Anda di halaman 1dari 54

CRIMINAL LAW

Criminal Law, defined.


Criminal law is that branch or division of law which
definescrimes, treats of their nature, and provides for
their punishment. (12129)
Crime, defined.
Crime is an act committed or omitted in violation of a
public lawf o r b i d d i n g o r c o m m a n d i n g
i t . ( I L a w D i c t i o n a r y , R a w l e ' s
Third Revision, 729)
Sources of Philippine Criminal Law.
1. The Revised Penal Code (Act No.
3815) and its amend-
m e nt s . 2. Special Penal Laws passed by the Philippine C
ommission,Philippine Assembly, Philippine Legislature,
National As-sembly, the Congress of the Philippines,
and the
Batasang3. Penal Presidential Decrees issued during Ma
rtial Law.
No common law crimes in the Philippines.
The so-called common law crimes, known in the United
Statesand England as the body of principles, usages
a nd r ul e s o f a c t i o n,which do not rest for their authority
upon any express and positivedeclaration of the will of the
legislature, are not recognized in thiscountry. Unless there
be a particular provision in the penal codeor special penal
law that defines and punishes the act, even if it besocially
or morally wrong, no criminal liability is incurred by its
com-mission. (See U.S. vs. Taylor, 28 Phil. 599, 604)Court
decisions are not sources of criminal law, because
theymerely explain the meaning of, and apply, the law as
enacted by thele g i s l a t i v e br anc h o f t he g o v e r nm e nt .
CRIMINALLAWINGENERALLimitations to Enact Criminal Legislation
2
Power to define and punish crimes.
The State has the authority, under its police power, to define
andp u ni s h cr im es a n d t o l a y d ow n t he r ul e s of c r im i n al
procedure. States,as a part of their police power, have a
large measure of discretion
inc r e a t i n g a n d c r i m i n a l o f f e n s e s .
( P e o p l e v s . S a n t i a g o , 4 3 P h i l . 120,
124)T h e r i g h t o f p r o s e c u t i o n a n d p u n i s h m e n t f o r a c r i m e i s
one oft he at t ribut es t hat by a nat ural l aw bel ongs t o
the sovereign powerinstinctively charged by the
com m on w i ll of t he m em bers of soci et y to look after,
guard and defend the interests of the community,
theindividual and social rights and the liberties
of every citizen and theguarant y of t he exerci se of hi s
r i g h t s . ( U . S . v s . P a b l o , 3 5 P h i l . 9 4 , 100)
Limitations on the power of the lawmaking body to enactpenal legislation.
The Bill of Rights of the 1987 Constitution imposes the
f o l l o w i n g l i m i t a t i o n s : No
post facto
law or bill of attainder shall be
enacted.( A r t . S e c . 2 2 ) 2. No person shall be
held to answer for a criminal offensew i t h o u t d u e p r
o c e s s o f l a w . ( A r t . S e c . The first limitation
prohi bi ts the passage of retroacti ve l aw swhich are
p r e j u d i c i a l t o t h e a c c u s e d . An
ex post facto
law is one which:m akes cri minal an act don e bef ore t he
passage of the lawand which was innocent when done,
and punishes such
a n act;( 2 ) a g g r a v a t e s a c r i m e , o r m a k e s i t g r e a t e r t h a n i
t was, whencommitted;changes the punishment and
inflicts a greater punishmentthan the law annexed to
the crime when
c o m m i t te d; (4) alters the legal rules of evidence, and author
izes convictionupon l e s s or d i f f e r e nt t e s ti mony t han t he
law required atthe time of the commission
of the offense;
C R I M I N A L I N G E N E R A L Constitutional Rig
hts of the Accused
3
(5) assumes to regulate civil rights and remedies only, i
n effecti mposes penal ty or de pri vati on of a ri ght
for somethingwhich when done was lawful;
a nd (6) deprives a person accused of a crime some lawful
protectionto w hi ch he has be come enti tl ed, such as
t he pr o t e c t i o n of a former conviction or acquittal, or a
proclamation ofa m n e s t y .
(In re:
Kay Villegas Kami, Inc., 35 SCRA
429,4 3 1 ) Congress is also prohibited from passing
an act which wouldinflict punishment
without judicial trial, for that would constitute
a b i l l o f a t t a i n d e r . A bill of attainder is a legislative act
w h i c h i n f l i c t s punishment without trial. Its essence is the
substitution of alegislative act for a judicial determination of guilt.
( P e o p l e v s . Ferrer, 48 SCRA 382, 395)
Example:
Congress passes a law which authorizes the arrest andimprisonment
o f c o m m u n i s t s w i t h o u t t h e b e n e f i t o f a j u d i c i a l trial.
To give a law retroactive application to the prejudice of theaccused is to make it an
ex post facto
law.
The penalty of
mayor
medium, or eight years andone day to ten years, imposed by Presidential
