Criminal Law

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Name: Miraflores, Mary Kayesie D.

Block: 3-Alpha

Criminal Law 1

1. Definition of Criminal Law


Criminal law define as a body of law which defines crimes, treats of their nature
and provides for their punishment.

2. Criminal Law differentiated from Criminal Procedure


The differences between the two is Criminal law defines the rights and
obligations of an individual while Criminal procedure is all about the enforcement
of individual rights during criminal process.

3. Definition:
Crime- it is an act omitted or committed punishable by law.
Felony- defined under the code as an act or omission punishable by law,
committed through culpa (fault) or dolo (deceit). The words “punishable by law”
means that the act or omission must be defined and punished by the Revised
Penal Code.
Offense- crime committed punishable by Special Penal Laws.
Misdemeanor- less serious than felonies and carry lighter penalties. Typically,
such penalties may include less than a year in jail, community service, fines,
rehabilitation and/or probation.

4. Sources of Philippine Criminal Law


The sources of criminal law in the Philippines are: The Revised Penal Code (RA
3815) and its amendments; Republic Acts; Presidential Decrees, and other
Special Penal laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines, and
the Batasang Pambansa.

5. Characteristics of Criminal Law


The Criminal Law has 3 main characteristics
 Generality means that the criminal law of the country governs all persons
who lives or sojourns in the Philippines (Article 14, NCC).
 Territoriality means that the penal laws of the country have force and
effect only within the National Territory of the Philippines, subject to certain
exceptions brought about by international agreements and practice. The
territory of the country is not limited to the land where its sovereignty
resides but includes also its atmosphere, its interior waters and maritime
zone, including those outside of its jurisdiction as provided in Article 2,
paragraphs 1-5 of RPC.
 Prospectivity means the law acts or omissions will only be subject to a
penal law if they are committed after a penal law had already taken effect.
Vice-versa, this act or omission which has been committed before the
effectivity of a penal law could not be penalized by such penal law.
Exception: (1) when new statute it is favorable to the accused and (2) the
accused is not a habitual delinquent (Article 22 of RPC).

6. Theories in Criminal law


 Classical Theory – Man is essentially a moral creature with an absolute
free will to choose between good and evil and therefore more stress is
placed upon the result of the felonious act than upon the criminal himself.
 Positivist Theory – Man is subdued occasionally by a strange and
morbid phenomenon which conditions him to do wrong in spite of or
contrary to his volition.

7. Differentiate crimes Mala In Se and crimes Mala Prohibita


Mala In Se (evil in itself) – A crime or an act that is inherently immoral, example;
Murder, Arson, Rape.
Mala Prohibita (prohibited evil) – An act that is a crime merely because it is
prohibited by statute, although the act itself is not necessarily immoral, example;
Gambling and Parking violations.

8. What is Proximate cause


Proximate cause has been defined as that which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces injury, and
without which the result would not have occurred. Example: Car A hits Car B
because Car A enter an intersection even though the traffic light is red cause
harm to Car B.

9. Know the following Legal Maxims:


a. Nullum crimen nulla poena sine lege
(There is no. crime when there is no law punishing the same) – No matter
how wrongful, evil or bad the act is, if there is no. law defining the act, the
same is not considered a. crime.

b. Actus non facit reum, nisi mens sit rea


“An act does not make a person guilty unless there is a guilty mind.” It
highlights that both the physical act and the corresponding guilty intention
are necessary to establish criminal liability.
c. Actus me invito factus non est meus actus
The act done by me against my will is not my act.
d. Doctrine of Pro reo
Means that a defendant may not be convicted by the court when doubts
about his or her guilt remain.
e. El que es causa de la causa es causa del mala causado
He who is the cause of the cause is the cause of the evil caused. A
person committing a felony is responsible for all the natural and logical
consequences resulting from it although the unlawful act performed is
different from the one he intended.

10. Articles 1-10


Article 1. Time when Act takes effect. – This Code shall take effect on the first
day of January, nineteen hundred and thirty-two.

Article 2. Application of its provisions. – Except as provided in the treaties and


laws of preferential application, the provisions of this Code shall be enforced not
only within the Philippine Archipelago, including its atmosphere, its interior waters
and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY


Chapter One
FELONIES
Article 3. Definitions. – Acts and omissions punishable by law are felonies
(delitos). Felonies are committed not only be means of deceit (dolo) but also by
means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill.

Article 4. Criminal liability. – Criminal liability shall be incurred:


1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would be an offense against persons
or property, were it not for the inherent impossibility of its accomplishment or
an account of the employment of inadequate or ineffectual means.

Article 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. –
Whenever a court has knowledge of any act which it may deem proper to repress
and which is not punishable by law, it shall render the proper decision, and shall
report to the Chief Executive, through the Department of Justice, the reasons
which induce the court to believe that said act should be made the subject of
legislation.
In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused by
the offense.

Article 6. Consummated, frustrated, and attempted felonies. – Consummated


felonies as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all
the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator.
There is an attempt when the offender commences the commission of a felony
directly or over acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than this own
spontaneous desistance.

Article 7. When light felonies are punishable. – Light felonies are punishable only
when they have been consummated, with the exception of those committed
against person or property.

Article 8. Conspiracy and proposal to commit felony. – Conspiracy and proposal


to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes
its execution to some other person or persons.
Article 9. Grave felonies, less grave felonies and light felonies. – Grave felonies
are those to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional, in accordance with the above-mentioned
Art. Light felonies are those infractions of law for the commission of which a
penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.

Article 10. Offenses not subject to the provisions of this Code. – Offenses which
are or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.

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