Article 1

Question 1

Title of Act No. 3815

Answer 1

The Revised Penal Code

Question 2

When did the Revised Penal Code take effect according to Art. 1?

Answer 2

first day of January, nineteen hundred and thirty-two (January 1, 1932)

Question 3

Two theories in Criminal Law (2)

Answer 3

1. Classical Theory
2. Positivist Theory

Question 4

Characteristics of Classical Theory (4)

Answer 4

1. The basis of criminal liability is HUMAN FREE WILL and the purpose of the penalty is RETRIBUTION
2. That man is essentially a MORAL CREATURE and with an absolutely FREE WILL to choose between good and evil, thereby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself
3. It has endeavored to establish a mechanical and direct proportion between crime and penalty
4. There is a SCANT REGARD to the human element.

Question 5

Characteristics of Positivist Theory (2)

Answer 5

1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition
2. That crim is essentially a social and natural phenomenon, and as such, it cannot be trated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined a prior; but rather through the enoforcement of individual measures in each investigation conducted by a competent body of psychiatrists and social scientists