Decree No. 818,applies only to swindling by means of issuing bouncing
checkscommitted on or after October 22, 1985. That increased penaltydoes not
apply to estafa committed on October 16, 1974 becauseit would make the
decree an
ex post facto
law. Its retroactiveapplication is prohibited by Articles 21 and 22 of the
RevisedP e n a l C o d e a n d S e c t i o n 1 2 , A r t i c l e I V ( n o w S e c .
2 2 , A r t . o f the 1987 Constitution). (People vs. Villaraza, 81 SCRA 95,
97)T h e s e c o n d l i m i t a t i o n r e q u i r e s t h a t c r i m i n a l l a w s
m us t be o f general application and must clearly define
the acts and omissionspuni shed as cri mes.
Constitutional rights of the accused.
Article III, Bill of Rights, of the 1987 Constitution
provides forthe following rights:
C R I M I N A L I N G E N E R A L Constitutional Rights of
the Accused
4
All persons shall have the right to a speedy disposition
oftheir cases before all judicial, quasi-judicial, or
a d m i n i s t r a - tive bodies. (Sec.
16)2. No person shall be held to answer for a criminal offense
without due process
of law. (Sec.3. All persons, except those charged with of
fenses punishableb y w h e n e v i d e
n c e o f g u i l t i s s t r o
n g , s h a l l , before conviction, be
bailable by sufficient sureties, or bereleased on
recognizance as may be provided by law.The right to
bail shall not be impaired even when theprivilege of the
writ of
habeas corpus
i s s us pe nde d. Excessive bail shall not be required.
(Sec.
13)4. In all criminal prosecutions, the accused shall be
presumedinnocent until the contrary is proved, and
shall enjoy theright to be heard by himself and counsel,
to be informedo f t he na t ur e a nd c a us e
of the accusation against him,to have speedy,
impartial, and public trial, to meet thewitnesses
face to face, and to have compulsory process
tosecure the attendance of witnesses and the
production ofevidence in his behalf. However, after
arraignment, trialmay proceed notwithstanding the
a bs e nc e o f t he a c c us e d provided that he has been duly
notified and his failure toappear is unjustifiable.
(Sec.5 . No pe r s o n s h a l l b e c o m p e l l e d t o b e a w i
t n e s s a g a i n s t himself. (Sec. 17)Any pe r s o n unde r
i nv e s t i g a t i o n f o r t he c o m m i ss i o n o f an offense shall
have the right to be informed of his rightt o r e m a i n
s i l e nt a n d t o ha v e c o m pe t e nt a nd
i n d e p e n d e n t counsel preferably of his own
choice.If the person cannot afford the services
of counsel, hemus t be pr o v i de d w it h o ne . The s e
rights cannot be waived except in writing andin the
presence of counsel.
(Sec.N o t o r t u r e , f o r c e , t h r e a t ,
i n t i m i d a t i o n , o r a n y other means which
vitiate the free will shall be used againsth i m . S e c r e t
d e t e nt i o n pl a c e s , s o l i t a r y ,
C R I M I N A L I N G E N E R A L Statutory Rights
of the Accusedo r o t h e r s i m i l a r f o r m s o f d e t e n t i o n a r e
prohibited. (SecAny confession or admission
obtained in violation
oft h i s o r S e c t i o n h e r e o f s h a l l b e i n a d m i s
s i b l e i n e v i d e n c e a g a i ns t hi m .
( Se c . 6. Excessive fines shall not be imposed,
nor cruel, degradingo r i nh um a n pu ni s hm e nt
i nf l i c t e d . ( Se c . 7. No person shall be twice
put i n j e o pa r d y o f puni s hm ent for the same offense.
If an act is punished by a law anda n o r di na nc e ,
conviction or acquittal under either
shallconstitute a bar to another prosecution for
t he sam e act . (Sec. 21)8. F ree access t o t he court s
and quasi-judicial bodies andadequate legal
assistance shall not be denied to any personby
reason of poverty. (Sec.
Statutory rights of the accused.
Section 1, Rule 115, of the Revised Rules on Criminal
Procedurep r o v i d e s t h a t i n a l l c r i m i n a l
p r o s e c ut i o ns , t he a c c us e d s ha l l
b e entitled:1. To be presumed innocent until the co
ntrary is provedbeyond reasonable
do ubt . 2. To be informed of the nature and
cause of the accusationa g a i n s t
h i m . 3. To be present and defend
in person and by counsel at everystage of the
proceedings, from arraignment to
promulgationo f t h e
x x x 4. To testify
as a witness in his own behalf but subject toc r o s s -
e x a m i n a t i o n o n m a t t e r s c o v e r e d b y d i r e c t
e x a m i - nation. His silence shall not in any manner
prej udi cehi m . To be exempt from being compelled to be
a witness againsthimself.6 . To c o nf r o nt a nd c r o s s -
examine the witnesses against hima t t h
e x x x
5
You're reading a preview. Unlock full access with a free trial.
Pages 19 to 602 are not shown in this preview.

