CRIMINAL LAW Flashcards
Criminal Law
A branch or division of law which defines crimes, treats of their nature, and provides for their punishment.
An act committed or omitted in violation of a public law forbidding or commanding it.
Crime
Sources of Philippine Criminal Law
- The Revised Penal Code
- Special Penal Laws passed by the Philippine Commission, legislature, (National) Assembly, Congress, Batasang Pambansa
- Penal Presidential Decree issued during Martial Law
Unwritten body of principles, usage, and rule of action which do not rest for their authority upon expressed and positive declaration of the will of legislature. NOT RECOGNIZED IN THE PHILIPPINES.
Common Law Crimes
Has the authority, under its police power to define and punish crimes and to lay down the rules of criminal procedure.
Has a large measure of discretion in creating and defining criminal offenses.
State
An attribute that by natural law belongs to the sovereign power instinctively charged by the common will of the members of the society to look after, guard, and defend the interest of the community, the individual and social rights, and liberties of every citizen, and the guarantee of the exercise of his rights.
Right of Prosecution and Punishment
The Bill of Rights of the 1987 Philippine Constitution imposed the following limitations on the power of the law making body to enact penal legislation.
- No ex post facto law or bill of attainder shall be enacted.
- No person shall be held to answer for a criminal offense without due process of law.
Prohibits the passage of of law (retroactive) that is prejudicial to the accuse.
Prohibits an act which would inflict punishment without judicial trial.
No ex post facto law or bill of attainder shall be enacted
Requires that criminal laws must be of general application and must clearly define the acts and omissions punished as crimes.
No person shall be held to answer for a criminal offense without due process of law (second limitation).
Ex post facto law is?
- Makes criminal an act done before the passage of the law and which was innocent when done, and punished such an act.
- Aggravates a crime, or makes it greater than it was when committed.
- Changes the punishment and inflicts greater punishment than the law annexed to the crime when committed.
- 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.
- Assumes to regulate civil rights and remedies only, in effect imposed penalty of deprivation of a right for something which when done was lawful.
- Deprives a person accused of crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.
Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.
Bill of Attainder
Article III Bill of Rights of the 1987 Philippine Constitution
Constitutional Rights of the accused
Sec 1, Rule 115 of the Revised Rules on Criminal Procedure.
Statutory Rights
The right of the accused to confrontation and cross-examination (personal).
The Right of the accused which may be WAIVED
The Right of the accused to be informed of the nature and cause of accusations against him (involves public interest which may be affected).
Rights of the accused which may NOT be WAIVED
Characteristics of Criminal Law that makes the law binding on all persons who live or sojourn in Philippine territory (Art. 14 of the NCC)
[The courts] not affected by the military character of the accused.
Civil courts have concurrent jurisdiction with general court martial over soldiers of the AFP.
RPC or other Penal Laws are not applicable when Military Court takes cognizance of the case ( Article of War).
General
Service connected crimes or offenses (Art. 54-70; 72-92; 95-97 of commonwealth act 408 as amended)
Article of War
Requires that the accused must be heard in court competent jurisdiction, proceeded against under the orderly upon notice to him, with an opportunity to be heard, and a judgement awarded within the authority of a constitutional law.
Due Process of Law
Requires intrinsic validity of the law interfering with the rights of the person to his life, liberty, or property.
Substantive Due Process
Consists two basic rights; (a) notice and hearing, (b) and guarantee of being heard by an impartial and competent tribunal.
Procedural Due Process
Requires that all persons or things similarly situated should be treated alike, both as rights conferred and responsibilities imposed.
Don’t give undue favors and unjustly discriminate against others.
Guarantee that all persons or glass of persons shall receive the same protection of laws which is enjoyed by other persons or other classes in like circumstances.
Equal Protection
Constitutional prohibition on the imposition of unusual fines applies to criminal prosecution.
For a penalty to be considered obnoxious to the constitution it needs more than being harsh, excessive, out of proportion or severe.
The penalty must be flagrantly and plainly oppressive or so disproportionate to the offense committed shocking the moral sense of all reasonable person as to what is right and proper under circumstances.
Excessive Fines
Violation of the Bill of Rights, by extreme corporal or psychological punishment that strips the individual of his humanity.
Character of the punishment rather than the severity.
Cruel and Unusual Punishments
Exception to the General application of Criminal Law
- Article 2 of the RPC - “…Except as provided in the treaties and laws of preferential application.
- Article 14 of the NCC - “…Subject to the principles of public international law and to treaty stipulations”
