Criminal Law Reviewer

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CRIMINAL LAW 1

June 17, 2011

Introduction to Criminal Law

Q: What is criminal law?
CRIMINAL LAW – branch of law which defines crimes, treats of their nature and provides for their punishment

Q: Suppose Congress enacted a piece of legislation, and any violation of that law, penalty will be payment of damages, is that criminal law?

Q: Suppose the form of penalty will be confiscation of license, is that criminal law?

Q: How will you define a crime?
*what particular act constitutes the crime
*what are the elements of the acts

Q: What is criminal procedure?
CRIMINAL PROCEDURE – body of rules that enforces or regulates criminal law, provides for the steps in the prosecution and/or conviction of an accused.

Q: Is there any difference between criminal law and criminal procedure?
Yes.

Q: What are the differences?
CRIMINAL LAWCRIMINAL PROCEDURE
*substantive*procedural/remedial
*GENERALLY prospective,*prospective, BUT CAN BE applied RETROACTIVE
unless favorable to the accused,
provided accused is not a habitual
delinquent
*only comes from the legislative*can be promulgated by the judiciary
or law-making body; never from
the executive or judiciary
*in favor of the ends of substantial justice

Q: who is a habitual delinquent?
A person who within a period of 10 years from the date of his last release or conviction of the crimes of 1) serious or less serious physical injuries, 2) robo, 3)hurto 4)estafa or 5) falsification, he is found guilty of any of said crimes a third time or oftener (Art 62, rpc)

Q: Suppose accused is a HD, will there be prospective or retroactive application of criminal law?

Q: Is criminal law the same as the RPC?
Yes

Q: What is a crime?
Generic term used to refer to a wrongdoing punished either in RPC or under a special law Q: Who has the power to enact laws?
Congress (Legislative)

Q: Is the power of Congress absolute?
No. There are limitations. It should not violate the constitution

Q: We call our penal code, the REVISED PENAL CODE, why, which penal code was revised?
The Spanish Penal Code

Q: How was it revised?
*A committee was formed pursuant to Administrative Order No. 94 by the Department of Justice.
*The committee was formed on Oct 18, 1827
*The committee was composed of Anacleto Diaz (head); Quintin Paredes; Alex Reyes and Mariano De Joya

Q: How did the revision come about?
*the RPC contains provisions of the Spanish penal code, US Penal Code and SC decisions of the Philippines before the creation of the RPC

Q: What are the sources of criminal law?
*Revised Penal Code
*Special Penal Laws enacted or passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, Batasang Pambansa, Congress of the Philippines *Penal Presidential Decrees issued during Martial Law (only because the President at that time had legislative power, but generally, the Executive branch cannot issue EO or PP that are penal in nature) *Spanish Penal Code

*US Penal Code (we copied the ff crimes from the US Penal Code: estafa, malversation, etc)

Q: Who has the power to define crimes?
The State

Q: Why does the State has the power to define crimes?
Because of its police power. The right to prosecute and punish crimes is vested in the sovereign power, which is the Filipino people.

Q: When did the RPC took effect?
Jan 1, 1932

Q: Why is there a long lapse of time in the effectivity and approval of the RPC?
So that PH will be familiarized with the new provisions of the RPC

Q: Who approved the RPC?
US President

Q: What are the theories in criminal law?
Classical, Positivist, Mixed

CLASSICAL
-the objective is retribution
- the emphasis is on the crime
-consistent with the saying “an eye for an eye, a tooth for a tooth”
- man has free will to do or not to do
- the criminal...
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