iCriminal Law (dtp)
- branch or division of law which defines, crimes, treats of their nature, and provide for their punishment. o Crime – act committed or omitted in violation of a public law forbidding or commanding it. - sources are: pns
1. Revised penal code (Act no. 3815)
2. Special Laws
3. Penal Presidential Decrees issued during Martial Law. - There is no common law crimes in the Philippines
• Body of principles, usages and rules of action which don’t rest for their authority upon any express and positive declaration of the legislature - Court Decision, not source of criminal law.
o Merely explain meaning and apply law
Limitation on the power of law making body to enact legislation 1. No ex post facto or bill of attainder
2. No person shall be held to answer for a criminal offense without due process of law (double jeopardy)
Ex post facto
- makes criminal an act done before passage of law
- aggravates a crime than what was then
- inflicts greater punishment
- alters legal rules of evidence and authorizes conviction upon less or different testimony than law required - assumes to regulate civil rights, only in effect imposes penalty/deprivation of a right for something done unlawful - deprives person accused some lawful protection
Bill of attainder
- legislative act which inflicts punishment without trial - substitution of a legislative act for a judicial determination of guilt
Constitutional Rights of the Accused (art. 3, Bill of Rights, 1987 Consti) 1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies 2. No person shall be held to answer for a criminal offense without due process of law 3. All persons except those charged with offenses punishable by reclusion perpetua, when the evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
Right to bail shall not be impaired even when privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
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, nor cruel, degrading or inhuman punishment inflicted. 7. No person shall be put in jeopardy of punishment for the same crime. 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.
Statutory Rights of the Accused (sec 1, Rule 115, Revised Rules on Criminal Procedure) 1. Assumed innocent until contrary is proven beyond reasonable doubt. 2. informed of the nature and cause of accusation against him. 3. be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment 4. testify as witness in his own behalf but subject to cross examination ,silence shall not prejudice him 5. Be exempt from being compelled to be a witness against himself. 6. confront, cross examine the witness against him at the trial 7. compulsory process issued to secure attendance of witness and production of other evidences in this behalf. 8. speedy, impartial and public trial
9. appeal in all cases allowed and in a manner prescribed by law.
Characteristics of Criminal law (GTP)
- Criminal Law is binding on all persons who live or sojourn in the Philippine territory. - Exempted are heads of the state and diplomatic representatives (customary law of nations – governing relations between nations) o...
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