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CRIMINAL LAW BOOK 1.pptx

Nov 9, 2022 • Download as PPTX, PDF
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This document discusses criminal law and punishment in the Philippines. It covers several key points:
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CRIMINAL LAW BOOK 1.pptx

1. CRIMINAL LAW BOOK 1
2. CRIMINAL LAW •A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
3. LEGAL BASIS OF PUNISHMENT The power to punish violators of criminal law comes within the police power of the state. It is the injury
inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. The objective of the punishment is two-fold:
absolute and relative. The absolute theory is to inflict punishment as a form of retributive justice. It is to destroy wrong in its effort to annihilate
right, to put an end to the criminal activity of the offender.
4. RELATIVE THEORY • On the other hand, the relative theory purports to prevent the offender from further offending public right or • to the right
to repel an imminent or actual aggression, exemplary or by way of example to others • not to follow the path taken by the offender and ultimately
for reformation or to place him under detention to teach him the obligations of a law-abiding citizen.
5. • POWER TO ENACT PENAL LAWS • Only the legislative branch of the government can enact penal laws. • While the president may define and
punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in
essence, an exercise of legislative power by the chief executive.
6. IMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS • Must be general in application. • Must not partake of the nature of an ex
post facto law. • Must not partake of the nature of a bill of attainder. • Must not impose cruel and unusual punishment or excessive fines.
7. GENERALITY • Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their
race, belief, sex, or creed. • However, it is subject to certain exceptions brought about by international agreement. • Ambassadors, chiefs of
states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned.
8. EXCEPTIONS TO GENERAL APPLICATION OF CRIMINAL LAW: • Principles Of Public International Law • Treaties Or Treaty Stipulations • Laws Of
Preferential Application
9. TERRITORIAL • The law is binding to all crimes committed within the national territory of the philippines • Exception to territorial application:
instances enumerated under article 2.
10. TERRITORIALITY • Means that the penal laws of the country have force and effect only within its territory. It cannot penalize crimes
committed outside the same. • This is subject to certain exceptions brought about by international agreements and practice. • The territory of
the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. •
Terrestrial jurisdiction is the jurisdiction exercised over land. • Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. •
Aerial jurisdiction is the jurisdiction exercised over the atmosphere.
11. THE ARCHIPELAGIC RULE • All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the
Philippine archipelago are part of the Philippine territory regardless of their breadth, depth, width or dimension.
12. WHAT DETERMINES JURISDICTION IN A CRIMINAL CASE? • Place where the crime was committed; • The nature of the crime committed and; •
The person committing the crime.
13. 3. PROSPECTIVE (PROSPECTIVITY)– •The law does not have any retroactive effect. •Exception to prospective application: when new
statute is favorable to the accused. •This is also called irretrospectivity.
14. * Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. * Vice-versa, this act or
omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate
only prospectively.
15. • The exception where a penal law may be given retroactive application is true only with a repealing law. If it is an original penal law, that
exception can never operate. • What is contemplated by the exception • Is that there is an original law and there is a repealing law repealing the
original law. • It is the repealing law that may be given retroactive application to those who violated the original law, • If the repealing penal law is
more favorable to the offender who violated the original law. If there is only one penal law’ it can never be given retroactive effect.
16. A REPEAL IS ABSOLUTE OR TOTAL WHEN THE CRIME PUNISHED UNDER THE REPEALED LAW HAS BEEN DECRIMINALIZED BY THE REPEAL. EFFECT OF
REPEAL OF PENAL LAW TO LIABILITY OF OFFENDER •BECAUSE OF THE REPEAL, THE ACT OR OMISSION WHICH USED TO BE A CRIME IS NO LONGER A
CRIME. •AN EXAMPLE IS REPUBLIC ACT NO. 7363, WHICH DECRIMINALIZED SUBVERSION.
17. • A REPEAL IS PARTIAL OR RELATIVE WHEN THE CRIME PUNISHED UNDER THE REPEALED LAW CONTINUES TO BE A CRIME INSPITE OF THE REPEAL.
