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Crim 13
Crim 13
Criminal Law: Criminal Law – the branch or division of law which defines crimes,
Crime defined treats of their nature, and provides for their punishment.
Offense – crime punishable under special laws (any other laws other
than the RPC).
E. Waivable rights
- Right of the accused to confrontation and cross-
examination
- Rights which may be waived are personal.
F. Non-waivable rights
- Right of the accused to be informed of the nature and cause
of accusation against him
- Rights which may not be waived involved public interest.
Three characteristics A. General
of Criminal Law; - Criminal law is binding on all persons who live or sojourn
theories in Criminal in the Philippine territory (Art.14, NCC).
Law a. Exceptions
1. “Subject to the principles of public international
law and to treaty stipulations”
2. Law of preferential application, RA 75 which
exempts from arrests or imprisonment ambassadors
or public minister of any foreign State.
3. Persons exempt from the operation of criminal
laws by virtue of public international law:
i. Ambassadors and other heads of mission of
equivalent rank
ii. Envoys extraordinary, minister’s
plenipotentiary, and other representatives
who are accredited to the hosts heads of
State
iii. Charges d’ affaires, accredited to the
minister of foreign affairs.
4. Sovereign immunity from suit (except when state
officials are sued in their personal capacity).
5. Presidential immunity from suit during tenure or
actual incumbency, the president enjoys immunity
from suit.
B. Territorial
- Criminal Law undertake to punish crimes committed
within Philippine territory.
- Penal laws of the Philippines are enforceable only within
its territory.
a) Article 2 (RPC)
➢ Enforced within the Philippine Archipelago,
including its atmosphere, interior waters, and
maritime zone.
b) Exceptions
➢ The provisions of the RPC shall apply outside
Philippine jurisdiction against those who:
1. Commit an offense while on a Philippine ship
or airship
2. Forge or counterfeit any coin or currency
note of the Philippines or obligations and
securities issued by the government of the
Philippines
3. Liable for acts connected with the
introductions into the Philippines of the
obligations and securities mentioned in the
preceding number
4. Public officer or employees should commit
an offense in the exercise of their functions
5. Commit any of the crimes against national
security and the law of nations
C. Prospective
- Penal laws shall have no retroactive application, lest they
acquire the character of an ex post facto law.
- Article 21 (RPC), “no felony shall be punishable by any
penalty not prescribed by the law prior to its
commission.”
a) Exceptions
➢ When the new penal law establishes more lenient or
favorable to the accused.
➢ When it is favorable to the accused.
i. Except
o Where the new law is made
inapplicable to pending actions or
existing causes of action.
o Offender is a habitual criminal
under Rule 5, Article 62 (RPC).
Repeal of Penal Law A. Effects of repeal on penal law
a) Repeal makes the penalty lighter in the new law, the new
law shall be applied, except:
1. When the offender is a habitual delinquent
2. New law is not made applicable pending action or
existing causes of action
b) Repeal imposes a heavier penalty the law in force at the
time of the commission of the offense shall be applied
c) If the new law absolutely repealed the penal law the
crime is obliterated.
B. Repeal is absolute, offense cease to be Criminal
- The absolute repeal of a penal law has the effect of
depriving a court of its authority to punish a person
charged with violation of the old law prior to its repeal.
C. New law and old law penalize the same offense, offender
can be tried under the old law
- When the repealing law penalizes an offense of the
former law, such does not have the effect of depriving the
courts of jurisdiction to try, convict, and sentence offenders
charged with violation of the old law prior to repeal.
D. Repealing law fails to penalize the offense under the old
law, accused cannot be convicted under the new law
- Court loses jurisdiction when the repealing law fails to
penalize the act defined and penalize as an offense in the
old law.
E. Self-repealing law
- Where an act expires by its own limitation, the effect is
the same as though it had been repealed at the time of its
expiration.
Construction of A. Penal Laws are strictly construed against the government and
Penal Laws liberally in favor of the accused.
- May be invoked only where the law is ambiguous and there
is doubt as to its interpretation. Where the law is clear and
unambiguous, there is no room for the application of the
rule.