the accused.
REPEALS
1. ABSOLUTE or EXPRESS
- The effect is DECRIMINALIZATION
- Obliteration of a crime
- For pending cases, the case shall be dismissed
- For those serving time, they shall be released because there
is no more reason for the accused to serve time
2. PARTIAL or IMPLIED
- The crime is punishable but modified. i.e. in terms of penalty
- Robin Padilla’s case – reduced the penalty
3. SELF- REPEALING
- Is deemed repealed upon expiration of the date specified by
law
- The law dies a natural death- Rent Control Law

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CRIMINAL LAW 1 **the power to define and punish crimes is vested in the STATE,

No common law crimes in the PH.

CHARACTERISTICS OF CRIMINAL LAW Diplomat- immuned because political function

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