Download With Free Trial

You're reading a preview. Unlock full access with a free trial.


Pages 621 to 658 are not shown in this preview.

Download With Free Trial

You're reading a preview. Unlock full access with a free trial.


Pages 677 to 772 are not shown in this preview.

Download With Free Trial

You're reading a preview. Unlock full access with a free trial.


Pages 791 to 892 are not shown in this preview.

Download With Free Trial

You're reading a preview. Unlock full access with a free trial.


Pages 911 to 941 are not shown in this preview.

Download With Free Trial

Recommended Documents
Documents Similar To Reyes RPC Book 1

Reyes RPC Book 1

Criminal Law 1 Finals Reviewer

Criminal Law 1 Luis Reyes


CrimLaw Reyes Reviewer.pdf

People vs. Beltran

Herrera and Herrera v. Quezon City Board of Assessment Appeals, 3 SCRA 186
(1961)

Legal Memo -Collection of Sum of Money

MALA PROHIBITA CASE DIGEST

Criminal Law Reviewer (Art. 1-113)

Political Law Reviewer 2015

SISON vs TE LAY LI

Polyfoam Digest

Statutory Construction - Diaz

Benguet Electric vs Calleja


crim4

ACP v CPG

Criminal Law Case Digests

Trial Memorandum Guide-1

People vs Ural

Sta Maria Obligation Contracts Text and Cases

Criminal Law Reviewer

People v. Jaurigue.doc

Memorandum for the Prosecution

People vs Gonzales

Statutory Construction

ABS-CBN vs. Atty. Felipe Gozon (G.R. No. 195956, 1 March 2015)

Campanilla 2015

Criminal Law Case Digests (Aggravating Circumstances)

Criminal Law Book1

Cir vs Central Luzon Drug Corporation


Documents About Ex Post Facto Law

Utah Marriage Case

Tennessee lawsuit challenges sex offender registry laws

2017-01-24 GOAL v Healey


FNMA v. Nunez

Brown v. GA Bd. of Pardons & Paroles, 335 F.3d 1259, 11th Cir. (2003)

United States v. Brown, 4th Cir. (1998)

