REFRESHER / REVIEWER FOR CRIMINAL LAW

Definition to another prosecution for the

same offense.
Criminal Law is the branch or division of law
 Offenders accused of war
which defines crimes, treats of their nature, and
crimes are triable by military
provides for their punishment.
commission.
Sources  Exempted from the operation
of our criminal laws by virtue of
1. RPC the principles of international
2. Special Penal Laws law are: Sovereigns and other
3. Penal Pres. Decrees issued during chiefs of State; and
Martial Law Ambassadors, ministers,
plenipotentiary, ministers
Limitations
resident and charges d’affaires.
1. No ex post facto law or bill of attainder  A consul is not entitled to the
shall be enacted. privileges and immunities of an
2. No person shall be enacted to answer ambassador or minister.
for a criminal offense without due 2. Territorial – criminal laws undertake to
process of law. punish crimes committed within Phil.
Territory.
Constitutional Rights of the accused (see Art. III 3.
of the 1987 Constitution)

Statutory Rights of the accused (see Rule 115 of

the Rules of Court)

Characteristics of Criminal Law

1. General – binding on all persons who

live or sojourn in Phil. Territory.
 As a general rule, jurisdiction of
civil courts is not affected by
the military character of the
accused.
 Civil courts have concurrent
jurisdiction with general courts-
martial over soldiers of the AFP.
 The RPC or other penal law is
not applicable when a military
court takes cognizance of the
case.
 The prosecution of an accused
before a court-martial is a bar

1 Criminal Law I and II | MLMA