Criminal Law 1

Question 1

Three (3) sources of Philippine Criminal Law

Answer 1

1) Revised Penal Code (Act No. 3815) and its amendments
2) Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines and the Batasang Pambansa
3) Penal Presidential Decrees issued during Martial Law

Question 2

Three (3) limitations on the power of the lawmaking body to enact penal legislation

Answer 2

1) No EX POST FACTO law or bill of attainder shall be enacted
2) No person shall be held to answer for a criminal offense without due process of the law
3) No to infliction of cruel punishments

Question 3

Nine (9) STATUTORY RIGHTS of the accused

Answer 3

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
4) To testify to witness in his own behalf BUT subject to cross-examination on matters covered by direct examination
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
7) To have compulsory process issued to secure the attendance of witnesses and production of evidence in his behalf
8) To have a speedy, impartial and public trial
9) To appeal in all cases allowed and in the manner prescribed by law

Question 4

Three (3) main characteristics of criminal law

Answer 4

1) General
2) Territorial
3) Prospective

Question 5

Two (2) exceptions to the general application of Criminal Law

Answer 5

1) “Except as provided in the treaties and laws of preferential application.” -Article 2 of the Revised Penal Code
2) “Subject to the principles of public international law and to treaty stipulations.” -Article 14 of the New Civil Code

Question 6

Three (3) elements of felonies

Answer 6

1) there must be an act or omission
2) it must be punishable by the Revised Penal Code
3) the act performed or the omission incurred by means of dolo (deceit) or culpa (fault)

Question 7

Three (3) requisites of dolo or malice

Answer 7

1) freedom
2) intelligence
3) intent

Question 8

Three (3) requisites of culpa or fault

Answer 8

1) freedom
2) intelligence
3) imprudent, negligent, or lacks foresight or skill