Only available on StudyMode
  • Download(s) : 31
  • Published : February 24, 2013
Open Document
Text Preview

CRIMINAL LAW – A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges d’affaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial – penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC – binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government QuickTime™ and a TIFF (Uncompressed) decompressor c. introduction into the country of the are needed to see this picture. above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions e. crimes against national security and the law of the nations defined in Title One of Book Two 3. Prospective – the law does not have any

retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made inapplicable to pending actions or existing causes of action b. Offender is a habitual criminal Theories of Criminal Law: 1. Classical Theory – basis is man’s free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory – basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory – combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws: 1. Liberally construed in favor of offender Ex: a. the offender must clearly fall within the terms of the law b. an act is criminal only when made so by the statute 2. In cases of conflict with official translation, original Spanish text is controlling, 3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS: 1. ex post facto law 2. bill of attainder 3. law that violates the equal protection clause of the constitution 4. law which imposes cruel and unusual punishments nor excessive fines

—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna Gomez—

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Omission – failure to perform a duty required by law BOOK ONE GENERAL PROVISIONS

ELEMENTS: 1. there must be an act or omission 2. this must be punishable by the RPC 3. act or omission was done by means of dolo or culpa NULLUM CRIMEN, NULLA POENA SINE LEGE – There is no crime when there is no law punishing it. Classification Of Felonies According To The Means By Which They Are Committed: 1. Intentional Felonies- by means of deceit (dolo) Requisites: a. freedom b. intelligence c. intent. MISTAKE OF FACT – misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Requisites: a. the act done would have been lawful had the facts been as the accused believed them to be bintention is lawful b. mistake must be without fault or carelessness by the accused 2....
tracking img