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CRIMINAL LAW REVIEWER ATENEO 2011.pdf

CRIMINAL LAW REVIEWER ATENEO 2011.pdf

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Criminal Law Reviewer Ateneo
Criminal Law Reviewer Ateneo

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Categories:Types, Business/Law
Published by: Anthony Rupac Escasinas on Mar 16, 2013
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12/15/2014

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1
Criminal Law
Bar 2011 Notes
Roland Glenn T. TuazonAteneo de Manila University
T
ABLE OF
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ONTENTS
:1.
 
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A
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I
R
 F
UNDAMENTAL PRINCIPLES AND FELONIES
 Preliminary
 
What is the nature of felonies?
 
o
 
All felonies in RPC are public wrongs, asdistinguished from private wrongs, the latter ofwhich is just a breach of duty or contract of twoprivate parties.
o
 
Although the State has power to prosecutepersons for private crimes, the law gives thevictim the privilege of not instituting actions forprivate crimes: adultery, seduction, abduction,etc. There must be a complaint initiated by theoffended party.
 
Ratio: to protect the latter from shameand humiliation.
 
Rape is no longer a private crime. (Art.344 of RPC)
 –
it is now a crime againstpersons.
 
Under RA 8353, the marriage of theoffender and the offended party willextinguish criminal liability of theaccused.
 
Can there be common law crimes in thePhilippines?
 
o
 
No. There are no common law crimes in thePhilippines. Nullum crime nulla poena sinelege.
 
What are the sources of criminal law?
 
2
o
 
RPC, SPL, municipal ordinances.
 
What about administrative regulations? Maythese partake of nature of criminal law?
o
 
YES.
o
 
Requisites
:
 
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?
 
o
 
No.
o
 
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?
 
o
 
1. ISL
 
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.
o
 
2. Habitual delinquency law
o
 
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?
 
o
 
Art 14 of the NCC: Penal laws apply to allthose who live or sojourn in the Philippines,subject to international law or treatystipulations.
o
 
How does international law becomedomestic law, under the 1987 Constitution?
 
 
Transformation
 –
requires that the I-lawbe transformed into domestic law; ex.local legislation
 
Incorporation
 –
international law is partof the law of the land.
 
Immunities from criminal prosecution by certainindividuals:
o
 
1. Covered by the VCDR or exempted bytreaties/laws or preferential application
 
Principle is
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
 
C) ministers-residents
 
D) charges-de-affaires
 
3
 
This principle is inviolable; they are notsubject to local penal laws. They areimmune from arrest and prosecution forviolation for local laws.
 
But one may be temporarily restrained ifhe commits acts that threaten publicorder. The State may simply request forrecall of the diplomat
 –
he will still not beprosecuted locally.
 
X is a citizen of Iran, but is also an
honorary consul
. He was caught inpossession of drugs. Is he exemptfrom prosecution?
 
No. A consul is not exempt fromcriminal prosecution for violationof the penal laws of a countrywhere he is assigned to. He isnot entitled to any immunity ordiplomatic privileges under theVCDR. The nature of the job ofconsuls, vice-consuls, or consuls-general is commercial in nature.
 
Exception
: when there is anagreement between thePhilippines and the sendingcountry. But the exemption is notbased on the nature of hisposition.
 
Except:
immunity does not cover suitsin personal and private capacity as anordinary citizen
 
Liang:
The RP and ADB enteredinto an agreement under whichofficers and staff members enjoyimmunity from legal processesand prosecution, with respect toacts performed in their officialcapacity, except when the bankwaives the immunity. In thiscase, the ADB officer committedgrave oral defamation, which isultra vires. He is not immune.This is not covered by immunitybecause he was not performinghis duty.
o
 
2.
RA 7055
 
 –
Members of the AFP and officerscharged with service-connected offenses
 
Who are officers and members of theAFP?
 
Article 1: members of AFP, thosesubject to military law, membersof the Citizens Armed ForcesGeographical Units (CAFGU)
 
What is the general rule?
 
Civilian courts have jurisdictionover crimes committed bymembers of the AFP.

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