Fundamental and General Principles Flashcards
that branch of law, which defines crimes, treats of their nature, and provides for their punishment.
Criminal law
The basis of criminal liability is human free will and the purpose of the penalty is retribution.
Classical theory
The basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed.
Positivist theory
Sources of criminal or penal laws
The Revised Penal Code (RPC) (Act No. 3815) and its amendments;
Special penal laws;
Penal Presidential Decrees issued during Martial Law by President Marcos
Penal Executive Orders issued during President Corazon Aquino’s term
Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing the same
Actus non facit reum, nisi mens sit rea
The act cannot be criminal where the mind is not criminal)
Doctrine of Pro Reo
Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.
Actus me invito factus non est meus actus
An act done by me against my will is not my act
Classifications of crime; manner or mode of execution?
Dolo; Culpa
Dolo?
or felonies committed with deliberate intent
Culpa?
or those committed by means of fault
Crrime: stage of execution?
a. Consummated
b. Frustrated
c. Attempted
As to gravity (RPC, Art. 9)
a. Light felonies
b. Less grave felonies
c. Grave felonies
As to nature
a. Mala in se
b. Mala prohibita
As to count
a. Compound
b. Composite or special complex
c. Complex, under Art. 48 of the RPC
d. Continued
e. Continuing
As to division
Formal felonies; Material felonies; Those which do not admit of the frustrated stage
It is a penal law which punishes acts not defined and penalized by the RPC
Special law
Requisite of MALA IN SE
There must be a criminal intent.
Requisite MALA PROHIBITA
Sufficient that the prohibited act was done.
Criminal intent governs? Inse or prohi?
MALA IN SE
Criminal intent is not necessary. Inse or prohi?
MALA PROHIBITA
Criminal liability is incurred even when the crime is attempted or frustrated? Inse or prohi?
MALA IN SE
Criminal liability is generally incurred only when the crime is consummated. nature of crime?
MALA PROHIBITA
The crime of technical malversation, punished under Art. 220 of the RPC, was held to be a crime that is?
MALA PROHIBITA. The prohibited act is not inherently immoral, but becomes a criminal offense because positive law forbids its commission on considerations of public policy, order, and convenience.
Piracy in Philippine waters (PD No. 532) Inse or prohi?
mala in se
Brigandage in the highways; Inse or prohi?
mala in se
Plunder Inse or prohi?
mala in se
if a special law uses the nomenclature of penalties under the RPC, that alone will not make the act or omission a
crime mala in se.
When the law is clear and unambiguous, t
there’s nothing to interpret but to apply it.
When the law is clear and unambiguous, there is no room for interpretation but only for the application of the law. However, if there is ambiguity:
Penal laws are strictly construed against the State and liberally in favor of the accused;
In the interpretation of the provisions of the RPC, the Spanish text is controlling
However, if there is ambiguity: Penal laws are strictly construed
against the State and liberally in favor of the accused;
However, if there is ambiguity: In the interpretation of the provisions of the RPC, the Spanish text
is controlling
Three cardinal features or main characteristics of Philippine criminal law:
Generality; Territoriality; Prospectivity/Irretrospectivity
The criminal law of the country governs all persons who live or sojourn within the country regardless of their race, belief, sex, or creed.
Generality
Members of the Congress are _? for libel or slander in connection with any speech delivered on the floor of the house during a regular or special session
not liable
Only the heads of the diplomatic missions, as well as members of the diplomatic staff?
Yes
Members of administrative, technical and service staff, are accorded diplomatic rank?
No
The penal laws of the country have force and effect only within its territory
Territoriality
Should commit and offense while on a Philippine ship or airship;
Liable under Territoriality
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands
Liable under Territoriality
Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;
Liable under Territoriality
While being public officers or employees, should commit an offense in the exercise of their functions; or
Liable under Territoriality
Should commit any of the crimes against national security and the law of nations.
Liable under Territoriality
Acts or omissions classified as crimes will be scrutinized in accordance with the relevant penal laws if these are committed after the effectivity of those penal laws.
Prospectivity/Irretrospectivity
a new statute dealing with a crime establishes conditions _? to the accused
more lenient or favorable
The retroactive effect shall benefit the?
Accused even if at the time of the publication of the law, a final judgment has been pronounced and the convict is already serving his sentence.
even if at the time of the publication of the law, a final judgment has been pronounced and the convict is already serving his sentence. The retroactive effect shall?
apply and benefit
When the new law is expressly made inapplicable to pending actions or existing causes of actions; The new law cannot be given
retroactive effect even if favorable to the accused:
When the offender is a habitual criminal; the new law cannot be given
retroactive effect even if favorable to the accused:
