Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga
CRIMINAL LAW REVIEWER CRIMINAL LAW REVIEWER
I.History of the Revised Penal Law
-- sought to have all laws codified or writtenin a single body of aw.
Spanish Codigo Penal
The royal order dated December 17, 1886, directing the execution of the royaldecree of September 4, 1884, wherein it was ordered that the Penal Code inforce in the Peninsula, as amended in accordance with the recommendations of the code committee, be published and applied in the Philippine Islands, as wellas the Provisional Law of Criminal Procedure which accompanied it. These twolaws, having been published in the Official Gazette of Manila on March 13 and14, 1887, became effective in July 14, 1876.
(US. vs. Tamparong)
Codigo Penal ng Pilipinas
– modified the Spanish Penal Code.
– they tried to translate the Penal code but certain areaswere defectively translated
II.Definition of Penal Law and Criminal Law
Penal laws – laws which relates to penalties
Criminal laws – laws which relates to crimes
Felony -- A crime under the Revised Penal Code is referred to as afelony. Do not use this term in reference to a violation of special law.
Offense -- A crimes punished under a special law is called as statutoryoffense.
Misdemeanor --A minor infraction of the law, such as a violation of anordinance, is referred to as a misdemeanor.
Crime -- Whether the wrongdoing is punished under the Revised PenalCode or under a special law, the generic word crime can be used.
Lorenzo vs. Posadas
Issue: W/N Art. 3606 of a tax law is a penal law thus can be appliedretroactively in conformity with the provisions of Art. 22 of RPC.Decision: A statute is penal when it imposes punishment for an offensecommitted against the state. “Penal Statutes” are statutes, which command orprohibit certain acts and establish penalties for their violation, and even those,which, without expressly prohibiting certain acts, impose a penalty on theircommission.Note: Non-payment of taxes is merely a civil liability/indemnity. The tax codeas it exists today which carries punishments may be considered penalprovisions.
People vs. Moran
Facts: The accused violated the election code and was sentenced by the lowercourt. He was asking for reconsideration and filed a special motion allegingthat the crime complained of had prescribed under the provision of section 71of Act 3030, enacted by the Legislature on March 9, 1922.Issue: W/N penal laws provide for not only penalty but also prescription.Decision: Yes.Decision: The court found the crime to have prescribed (in accordance with thenew law) and set aside the decision. The Election law contained in theAdministrative Code and Act 3030 which amended and modified the former, it isevident that the provision declaring that offenses resulting from the violationsof said Act shall prescribe one year after their commission must haveretroactive effect, the same being favorable to the accused. An exception- togive them retroactive effect when favorable to accused. The exception appliesto a law dealing with prescription of crime: Art 22 applies to a law dealing withprescription of an offense which is intimately connected with that of thepenalty, for the length of time for prescription depends upon the gravity of theoffense. Penal laws not only provide for penalties but also prescriptions.
III.Rationale of Penal LawsUS vs. Sotto
Facts: Vicente Sotto is the director, editor, publisher and printer of a weeklypaper. On May 1915, he edited the paper with the intention of attacking themreputation of Lope K. Santos and two other principals of a labor group. He wasfound guilty of libel.Issue: W/N Sotto was guiltyDecision: Yes. Penalties are used to deter people from doing the same crime.A deterrent effect upon others is one of the purposes of the infliction of apenalty for the violation of the criminal law (Exemplarity).
People vs. Carillo and Raquenio
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