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Criminal Law that branch or division of law w/c defines crimes,

treats of their nature, and provides for their punishment. (12 Cyc.
129)
Crime an act committed or omitted in violation of a public law
forbidding or commanding it (Bouviers Law Dictionary, Ravies
Third Revision, Vol. 1 p. 729)
Src. of Phil. Crim. Law:
1. RPC (RA No. 3815) & its amendments
2. Special laws passed by the:
a. Phil. Commission
b. Phil. Assembly
c. Phil. Legislature
d. Natl Assembly
e. Congress of the Phils.
f. Batasang Pambansa
g. Exec. Orders
h. Presedential Decrees
Lim. upon the power of the BP to enact crim. Legislation:
1. No ex post facto law or bill of attainder shall be enacted
(Art. III, sec3 22)

Prohibits the passage of retroactive laws w/c are


prejudicial to the accused

Bill of attainder legislative act w/c inflicts


punishment w/o judicial trial (people v. Carlos, 7
Phil. 535)
2. No person shall be held to answer for a criminal offense
without due process of law (Art. III, sec. 17)

Requires that crim. law must be of gen. app. and


must clearly define the acts & omissions
punished as crimes
Consti. rts. of the accused: (Art. III)
1. Rt. to speedy trial (sec. 16)
2. Rt. against self-incrimination (sec. 17)
3. Rt. to bail (sec. 13)
4. Rt. to due process of law (sec. 14)
5. Rt. to counsel (sec. 12)
6. Rt. to reclusion perpetua (sec. 19)
7. Rt. to be put in jeopardy (sec. 21)
8. Rt. to free access of the courts (sec. 11)
Statutory rts. of the accused:
1. To be presumed innocent until the contrary is proved
2. To be present and defend in person and by attorney at every
stage of the proceedings, i.e, from the arraignment to the
promulgation of the judgment
3. To be informed of the nature and cause of the accusation
4. To testify as witness in his own behalf. His neglect or
refusal to be a witness shall not in any manner prejudice or
be used against him.
5. To be exempt from being a witness against himself
6. To be confronted at the trial by, and to cross-examine, the
witness against him
7. To have compulsory process issued to secure the attendance
of witnesses in his behalf
8. To have a speedy and public trial
9. To have the rt. of appeal in all cases authorized by law.

Right of the accused w/c may


Be waived

Not be waived

-rt. of the accused to


confrontation &
cross-examination

-rt. of the defendant


to be informed of the
nature & cause of
the accusation
against him

*personal

*involve public
interest w/c may be
affected

Characteristics of Crim. Law:


1. GENERAL binding on all persons who live or sojourn in
Phil. Territory
As a gen. rule, the jurisdiction of the civil court is
not affected by the military character of the
accused
Civil courts have concurrent jurisdiction w/ gen.
courts-martial over soldiers of Phil. Army.
The RPC or other penal law is not applicable
when the military court takes cognizance of the
case.
The prosecution of an accused before a courtmartial is a bar to another prosecution of the
accused for the same offense.
Offenders accused of war crimes are triable by
military commission
Exceptions to the gen. app. of Crim. Law
(treaties/treaty stipulations & law of preferential
app.)
Persons exempt from the oper. of our Crim. Law
by virtue of the principles of public international
law.
i. Sovereigns & other chiefs of States
ii. Ambassadors, ministers
plenipotentiary, ministers resident &
charges daffaires
A consul is not entitles to the privileges and
immunities of an ambassador/minister
2.

TERRITORIAL undertakes to punish crimes committed


w/in Phil. Territory
Extent of Phil. territory for purposes of Crim.
Law (Art. 2 of the RPC)
Exceptions to the territorial app. of Crim. Law
(Art. 2 of the RPC)

3.

PROSPECTIVE ( non retroactive) a penal law cannot


make an act punishable in a manner in w/c it was not
punishable when committed
Exception to the prospective application of Crim.
Law:
i. Where the new law is expressly made
inapplicable to pending actions or
existing causes of action
ii. Where the offender is a habitual
criminal under Rule 4 of Art. 62 of
RPC
Diff. effects of repeal of penal law:
i. If the repeal makes the penalty lighter
in the new law, the new law shall be
applied, except when the offender is a
habitual delinquent or when the new

ii.

iii.

law is made not applicable to pending


action or existing causes of action
If the new law imposes a heavier
penalty, the law in force at the time of
the commission of the offense shall be
applied
If the new law totally repeals the
existing law so that the act w/c was
penalized under the old law is no
longer punishable, the crime is
obliterated

When the repeal is absolute the offense ceases to


be criminal
When the new law and the old law penalize the
same offense, the offender can be tried under the
old law
When the repealing law fails to penalize the
offense under the old law, the accused cannot be
convicted under the new law.
A person erroneously accused and convicted
under a repealed statute may be punished under
the repealing statute