Intro To Crim Law

Question 1

Criminal Law

Answer 1

Branch or division of law which defines crimes, treats for their nature and provides for theor punsihment

Question 2

Sources of Philippine Criminal Law

Answer 2

1. RPC and its amendments
2. Special Penal Laws
   (passed by Phil Com, Phil Ass, Phil Leg, Nat Ass, Congress of the Phil and Batasang Pambansa)
3. Penal Presidential Decrees
   (passed during Martial Law)

Question 3

Why are Court decisions not a source of Criminal Law

Answer 3

They merely explain the meaning of and apply the law as enacted by the legislative branch of the government.

Question 5

Is common law recognized in the Philippines?

Answer 5

No. Unless there be a particular provision in the penal code or special law that defines or punishes the act, even if it is socially or morally wrong, no criminal responsibility is incurred by its commission (U.S. vs Taylor).

Question 6

what are the limitations on the power of the law makibg body to enact penal legislation?

Answer 6

The Bill of Rights under the 1987 Contitution imposes the following limitations:

1. No ex post facto law or bill of attainder shall be enacted (Art. III, Sec 22)
2. No person shall be held to answer for a criminsl offense without due process of law (Art. III, Sec 14 [1]).

Question 7

What is an ex post facto law?

Answer 7

1. Makes criminal an act done before the passsqge of the law and which was innocent when done, and punishes such an act.
2. Aggravates a crime or makes it greater than it was, when committed.
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed.
4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense.
5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when dine was lawful.
6. Deprives a person accused of a crime some lawful protection to which he has been entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

Question 8

Bill of Attainder

Answer 8

Another limitation on the power of Congress in enacting penal laws. It is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.

Question 9

What are the Constitutional Rights of the accused?

Answer 9

1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Sec. 16)
2. No person shall be held to answer for a criminal offense without due process oflaw. (Sec. 14[1])
3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.

The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.

Excessive bail shall not be required. (Sec. 13)

4. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. (Sec. 14[2])
5. No person shall be compelled to be a Witness against himself. (Sec. 17)Any person under investigation for the commission of an offense shall have the right to be informed of his right to remam’ silent and to have competent and independent counsel preferably of his own choice.
   If the person cannot afford the services of counsel, he must be provided with one.
   These rights cannot be waived except in writing and m the presence of counsel. (Sec. 12[1],)
   No torture force violence threat, intimidation, or any other means which waste the free will shall be used against him. Secret detention places, solitary, incommunicado orother Similar forms of detention are prohibited. (Sec 12[2])
   Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (Sec. 12[3])
6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19[1])
7. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a laW and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Sec. 21)
8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (Sec. 11)

Question 10

What are the Statutory Rights of the accused?

Answer 10

Section 1, Rule 115, of the Revised Rules on Criminal Procedure provides that in all criminal prosecutions, the accuse shall be entitled:

1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
2. To be informed of the nature and cause of the accusation against him.
3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgatlon of the judgment. X x x
4. To testify as a Witness in his own behalf but subject to cross- examm’ation on matters covered by direct examination. His silence shall not in any manner prejudice him.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him at the trial. X x x
7. To have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in maaner prescribed by the law.

Question 11

Waht arre the rights of the accused which may be waived?

Answer 11

The right of the accused to confrontation and cross-examination.

Question 12

What are the rights of teh accused which may not be waived?

Answer 12

The right to be informed of teh nature and cause of teh accusation against him.

Question 13

What is the reason or principle underlying the differenc between rights that maybe waived and which may not be waived?

Answer 13

Those rights which may be waived are personal, while those that may not be waived involved public interest which may be affected.

Question 14

Common Law Crimes

Answer 14

Known in the US and the UK as the body of principles, usages and rules of action which do not rest for their authority upon any express and positive declaration of the will of the legislature.

It is not recognized in the Philippines.

Question 15

Characterisctic of Criminal Law

Answer 15

1. General
2. Territorial
3. Prospective

Question 16

General

Answer 16

Criminal Law is Binding on al persons who live and sojourn in the Phlippine territory. (Art. 14, NCC)

Question 17

Territorial

Answer 17

Crminal law undertakes to punish crimes committed within the Philippine territory.

Art. 2, RPC
Art.I, 1987 Constitution

Question 18

Prospective

Answer 18

A penal law cannot make an act punishable in a manner which it was not punishable when committed.

Question 19

Exceptions to general application of criminal law

Answer 19

1. Treaties and stipulations
   (ex. VFA bet Phil and US)
2. Law of preferential application

RA No. 75 in favor of diplomatic representatives and their domestic servants.

(Applicable only to countries which provides similar protection to our diplomatic representatives.)

3. By virtue of principle of public international law

Question 20

Exceptions to the territorial application of criminal law

Answer 20

Article 2 of the R.P.C. provides that its provisions shall be
enforced outside of the jurisdiction of the Philippines 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 Philippines or obligations and securities issued by the
   Government of’ the Philippines;
3. Should be liable [or acts connected with the introduction
   into the Philippines of the obligations and securities
   mentioned in the preceding number;
4. While being public officers or employees, should commit
   an offense in the exercise of their functions; or
5. Should commit any ofthe crimes against national security
   and the law of nations, defined in Title One of Book Two
   of the R.P.C.

Question 21

Different effects of repeal on penal law

Answer 21

1. If the repeal makes the penalty lighter in the new law,
   the new law shall be applied. except when the offender is
   a habitual delinquent or when the new law is made not
   applicable to pending action or existing causes of action.
2. If the new law imposes a heavier penalty, the law in
   force at the time of the commission of the offense shall
   be applied.
3. If the new law totally repeals the existing law so that the
   act which was penalized under the old law is no longer
   punishable, the crime is obliterated.

Question 22

Exceptions to the prospective application of criminal laws

Answer 22

Whenever a new statute dealing with crime establishes con-

ditions more lenient or favorable to the accuwfl‘sd‘ it can be given a retroactive effect.

Question 23

Exceptions to the exceptions on prospective application of criminal laws.

Answer 23

1. Where the new law is expressly made inapplicable to pending actions or existing causes of action. (Tavera v. Valdez, 1 Phil. 463. 470—471)
2. Where the offender is a habitual criminal under Rule 5, Article 62, R.P.C. (Art. 22, R.P.C.)