RPC, SPL, municipal ordinances.
What about administrative regulations? Maythese partake of nature of criminal law?
1) Violation of admin regulation must bemade a crime by the delegating statute
2) Penalty for violation must be providedby the statute itself.
Are judicial decisions by the SC penal laws?
Article 8 of NCC: judicial decisions interpretingthe Constitution form part of the legal system ofthe Philippines. But decisions of the SCinterpreting criminal statutes are not penal lawsper se
they are merely interpretative.
What are examples of laws in Philippine criminallaw that follow the positivist theory?
The ISL was approved to uplift andimprove human life. Not focused on theperson as a criminal, but the law takesinto account economic usefulness ofoffender and excessiveness ofdeprivation of liberty.
2. Habitual delinquency law
The State is concerned not just with protectivesocial order against criminal acts, but alsoredeeming the individual for social ends. Not just retribution, but reformation.
What is the principle of generality?
Art 14 of the NCC: Penal laws apply to allthose who live or sojourn in the Philippines,subject to international law or treatystipulations.
How does international law becomedomestic law, under the 1987 Constitution?
requires that the I-lawbe transformed into domestic law; ex.local legislation
international law is partof the law of the land.
Immunities from criminal prosecution by certainindividuals:
1. Covered by the VCDR or exempted bytreaties/laws or preferential application
par in parem non habetimperium
suing them is tantamount tosuing the State they represent
Who are the diplomats covered?Classified into four:
A) ambassadors, ambassadorsextraordinary
B) ministers and papalinternuncios