General Principles (Notebook) Flashcards
What is the primary goal of criminal law?
To maintain social peace and order [1]. It aims to curb tendencies toward anarchy and disorder [1]. The state has a duty to protect its people by enacting laws [1].
What constitutes a crime?
An act committed that is in violation of penal laws; acts prohibited by law [2]. A crime is not only against the victim but also the entire people of the Philippines because it disturbs social peace [2].
What are the two types of injury when a crime is committed?
- Personal injury against the private offended party [2]. 2. Social injury against the state - breach of peace [2].
What is Common Law, and does it exist in the Philippines?
Common law pertains to legal rules based on usages and traditions, not written statutes [3]. There is no common law in the Philippines; laws must be in writing [3]. The principle “Nullum poena sine lege” means no punishment without law [3].
What is criminal/penal law?
A published substantive law that defines crimes, their nature, and provides punishment [4].
Can a criminal law have a retroactive effect?
Yes, if it is favorable to the accused/convicted [4].
What was the ruling in Jannece Penalosa vs. Jose Ocampo regarding cyber libel?
Cyber libel, committed through a computer system, is punishable only under the Cybercrime Prevention Act, not under Article 355 of the Revised Penal Code (RPC) [5-9]. Article 355 of the RPC covers traditional forms of libel [5, 9]. Criminal laws must be construed strictly against the state and liberally in favor of the accused [5, 7, 9].
What is the principle of “Nullum crimen, nulla poena sine lege”?
No crime, no penalty without law [7, 9].
What was the issue in Inmates of New Bilibid Prison vs. Secretary Leila Delima?
Whether Republic Act (R.A.) No. 10592, which amended the Revised Penal Code (RPC), is a penal law subject to Article 22 of the RPC, mandating the retroactive application of penal laws beneficial to inmates [10, 11].
What are penal laws according to the Supreme Court ruling?
Acts of the legislature that prohibit certain acts and establish penalties for their violations, or those that define crimes, treat of their nature, and provide for their punishment [12].
What are the sources of criminal law?
The Revised Penal Code [13] Republic Acts [13] Special Penal Laws [13] Presidential Decrees [13] Jurisprudence/Court Decisions [13] International Laws/Treaties [13] Penal Executive Orders [13]
What are the limitations on the power of Congress to enact penal laws?
Equal Protection Clause: Laws must apply equally to similarly situated individuals [13, 14]. Due Process: Individuals must be able to present their defense [15]. Non-imposition of cruel and unusual punishment or excessive fines [15]. No Bill of Attainder: A legislative act that inflicts punishment without judicial trial [16]. No Ex Post Facto Law: Laws that retroactively criminalize actions that were legal when committed [16].
What is the principle of Generality in criminal law?
Penal laws are binding on all persons residing or sojourning in the Philippines, regardless of age, sex, color, creed, or personal circumstances [17].
What are the exceptions to the principle of Generality?
Generally accepted principles of international law [18] Laws of preferential application [18] Congressional privilege of speech and debate [18] Presidential immunity from suit [18] Immunities of diplomats [18, 19] Treaty stipulations [18] Visiting Forces Agreements [18]
What was the ruling in Liang vs. People of the Philippines regarding immunity?
An employee of an international organization has only functional immunity, meaning it only applies to acts done in their official capacity [20, 21].
What was the ruling in Khosrow Minucher vs. Court of Appeals regarding foreign agents?
A foreign agent can be granted immunity if they are acting within the directives of the sending state and with the agreement of the host state [22, 23].
What is the extent of immunity for diplomats?
Absolute immunity from criminal prosecution based on generally accepted principles of international law, specifically the Vienna Convention on Diplomatic Relations [19, 24].
What is the extent of immunity for consuls?
Limited functional immunity, meaning they are immune from legal action only if the act is related to their official functions [24].
What is the extent of immunity for international organizations?
Generally, absolute immunity based on agreements between the host state and the organization [25].
What was the ruling in Joseph Estrada vs. Desierto regarding presidential immunity?
A non-sitting president is not entitled to absolute immunity from suit for acts committed while in office [26, 27].
What is the principle of Territoriality in criminal law?
Criminal laws of the Philippines are generally enforceable only within its territory [28, 29]. The national territory includes the Philippine archipelago, its waters, and other territories over which the Philippines has sovereignty [28].
What are the exceptions to the principle of Territoriality?
When a penal statute expressly provides for extraterritorial application, such as the Cybercrime Prevention Act and the Anti-Terrorism Act [30] Under Article 2 of the RPC, when: The offender commits an offense on a Philippine ship or airship [31] The offender forges or counterfeits Philippine currency or securities [31] The offender is a public officer who commits an offense in the exercise of their functions abroad [32] The offender commits an offense against national security [32, 33]
What are the rules regarding jurisdiction over crimes committed on ships?
For crimes on Philippine-registered ships on the high seas, the Philippines has jurisdiction [34]. For crimes on foreign merchant vessels in Philippine waters, the Philippines generally follows the English rule and has jurisdiction unless it involves only internal management [34-36].
What was the ruling in Arigo vs. Swift?
Although warships have immunity, they are liable for damages if they flout the laws of the coastal state [34, 37]
