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    Intro To Philippine Criminal Law 1

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    Karyl Ann Aquino-Caluya
    Criminal law defines crimes and provides for their punishment. It is a branch of public law governing the relationship between individuals and the state. A crime is an act committed in violation of public law and punishable upon conviction. The main sources of Philippine criminal law are the Revised Penal Code, special penal laws, and penal presidential decrees. The state has the authority to define and punish crimes. Criminal law is generally binding on all persons in Philippine territory, undertakes to punish crimes committed within the territory, and cannot make an act punishable in a manner it was not when committed. Exceptions include treaties and laws of preferential application.

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    Intro To Philippine Criminal Law 1

    Uploaded by

    Karyl Ann Aquino-Caluya
    52 views2 pages
    Criminal law defines crimes and provides for their punishment. It is a branch of public law governing the relationship between individuals and the state. A crime is an act committed in violation of public law and punishable upon conviction. The main sources of Philippine criminal law are the Revised Penal Code, special penal laws, and penal presidential decrees. The state has the authority to define and punish crimes. Criminal law is generally binding on all persons in Philippine territory, undertakes to punish crimes committed within the territory, and cannot make an act punishable in a manner it was not when committed. Exceptions include treaties and laws of preferential application.

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    Intro to Philippine Criminal Law 1

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    Criminal law defines crimes and provides for their punishment. It is a branch of public law governing the relationship between individuals and the state. A crime is an act committed in violation of public law and punishable upon conviction. The main sources of Philippine criminal law are the Revised Penal Code, special penal laws, and penal presidential decrees. The state has the authority to define and punish crimes. Criminal law is generally binding on all persons in Philippine territory, undertakes to punish crimes committed within the territory, and cannot make an act punishable in a manner it was not when committed. Exceptions include treaties and laws of preferential application.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    52 views2 pages

    Intro To Philippine Criminal Law 1

    Uploaded by

    Karyl Ann Aquino-Caluya
    Criminal law defines crimes and provides for their punishment. It is a branch of public law governing the relationship between individuals and the state. A crime is an act committed in violation of public law and punishable upon conviction. The main sources of Philippine criminal law are the Revised Penal Code, special penal laws, and penal presidential decrees. The state has the authority to define and punish crimes. Criminal law is generally binding on all persons in Philippine territory, undertakes to punish crimes committed within the territory, and cannot make an act punishable in a manner it was not when committed. Exceptions include treaties and laws of preferential application.

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    Intro to Philippine Criminal Law 1

    Criminal Law
    Criminal Law is that branch or division of public law which defines crimes, treats
    of their nature, and provides for their punishment.
    Public Law
    Public law is a theory of law governing the relationship between individuals
    (citizens, companies) and the state.

    Private Law
    Generally speaking, private law is the area of law in a society that affects the
    relationships between individuals or groups without the intervention of the state or
    government
    Crime
    A crime is an act committed or omitted in violation of a public law forbidding or
    commanding it and for which punishment is imposed upon conviction.
    Sources of Philippine Criminal Law
    1. The Revised Penal Code and its amendments.
    2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly,
    Philippine Legislature,Batasang Pambansa, National Assembly, Congress of the
    Philippines.
    3. Penal Presidential Decrees during Martial Law.
    Who has the power to define and Punish crimes?
    The state has the authority, under its police power to define and punish crimes
    and to lay down the rules of criminal procedures.
    Limitations on the power of the lawmaking body to enact penal legislation.
    1. No ex post facto law or bill of attainder shall be enacted.
    2. No person shall be held to answer for a criminal offense without due process of
    law.
    What is an ex post facto law?
    To give a law retroactive application to the prejudice of the accused is to make it
    an ex post facto law.
    What is a bill of attainder?
    A bill of attainder is a legislative act which inflicts punishment without trial. Its
    essence is the substitution of a legislative act for a judicial determination of guilt.
    Constitutional rights
    Constitution. Fundamental rights
    Statutory rights
    Statutes. Enacted by legislature.
    Rights of the accused which may be waived
    Right of the accused to confrontation and cross-examination. Right is personal in
    nature.
    Rights of the accused which may not be waived
    Right of the accused to be informed of the nature and cause of the accusation
    against him.. The right involves public interest which may be affected.
    Three main characteristics of criminal law
    1. General
    2. Territorial
    3. Prospective
    Explain the "general" characteristics of criminal law
    General, in that criminal law is binding on all persons who live or sojourn in
    Philippine territory. (Art. 14, new Civil Code)
    Explain the "territorial" characteristic of criminal law
    Territorial, in that criminal laws undertake to punish crimes committed within
    Philippine territory.
    Explain the "prospective" characteristic of criminal law
    Prospective, in that a penal law cannot make an act punishable in a manner in
    which it was not punishable when committed. As provided in Art. 366 of the
    Revised Penal Code, crimes are punished under the laws in force at the time of
    their commission.
    Exceptions to the general application of Criminal Law
    1. Treaties or treaty stipulation
    2. Law of preferential application
    Persons exempt from the operation of our criminal laws by virtue of the principles
    of public international law
    1. Sovereigns and other chiefs of state
    2. Ambassadors, ministers plenipotentiary, ministers resident, and charges d'affaires
    Exceptions to the territorial application of Criminal Law
    The same Article 2 of the Revised Penal Code
    Exceptions to the prospective application of Criminal Law
    Whenever a new statute dealing with crime establishes conditions made more
    lenient or favorable to the accused, it can be given a retroactive effect

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