Punishment of Crimes: Statutory Basis Flashcards
Constitution (1987), Art. II, Sec. 5
The maintenance of peace and order, the protection of life, liberty, and prosperity, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
Constitution (1987), Art. VI, Sec. 1
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved by the provision on initiative and referendum.
Constitution (1987), Art. III, Sec. 1
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Civil Code, Art. 2
Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or, in a newspaper of general circulation in the Philippines, unless it is otherwise provided (As ammended by E.O. 200)
Civil Code, Art. 14
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)
Provision providing for the general applicability of penal laws
Art. 14 NCC. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)
Provision which provides that legislative power is vested in Congress.
1987 CONST. Art. VI Sec. 1 The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved by the provision on initiative and referendum.
1987 Constitution Art. III Sec. 14
(1) No person shall be held to answer for a criminal offense without due process of law
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided that he has been duly notified and his failure to appead is unjustifiable.
May a person be held to answer for a criminal offense without having to go through arraignment and trial in court?
No, a person cannot be held to answer for a criminal offense without arraignment or trial. Art. III Sec 14 of the 1987 Constitution provides that “No person shall be held to answer for a criminal offense without due proccoess of law.”
Shall the accused be deemed guilty upon accusation of the victim?
No, an accused cannot be deemed guilty on the basis of an accusation. According to Art. III Sec 14 Par. 2 of the 1987 Constituton “In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved.”
What are the rights of the accused as provided by Article III Sec. 14?
(1) The right to due process;
(2) The right to be presumed innocent until the contrary is proved;
(3) The right be heard by himself and counsel;
(4) The right to be informed of the nature and cause of the accusation against him;
(5) The right to have a speedy, impartial, and public trial;
(6) The right to meet witnesses face to face; and
(7) The right to have a compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.
Can the trial proceed even in the absence of the accused?
Yes, the trial may proceed even in the absence of the accused provided that (1) arraignment has been accomplished, (2) he has been duly notified, (3) his failure to appear is unjustifiable.
Upon whom shall penal laws and laws of public safety be obligatory in the Philippines?
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public internationl law and to treaty stipulations.
What are the exceptions to the appicability of a penal law or law of public safety to a person living or sojourning in the Philippines?
When the principel of public international law and treaty stipulations provide for such exception.
When should the date of submission of motions be reckoned with?
The date to be reckoned relating to the submission of a motion in relation to a reglementary period is the date of receipt of motion by the Clerk of Court.