• THIS MEANS THAT THE REPEAL MERELY MODIFIED THE CONDITIONS AFFECTING THE CRIME UNDER THE REPEALED LAW. • THE MODIFICATION MAY BE
PREJUDICIAL OR BENEFICIAL TO THE OFFENDER. • HENCE, THE FOLLOWING RULE:
18. CONSEQUENCES IF REPEAL OF PENAL LAW IS TOTAL OR ABSOLUTE • (1) IF A CASE IS PENDING IN COURT INVOLVING THE VIOLATION OF THE
REPEALED LAW, THE SAME SHALL BE DISMISSED, EVEN THOUGH THEACCUSED MAY BEAHABITUALDELINQUENT. (2) THIS IS SO BECAUSE ALL PERSONS
ACCUSED OF A CRIME ARE PRESUMED INNOCENT UNTIL THEY ARE CONVICTED BY FINAL JUDGMENT. (3) THEREFORE, THEACCUSED SHALLBE
ACQUITTED. •
19. • IF A CASE IS ALREADY DECIDED AND THE ACCUSED IS ALREADY SERVING SENTENCE BY FINAL JUDGMENT, IF THE CONVICT IS NOT A HABITUAL
DELINQUENT, • THEN HE WILL BE ENTITLED TO A RELEASE UNLESS THERE IS A RESERVATION CLAUSE IN THE PENAL LAW THAT IT WILL NOT APPLY TO
THOSE SERVING SENTENCE AT THE TIME OF THE REPEAL. • BUT IF THERE IS NO RESERVATION, THOSE WHO ARE NOT HABITUAL DELINQUENTS EVEN
IF THEY ARE ALREADY SERVING THEIR SENTENCE WILL RECEIVE THE BENEFIT OF THE REPEALING LAW. THEY ARE ENTITLED TO RELEASE
20. • THIS DOES NOT MEAN THAT IF THEY ARE NOT RELEASED, THEY ARE FREE TO ESCAPE. IF THEY ESCAPE, THEY COMMIT THE CRIME OF EVASION
OF SENTENCE, EVEN IF THERE IS NO MORE LEGAL BASIS TO HOLD THEM IN THE PENITENTIARY. • THIS IS SO BECAUSE PRISONERS ARE
ACCOUNTABILITIES OF THE GOVERNMENT; THEY ARE NOT SUPPOSED TO STEP OUT SIMPLY BECAUSE THEIR SENTENCE HAS ALREADY BEEN, OR
THAT THE LAW UNDER WHICH THEY ARE SENTENCED HAS BEEN DECLARED NULL AND VOID.
21. • IF THEY ARE NOT DISCHARGED FROM CONFINEMENT, A PETITION FOR HABEAS CORPUS SHOULD BE FILED TO TEST THE LEGALITY OF THEIR
CONTINUED CONFINEMENT IN JAIL. • IF THE CONVICT, ON THE OTHER HAND, IS A HABITUAL DELINQUENT, HE WILL CONTINUE SERVING THE SENTENCE
IN SPITE OF THE FACT THAT THE LAW UNDER WHICH HE WAS CONVICTED HAS ALREADY BEEN ABSOLUTELY REPEALED. THIS IS SO BECAUSE PENAL
LAWS SHOULD BE GIVEN RETROACTIVE APPLICATION TO FAVOR ONLY THOSE WHO ARE NOT HABITUAL DELINQUENTS.
22. CONSEQUENCES IF REPEAL OF PENAL LAW IS PARTIAL OR RELATIVE • IF ACASE IS PENDING IN COURT INVOLVING THE VIOLATION OF THE
REPEALED LAW, AND THE REPEALING LAW IS MORE FAVORABLE TO THE ACCUSED, IT SHALL BE THE ONE APPLIED TO HIM. • SO WHETHER HE IS A
HABITUAL DELINQUENT OR NOT, IF THE CASE IS STILL PENDING IN COURT, THE REPEALING LAW WILL BE THE ONE TO APPLY UNLESS THERE IS A
SAVING CLAUSE INTHE REPEALING LAWTHATIT SHALLNOTAPPLYTO PENDING CAUSES OFACTION. • • IF A CASE IS ALREADY DECIDED AND THE ACCUSED
IS ALREADY SERVING SENTENCE BY FINAL JUDGMENT, EVEN IF THE REPEALING LAW IS PARTIAL OR RELATIVE, THE CRIME STILL REMAINSTO BEACRIME.
• THOSE WHO ARE NOT HABITUAL DELINQUENTS WILL BENEFIT ON THE EFFECT OF THAT REPEAL, SO THATIF THE REPEALIS MORE LENIENTTO THEM,
ITWILLBE THE REPEALING LAW THATWILLHENCEFORTHAPPLYTO THEM.
23. •EXPRESS OR IMPLIED REPEAL. •EXPRESS OR IMPLIED REPEAL REFERS TO THE MANNER THE REPEAL IS DONE.
24. • EXPRESS REPEAL TAKES PLACE WHEN A SUBSEQUENT LAW CONTAINS A PROVISION THAT SUCH LAW REPEALS AN EARLIER ENACTMENT. • FOR
EXAMPLE, IN REPUBLIC ACT NO. 6425 (THE DANGEROUS DRUGS ACT OF 1972), THERE IS AN EXPRESS PROVISION OF REPEAL OF TITLE V OF THE
REVISED PENAL CODE.
25. • IMPLIED REPEALS ARE NOT FAVORED. IT REQUIRES A COMPETENT COURT TO DECLARE AN IMPLIED REPEAL. • AN IMPLIED REPEAL WILL TAKE
PLACE WHEN THERE IS A LAW ON A PARTICULAR SUBJECT MATTER AND A SUBSEQUENT LAW IS PASSED ALSO ON THE SAME SUBJECT MATTER BUT
IS INCONSISTENT WITH THE FIRST LAW, SUCH THAT THE TWO LAWS CANNOT STAND TOGETHER, ONE OF THE TWO LAWS MUST GIVE WAY. • IT IS
THE EARLIER THAT WILL GIVE WAY TO THE LATER LAW BECAUSE THE LATER LAW EXPRESSES THE RECENT LEGISLATIVE SENTIMENT. SO YOU CAN
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