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Criminal Law 1 > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

What is CRIMINAL LAW?

A

It is a branch of law.

It defines crimes and treats of their nature.

It provides for their punishment.

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2
Q

What is CRIME?

A

It is an act committed or omitted in violation of a public law forbidding or commanding it.

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3
Q

What are the (3) SOURCES of Philippine Criminal Law?

A

1) The Revised Penal Code (Act No. 3815) and its amendments
2) Special Penal Laws
3) Penal Presidential Decrees issued during Martial Law

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4
Q

What is COMMON LAW?

A

It is law developed by judges.

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5
Q

Do we have common law crimes in the Philippines?

A

NO.

In the Philippines, court decisions are not sources of criminal law.

The court merely explain the meaning of, and apply, the law as enacted by the legislative branch.

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6
Q

Who has the authority to define and punish crimes and to lay down the rules of criminal procedures?

A

The State

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7
Q

What are the limitations on the power of the lawmaking 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 the law
3) No to infliction of cruel punishments

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8
Q

What is an EX POST FACTO law?

A

1) It makes criminal an act done before the passage of the law and which innocent when done, and punishes such an act
2) It aggravates a crime, or makes it greater than it was.
3) It changes the punishment and inflicts a greater punishment.
4) It alters legal rules of evidence, and authorizes conviction upon less or different testimony that the law required at the time of the commission of the offense
5) It assumes to regulate civil rights and remedies only.
6) It deprives a person accused of a crime some protection to which he has become entitled.

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9
Q

What is BILL OF ATTAINDER?

A

It is a legislative act which inflicts punishment without trial.

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10
Q

Can any person request for a speedy disposition of their cases?

A

YES. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

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11
Q

Can a person be punished without a trial?

A

NO. No person shall be held to answer for a criminal offense without the due process of the law.

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12
Q

Can a person “bail” and be released before conviction?

A

YES. Before conviction, all persons shall be bailable by sufficient sureties, or be released on recognizance as may be provided by law.

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13
Q

Can a person “bail” when his offenses are punishable by reclusion perpetua?

A

NO. It is an exception.

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14
Q

Is the accused presumed innocent until proven guilty?

A

YES. The accused shall be presumed innocent until the contrary is proven.

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15
Q

Can an accused enjoy the right to be heard by counsel?

A

YES. The accused shall enjoy the right to be heard by himself and counsel.

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16
Q

Can an accused inquire about the nature and cause of the accusation against him?

A

YES. The accused shall enjoy the right to be informed of the nature and cause of the accusation against him.

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17
Q

Can an accused meet the witnesses face to face?

A

YES.

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18
Q

Can an accused have a compulsory process to secure the attendance of witnesses and the production of evidence in his behalf?

A

YES.

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19
Q

Can trial proceed while the accused is absent?

A

YES. But only if the accused has been duly notified and his failure to appear is unjustifiable.

20
Q

Can a person be forced to witness against himself?

A

NO.

21
Q

Can a person under investigation compelled to answer the questions given him?

A

NO. The person under investigation shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.

22
Q

What happens when an accused cannot afford the services of counsel?

A

The state shall provide him one.

23
Q

Can an accused’ rights be waived?

A

NO. Except in writing in the presence of counsel.

24
Q

What is the implication of any confession or admission found to have been in violation of Section 17 (no torture/force)?

A

The evidence becomes inadmissible.

25
Q

Can a person be twice put in jeopardy of punishment for the same offense?

A

NO.

26
Q

What are the nine (9) STATUTORY RIGHTS of the accused?

A

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

27
Q

What right of the accused may be waived?

A

Right to confrontation

Right to cross-examination

28
Q

What right of the accused may not be waived?

A

Right to be informed of the nature and cause of the accusation against him

29
Q

What is the underlying principle for the difference between rights which may be waived and rights which may not be waived?

A

Rights which may be waived are personal.

Rights which may not be waived involve public interest.

30
Q

What are the three main characteristics of criminal law?

A

1) General
2) Territorial
3) Prospective

31
Q

What do we mean when we say that “Criminal Law is general?”

A

It means that criminal law is binding on all persons who live or sojourn in Philippine territory.

32
Q

Does the military character of the accused affect the jurisdiction of civil courts?

A

NO. The jurisdiction of the civil courts is unaffected by the military or other special character of the person brought before them for trial.

33
Q

Do the civil courts have jurisdiction over cases committed by persons subject to military law?

A

YES. The civil courts have concurrent jurisdiction with military courts or general courts-martial over soldiers of the Armed Forces of the Philippines.

34
Q

In times of war, do the civil courts retain their concurrent jurisdiction with military courts?

A

YES. Except when the civil courts are not functioning.

35
Q

Does the Revised Penal Code or other penal law apply when the military court takes cognizance of the case involving a person subject to military law?

A

NO. The Articles of War apply.

36
Q

When are military people not tried in civil courts?

A

When the offense, as determined before arraignment by the civil court, is service-connected.

The accused shall then be tried by court-martial.

37
Q

How can the President affect which court tries a military person?

A

He can, at any time before arraignment in a military court, order or direct for such crimes or offenses to be tried by the proper civil courts.

38
Q

Where can you find the list of service-connected crimes or offenses?

A

In the Articles of War

Articles 54 to 70
Articles 72 to 92
Articles 95 to 97
All under C.A. No. 408

39
Q

Can an accused before a court-martial be prosecuted for the same offense?

A

NO. The prosecution of the accused before a court-martial is a bar to another prosecution for the same offense.

40
Q

Can war crimes be tried by military courts?

A

YES. Offenders accused of war crimes are triable by military commission.

41
Q

What is the purpose of the creation of the National War Crimes Office?

A

To conform with the generally accepted principle and policies of international law which are part of our Constitution.

42
Q

When does the military jurisdiction over war crimes end?

A

It ends on the effectivity date of a treaty of peace.

43
Q

What are the exceptions to the general application of Criminal Law?

A

“Except as provided in the treaties and laws of preferential application.” -Article 2 of the Revised Penal Code

“Subject to the principles of public international law and to treaty stipulations.” -Article 14 of the New Civil Code

44
Q

Provide examples of a treaty or treaty stipulation indicating exceptions to the general application of our criminal law.

A

The Bases Agreement (PH and US, entered into on March 14, 1947, expired on September 16, 1991)

The RP-US Visiting Forces Accord (signed on February 10, 1998)

45
Q

Provide an example of a law of preferential application.

A

RA No. 75 - Protecting duly accredited foreign diplomatic representatives in the Philippines and their domestic sevants

Criminal Law 1 (1 decks)

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