Legality of Criminal Laws Flashcards
Art. 5 RPC
Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. – Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.
In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
Art. 21 RPC
Art. 21 RPC. Penalties that may be imposed - No felony shall be punishable by any penalty not prescribed by law prior to its commission.
Art. 22 RPC
Art. 22 RPC. Retroactive effect of penal laws. - Penal laws shall have a retroactive effect insoafar as they favor the person guilty of a felony, who is not a habitual criminal, as the term is defined in Rule 5 of Article 62 of this Code, althought at the time of publication of such law a final sentence has been pronounced and the convict is serving the same.
What is the meaning of the maxim “nullum crimen nulla poena sine lege?”
There is no crime where there is no law punishing it.
Art. 3 PRC
Art. 3 RPC. Definitions - Acts and omissions punishable by law are felonies (delitos)
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Art. 4 RPC
Art. 4 RPC. Criminal Liability - Criminal liability shall be incurred:
- By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
- By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequeate or ineffectual means.
Art. 4 NCC
Art. 4 NCC. Laws shall have no retroactive effect unless the contrary is provided
Art. 1 RPC
Art. 1 RPC. Time when Act takes effect. – This Code shall take effect on the First day of January, nineteen hundred and thirty-two.
Art. 2 RPC.
Art. 2 RPC. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:
- Should commit an offense while on a Philippine shsip or airship;
- 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;
- Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;
- While being public officers or employees, should commit an offense in the exercise of their functions; or
- Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
Art. 23 RPC
Art. 23 RPC. Effect of pardon by the offended party. – A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liabilities with regard to the interest of the injured party is extinguisehd by his express waiver.
Art. 344. RPC
Art. 344 RPC. Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
Rule 110. Sec. 5 Rules on Criminal Procdedure, Rules of Court.
Rule 110, Sec. 5, Rules on Criminal Procedure, Rules of Court: Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court. (This Section was repealed by A.M. No. 02-2-07-SC effective May 1, 2002)
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.
No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. (5a)
The prosecution for violation of special laws shall be governed by the provisions thereof. (n)
Art. 10 RPC
Art. 10 RPC. Offenses not subject to the provisions of this Code. – Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
Art. 5 RPC. Duty of the court in connection with acts which should be ________________, and in cases of excessive penalties. – Whenever a court has knowledge of any act which it may deem _________, it shall render the proper decision and shall report to __________, through the _________, the ___________.
In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
Art. 5 RPC. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. – Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.
In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
Art. 21 RPC. Penalties that may be imposed - _________ shall be punishable by any penalty not prescribed by law __________.
Art. 21 RPC. Penalties that may be imposed - No felony shall be punishable by any penalty not prescribed by law prior to its commission.
