Introduction

Question 1

CRIMINAL LAW

Answer 1

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

Question 2

CRIME

Answer 2

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

Question 3

SOURCES OF PHILIPPINE CRIMINAL LAW

Answer 3

1. The Revised Penal Code and its amendments
2. Special Penal Laws
3. Penal Presidential Decrees issued during Martial Law.

Question 4

NO COMMON LAW IN THE PHILIPPINES

Answer 4

maxim: “nullum crimen, nulla poena sine lege” = there is no crime where there is no law punishing it.

because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime.

Question 5

LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LEGISLATION

Answer 5

1. Due Process and Equal Protection.
2. Non-imposition of excessive fines or cruel and unusual punishment.
3. Ex Post Facto Law or Bill of Attainder.

Question 6

DUE PROCESS

Answer 6

• substantive = requires intrinsic validity of the law interfering with the rights of the person to his life, liberty, or property.
• procedural = rights to notice and hearing

Question 7

EQUAL PROTECTION

Answer 7

all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed

Question 8

EX POST FACTO LAW

Answer 8

1. Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act;
2. Aggravates a crime, making it greater that it was, when committed;
3. Changes the punishment, inflicting a greater punishment than the law annexed when committed;
4. Assumes to regulate civil rights and remedied only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and
5. Deprives a person accused of a crime some lawful protection.

Question 9

BILL OF ATTAINDER

Answer 9

a legislative act which inflicts punishment on individuals without judicial trial

Question 10

CONSTITUTIONAL RIGHTS OF THE ACCUSED

Answer 10

Article III, Bill of Rights, of the 1987 Constitution provides for the following rights:

1. All persons shall have the right to speedy disposition of their causes before all judicial, quasi- judicial, or administrative bodies.
2. No person shall be held to answer for criminal offense without due process of law.
3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
4. The accused shall be presumed innocent until the contrary is proved.
5. No person shall be compelled to be a witness against himself
6. Excessive fines shall not be imposed, not cruel, degrading or inhuman punishment inflicted.
7. No person shall be twice put in jeopardy of punishment for the same offense.
8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Question 11

STATUATORY RIGHTS OF THE ACCUSED

Answer 11

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.
4. To testify as a witness in his own behalf.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him.
7. To have compulsory process issued to secure the attendance of witnesses and production of other 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 12

WAIVED RIGHTS

Answer 12

Rights which may be waived (personal) à confrontation and cross-examination

Rights which may not be waived (public interest) à right of accused to be informed on the natures and cause of accusation against him.

Question 13

CHARACTERISTICS OF CRIMINAL LAW

Answer 13

1. General
2. Territorial
3. Prospective

Question 14

PRESIDENTIAL IMMUNITY FROM SUIT

Answer 14

during his/her tenure of office or actual incumbency

Question 15

TERRITORIAL

Answer 15

Punish crimes committed within the Philippine territory. Penal laws of the Philippines are only enforceable within its territory.

exceptions
Enforced outside the jurisdiction to those who:
- Commit the offense while on a PH ship/airship.
- Forge or counterfeit any coin or currency note of the PH.
- Public officers or employees who commit an offense on the exercise of their function.
- Crimes committed against national security and laws of the nation.

Question 16

PRINCIPLE OF PROSPECTIVITY

Answer 16

provisions may not be applied to a crime committed before the provisions were placed

penal laws can only punish an act committed after its effectivity

exceptions

1. When the new law expressly made inapplicable to pending activities or existing causes of action.
2. When the offender is a habitual criminal.

Question 17

VAWC

Answer 17

Anti-Violence Against Women and their Children Act of 2004

any act or series of acts committed by any person against a woman who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, or with whom he has a common child, or. against her child/child under her care.

Question 18

EFFECTS OF REPEAL

Answer 18

makes penalty lighter – the new law should be applied, unless the offender is a habitual delinquent

if new law imposes heavier penalty – the law in force at the time of the commission of the offense shall be applied

if the new law totally repeals the existing law, the old law is no longer punishable, the crime is obliterated