CRIMINAL LAW
branch or division of law which defines crimes, treats of their nature, and provides for their punishment.
CRIME
An act committed or omitted in violation of a public law forbidding or commanding it.
SOURCES OF PHILIPPINE CRIMINAL LAW
- The Revised Penal Code and its amendments
- Special Penal Laws
- Penal Presidential Decrees issued during Martial Law.
NO COMMON LAW IN THE PHILIPPINES
maxim: “nullum crimen, nulla poena sine lege” = there is no crime where there is no law punishing it.
because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime.
LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LEGISLATION
- Due Process and Equal Protection.
- Non-imposition of excessive fines or cruel and unusual punishment.
- Ex Post Facto Law or Bill of Attainder.
DUE PROCESS
- substantive = requires intrinsic validity of the law interfering with the rights of the person to his life, liberty, or property.
- procedural = rights to notice and hearing
EQUAL PROTECTION
all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed
EX POST FACTO LAW
- Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act;
- Aggravates a crime, making it greater that it was, when committed;
- Changes the punishment, inflicting a greater punishment than the law annexed when committed;
- Assumes to regulate civil rights and remedied only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and
- Deprives a person accused of a crime some lawful protection.
BILL OF ATTAINDER
a legislative act which inflicts punishment on individuals without judicial trial
CONSTITUTIONAL RIGHTS OF THE ACCUSED
Article III, Bill of Rights, of the 1987 Constitution provides for the following rights:
- All persons shall have the right to speedy disposition of their causes before all judicial, quasi- judicial, or administrative bodies.
- No person shall be held to answer for criminal offense without due process of law.
- All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
- The accused shall be presumed innocent until the contrary is proved.
- No person shall be compelled to be a witness against himself
- Excessive fines shall not be imposed, not cruel, degrading or inhuman punishment inflicted.
- No person shall be twice put in jeopardy of punishment for the same offense.
- Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
STATUATORY RIGHTS OF THE ACCUSED
- To be presumed innocent until the contrary is proved beyond reasonable doubt.
- To be informed of the nature and cause of the accusation against him.
- To be present and defend in person.
- To testify as a witness in his own behalf.
- To be exempt from being compelled to be a witness against himself.
- To confront and cross-examine the witnesses against him.
- To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
- To have a speedy, impartial, and public trial,
- To appeal in all cases allowed and in the manner prescribed by law.
WAIVED RIGHTS
Rights which may be waived (personal) à confrontation and cross-examination
Rights which may not be waived (public interest) à right of accused to be informed on the natures and cause of accusation against him.
CHARACTERISTICS OF CRIMINAL LAW
- General
- Territorial
- Prospective
PRESIDENTIAL IMMUNITY FROM SUIT
during his/her tenure of office or actual incumbency
TERRITORIAL
Punish crimes committed within the Philippine territory. Penal laws of the Philippines are only enforceable within its territory.
exceptions
Enforced outside the jurisdiction to those who:
- Commit the offense while on a PH ship/airship.
- Forge or counterfeit any coin or currency note of the PH.
- Public officers or employees who commit an offense on the exercise of their function.
- Crimes committed against national security and laws of the nation.
PRINCIPLE OF PROSPECTIVITY
provisions may not be applied to a crime committed before the provisions were placed
penal laws can only punish an act committed after its effectivity
exceptions
- When the new law expressly made inapplicable to pending activities or existing causes of action.
- When the offender is a habitual criminal.
VAWC
Anti-Violence Against Women and their Children Act of 2004
any act or series of acts committed by any person against a woman who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, or with whom he has a common child, or. against her child/child under her care.
EFFECTS OF REPEAL
makes penalty lighter – the new law should be applied, unless the offender is a habitual delinquent
if new law imposes 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, the old law is no longer punishable, the crime is obliterated
