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CJL3: Criminal Law (Book 1) : Module 1: General Consideration in The Study of Criminal Law
CJL3: Criminal Law (Book 1) : Module 1: General Consideration in The Study of Criminal Law
Prepared by:
Pahad D. Cadalay
Faculty
Module 1: General consideration in the study of criminal law
Introduction
Criminal law one is the study of basic concepts and principles of criminal law.
This course specifically covers the basic concepts relative to crimes, offense and a
felony. This also includes the constitutional and statutory rights of the accused, the
difference between crime Mala in se and Mala prohibita, and the concepts of complex
and compound crimes among others.
In this particular module I will be discussing with you the general considerations
relative to the study of criminal law. As you go along, you will see questions. These
questions are to be answered by you and at the end of the week as I retrieve your
module you are required to submit your answer in written form and compiled in a short
size folder.
Objectives:
The ultimate objective of this module is that by the end of the week you will be
able to:
Pre-Test
Before you start with the module proper I want you to answer this pre-test first so
that I can identify the areas of concern that I may focus with. Write your answer in the
space provided before each item.
1. It is define as that branch or division of law which defines crimes, threats of their
nature, and provide for their punishment.
a. Crime
b. Criminal Law
c. Revised Penal Code
d. Special Penal Laws
2. The following are the sources of criminal laws, except;
a. Revised Penal Code
b. Special Pena Laws passed by the Congress
c. Penal Presidential Decree issued during Martial Law
d. Executive orders
3. The basis of criminal law is mainly founded on what?
a. Police power of the state
b. Power of eminent domain
c. Power of Taxation
d. Law enforcement
4. When we say ex-post facto law what comes in your mind first?
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5. What is bill of attainder what do you know about it?
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To check your answers please see the key to correction provided in the last page of this module.
Learning Activity
You are now with the module proper. Please read comprehend each topic. Don’t rush it
manage your time and read it when you feel to. Good luck!
Criminal Law is defined as that branch or division of law which defines crime,
treats of their nature, and provide for their punishment (REYES, the Revised Penal
Code, Book 1 (2017), p 1).
Bill of Attainder
When we say Bill of Attainder this refers to any legislative act which inflicts
punishment upon person or group of person without the benefit of trial. Its essence is
the substitution of a legislative act for judicial determination of quilt.
Example: The congress passes a law which authorizes the arrest and
imprisonment of communist without the benefit of judicial trial.
Characteristics of Criminal Law
Our criminal law has three main characteristics; (1) Generality, (2) Territoriality,
and; (3) Prospective.
Generality simply means that our criminal law is binding upon all persons who live or
sojourn in the Philippine territory whether permanent or temporary. Article 14 of our New
Civil Code provides that “penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory, subject to the principle
of public international law and to treaty stipulations. Thus foreigners are subject to our
criminal laws while they are in the Philippines.
Question 1: May an American citizen be prosecuted for illegal possession of firearms in
our country considering that under the constitution of the United States its citizens has
the right to bear arms without the need of applying and securing a government license?
Take note however that the rule on generality is not absolute as it is subject to
certain exceptions. The exceptions are those provided under international law and
treaty stipulations. Under the principle of public international law, the following persons
are exempted from criminal liability; (1) sovereign and other chief of state, (2)
ambassadors, (3) ministers plenipotentiary, (4) ministers resident, and (5) charges
d’affaires. Example, if the president of the United States went to the Philippines and
slapped A he cannot be prosecuted for physical injury because being a chief of state he
is one of those exempted under the principle of public international law. With respect to
treaty stipulations the best examples are those provided under the Visiting Forces
Agreement between the United States and the Philippines.
Territorial means that our criminal law tends to punish only those crimes committed
within the Philippine territory. Thus if, say Juan, a Filipino citizen committed adultery
while in the United States he cannot be prosecuted here as the crime was committed
outside the territorial jurisdiction of the Philippines. But may A be prosecuted for the
crime of treason committed in the United States? The answer is yes because treason is
a crime against national security and thus one of those provided under Article 2 of the
Revised Penal Code which gives rise to certain exceptions to the rule of territoriality.
Question:
Maria and Pedro contracted marriage in the Philippines in 2015. In 2019 Maria went to
the United States and contracted a second marriage with Juan. May Maria be
prosecuted for the crime of bigamy here in the Philippines?
Prospective means that penal laws should be enforced prospectively. Meaning penal
laws cannot make an act punishable in a manner in which it was not punishable when
committed. However, penal laws may be given retroactive effect when it is favorable to
the accused. But there are instances where penal laws may not be given retroactive
effect even if it is favorable to the accused and these are; (1) When the new law is
expressly made inapplicable to pending actions or existing causes of action, and (2)
where the offender is a habitual criminal. A person is a habitual delinquent if within a
period of ten years from the date of his (last) release or last conviction of the crimes of
(1) serious physical injury, (2) robbery, (3) theft, (4) estafa, (5) falsification.
Construction of penal laws as a rule when the penal law is ambiguous meaning
uncertain they must be construed against the government and liberally in favor of the
accused.
The equipoise rule. Under this rule if the evidence presented is evenly balance
meaning one may lead to acquittal and the other leads to conviction the accused must
be acquitted in recognition of the constitutional right of the accused to presumption of
innocence.
1. b
2. d
3. a
4. An ex-post facto law is any law which criminalizes an act which when done was innocent
and punishes the same.
5. Bill of Attainder is any legislative act which any inflicts punishment upon person or
group of person without the benefit of trial. Its essence is the substitution of a
legislative act for judicial determination of quilt.