James Madison Compton v. Grady A. Wallace, Commissioner, South Carolina Department


of Probation, Parole, and Pardon Services Travis Medlock, Attorney General for the State
of South Carolina, in Their Individual and Official Capacities, 995 F.2d 1062, 4th Cir.
(1993)

United States v. Winston Eugene Mitchell, Sr., 209 F.3d 319, 4th Cir. (2000)

DC Appeals Court ruling on Salim Hamdan

"Talking Points" For ND Law Enforcement Against Pro-Gun Bills

Commonwealth v. Sylvain

Judge's Decision Striking Down Portions of CA Prop. 9 and Prop. 89

State of Colorado v. Pamela Boyd

Bank Markazi v. Peterson, et al.; Judgment

United States v. Marcus, 560 U.S. 258 (2010)

United States v. Juvenile Male (2010)

Peugh v. United States, 133 S. Ct. 2072 (2013)

Marcello v. Bonds, 349 U.S. 302 (1955)

Bowen v. Georgetown Univ. Hospital, 488 U.S. 204 (1988)


California Dept. of Corrections v. Morales, 514 U.S. 499 (1995)

Reynoldsville Casket Co. v. Hyde, 514 U.S. 749 (1995)

Garner v. Jones, 529 U.S. 244 (2000)


Calder v. Bull, 3 U.S. 386 (1798)

Malloy v. South Carolina, 237 U.S. 180 (1915)

Cannon v. Mullin, 297 F.3d 989, 10th Cir. (2002)

United States v. Mendenhall, 10th Cir. (2006)

United States v. Neel, 10th Cir. (2016)

Kyles v. Chester, 10th Cir. (2012)

Alfred Brooks v. Oklahoma Pardon and Parole Board Farrell Hatch, 62 F.3d 1428, 10th
Cir. (1995)

Prince S.J. Webber v. U.S. Department of Defense United States Department of the Army
United States Air Force United States Air Force, Secretary of the Air Force U.S. Disciplinary
Barracks Federal Bureau of Prisons Federal Bureau of Prisons, Director of the Federal Bureau
of Prisons Attorney General of the United States of America, 153 F.3d 730, 10th Cir. (1998)
More From RonalynPuatu

Checkilist AAI Inventories

Ortega Notes 2.pdf

Statutory-Construction-by-Agpalo (REVIEWER).pdf

AGPALO-CHAPTER-1-2-3-4-5-Statutory-Construction-Notes-Cases-and-Legal-Maxims-
pdf.pdf

2016 Pol Law Lstmin


Civ Pro Map.docx

ARTICLES_OF_PARTNERSHIP_General_June2015.doc

Criminal-law-reviewer-San-Beda-Red-notes-pdf.pdf

Cruz vs Cabrera

Civ Pro Map.docx

Briefing O Merger and Consolidation

Merger & Consolidation

Revised Ortega Lecture Notes on Criminal Law 2.1.doc


ARTICLES_OF_PARTNERSHIP_General_June2015.doc

1ERRATUM.docx

2013 CRIMINAL LAW UPDATES BOOK 1.docx


6.Crim Suggested Answers (1994-2006), Word

Memory-Aid-LABOR.pdf

Gris World

Legal Writing

Criminal Law Based on 2013 SC Syllabus

People vs Mercadejas

CHECKLIST - RECLASSIFICATION -.docx

IFRIC 18_Transfers of Assets to Customers_ppt [Compatibility.pdf


NFSTANDBY PAY.xls

REPUBLIC ACT NO. 7055 - Civilian Supremacy

holy see

Criminal Law Book 1 Articles 11.pdf

Pascual vs. Bautista g.r. No. 84240 March 25, 1992

Footer Menu
ABOUT

About Scribd
Press
Our blog
Join our team!
Contact Us
Invite Friends
Gifts

LEG AL

Terms
Privacy
Copyright

SUPPORT

Help / FAQ
Accessibility
Purchase help
AdChoices
Publishers

Social Media

Copyright 2017 Scribd Inc..Browse Books.Mobile Site.Site Directory.Site Language:


English

Anda mungkin juga menyukai