Crim Law 1 - Reviewer
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,
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,