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JD > CRIMINAL LAW > Flashcards

CRIMINAL LAW Flashcards

1
Q

Criminal Law

A

A branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

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2
Q

An act committed or omitted in violation of a public law forbidding or commanding it.

A

Crime

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3
Q

Sources of Philippine Criminal Law

A
  1. The Revised Penal Code
  2. Special Penal Laws passed by the Philippine Commission, legislature, (National) Assembly, Congress, Batasang Pambansa
  3. Penal Presidential Decree issued during Martial Law
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4
Q

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.

A

Common Law Crimes

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5
Q

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.

A

State

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6
Q

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.

A

Right of Prosecution and Punishment

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7
Q

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.

A
  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 law.
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8
Q

Prohibits the passage of of law (retroactive) that is prejudicial to the accuse.

Prohibits an act which would inflict punishment without judicial trial.

A

No ex post facto law or bill of attainder shall be enacted

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9
Q

Requires that criminal laws must be of general application and must clearly define the acts and omissions punished as crimes.

A

No person shall be held to answer for a criminal offense without due process of law (second limitation).

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10
Q

Ex post facto law is?

A
  1. Makes criminal an act done before the passage of the law and which was innocent when done, and punished such an act.
  2. Aggravates a crime, or makes it greater than it was when committed.
  3. Changes the punishment and inflicts 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 imposed penalty of deprivation of a right for something which when done was lawful.
  6. 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.
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11
Q

Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.

A

Bill of Attainder

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12
Q

Article III Bill of Rights of the 1987 Philippine Constitution

A

Constitutional Rights of the accused

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13
Q

Sec 1, Rule 115 of the Revised Rules on Criminal Procedure.

A

Statutory Rights

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14
Q

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

A

The Right of the accused which may be WAIVED

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15
Q

The Right of the accused to be informed of the nature and cause of accusations against him (involves public interest which may be affected).

A

Rights of the accused which may NOT be WAIVED

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16
Q

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).

A

General

17
Q

Service connected crimes or offenses (Art. 54-70; 72-92; 95-97 of commonwealth act 408 as amended)

A

Article of War

18
Q

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.

A

Due Process of Law

19
Q

Requires intrinsic validity of the law interfering with the rights of the person to his life, liberty, or property.

A

Substantive Due Process

20
Q

Consists two basic rights; (a) notice and hearing, (b) and guarantee of being heard by an impartial and competent tribunal.

A

Procedural Due Process

21
Q

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.

A

Equal Protection

22
Q

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.

A

Excessive Fines

23
Q

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.

A

Cruel and Unusual Punishments

24
Q

Exception to the General application of Criminal Law

A
  1. Article 2 of the RPC - “…Except as provided in the treaties and laws of preferential application.
  2. Article 14 of the NCC - “…Subject to the principles of public international law and to treaty stipulations”
25
Q

A law to penalize acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic representatives [RA 75; Sec 4-5 & 7(Doctrine of Reciprocity)]

A

Law of Preferential Application

26
Q

Persons exempt from the operation of Philippine Criminal Law by virtue of the principles of Public International Law.

A
  1. Sovereign and other Chief of States (Anarchic System)
  2. Ambassador, Ministers, Plenipotentiary, Minister Resident, and Charges d’affaires.
27
Q

Not entitled to the privileges and immunities of an ambassador or minister, but is subject to laws and regulations of the country to which he is accredited.

A

Consuls and Vice Consuls

28
Q

Diplomatic Representation of a government in another country

A

Diplomats

29
Q

Representation of public administration

A

Consulates

30
Q

Characteristics of Criminal Law that undertake to punish crimes committed within the Philippine territory (enforceability of the Laws within the territory)

A

Territorial

31
Q

Extent of Philippine territory for purposes of Criminal Law

A
  1. Article 2 of the RPC - shall be enforced within the Philippine Archipelago including its atmosphere, its interior waters, and maritime zone.
  2. Article 1 of the 1987 Ph Constitution - National Territory defined
32
Q

Exception to the Territorial Application of Criminal Law

A
  1. Should commit an offense while on a Philippine ship or airship (aircraft).
  2. Should forge or counterfeit any coin or currency note of the Philippines or obligation and securities issued by the Government of the Philippines.
  3. Should be liable for acts connected with the introduction into 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.
  5. Should commit any crimes against national security and the law of nations, defined in Title One of Book 2 of the Revised Penal Code.
33
Q

Characteristics of Criminal Law in which it cannot make an act punishable in a manner in which it was not punishable when committed

A

Prospective

34
Q

Crimes are punished under the laws in force at the time of their commission

A

Article 366 of the Revised Penal Code

35
Q

Exception to the Prospective Application of Criminal Law

A

When it is more LENIENT and FAVORABLE to the accused (Art. 4 of the NCC)

36
Q

Exception of the Prospective Application Criminal Law has no Application

A
  1. When the new law is expressly made inapplicable to pending actions or existing causes of action (Art. 4 of the NCC - unless otherwise provided)
  2. Where the offender is a habitual delinquent under Rule 5, Art. 62 of the RPC (Art. 22, RPC)
37
Q

Different effects of Repeal of Penal Law

A
  1. If the Repeal makes the penalty lighter the new law shall apply except when the offender is a habitual offender/delinquent or when the new law is made inapplicable 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 commission 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.
38
Q

A legislative act expires by its own limitations, the effect is the same as though it had been repealed at the time of its expiration; and it is recognized rule in this jurisdiction that the Repeal law carries with it the deprivation of the courts jurisdiction to try convict and sentence person in-charge with violation of the old law prior to the Repeal law. (Prescripted duration)

A

Self-Repealing Laws

39
Q

Construction of Penal Laws

A
  1. Penal Laws are construed against the government and liberally in favor of the accused.
  2. In the construction and interpretation of the provision of the RPC the Spanish text is controlling because it was approved by the Philippine legislature in its Spanish texts.

JD (3 decks)

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