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Crim1 Review

Crim1 Review

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Published by: rnd159107 on Jun 25, 2010
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01/26/2013

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Criminal Law –
A branch of municipal law which defines crimes,treats of their nature and provides for their punishment.
Limitations on the power of Congress to enact penal laws (ON)
1.Must be general in application.2.Must not partake of the nature of an
ex post facto
law.3.Must not partake of the nature of a bill of attainder.4.Must not impose cruel and unusual punishment or excessivefines.
Characteristics of Criminal Law:
 
1.
General
– the law is binding to all persons who reside in thePhilippines
2.
Territorial
– the law is binding to all crimes committed within theNational Territory of the Philippines
Exception to Territorial Application
: Instances enumerated under Article 2.3.
Prospective
– the law does not have any retroactive effect.
Exception to Prospective Application
: when new statute isfavorable to the accused. 
Effect of repeal of penal law to liability of offender 
Total or absolute, or partial or relative repeal.
-- As to the effect of repeal of penal law to the liability of offender, qualify your answer by saying whether the repeal is absolute or total or whether the repeal is partial or relative only. A
repeal is absolute or total 
when the crime punished under therepealed law has been decriminalized by the repeal. Because of therepeal, the act or omission which used to be a crime is no longer acrime. An example is Republic Act No. 7363, which decriminalized subversion. A
repeal is partial or relative
when the crime punished under therepealed law continues to be a crime inspite of the repeal. Thismeans that the repeal merely modified the conditions affecting thecrime under the repealed law. The modification may be prejudicial or beneficial to the offender. Hence, the following rule:
Consequences if repeal of penal law is total or absolute
(1)
If a case is pending in court involving the violation of therepealed law
, the same shall be dismissed, even though theaccused may be a habitual delinquent.(2)
If a case is already decided and the accused is already servingsentence by final judgment,
if the convict is
not a habitual
1
 
delinquent
, then he will be entitled to a release unless there is areservation clause in the penal law that it will not apply to thoseserving sentence at the time of the repeal.
But if there is noreservation
, those who are not habitual delinquents even if they are already serving their sentence will receive the benefit of therepealing law. They are entitled to release.
If they are not discharged from confinement
, a petition fohabeas corpus should be filed to test the legality of theicontinued confinement in jail.
If the convict, on the other hand, is a habitual delinquent
, he will continue serving the sentence in spite of the fact that the law under which he was convicted has already been absolutely repealed. This is so because penal laws should be givenretroactive application to favor only those who are not habitual delinquents.
Consequences if repeal of penal law is partial or relative
(1)
If a case is pending in court involving the violation of therepealed law, and the repealing law is more favorable to theaccused, i
t shall be the one applied to him. So whether he is ahabitual delinquent or not, if the case is still pending in court,the repealing law will be the one to apply unless there is asaving clause in the repealing law that it shall not apply to pending causes of action.
(2) If a case is already decided and the accused is already servingsentence by final judgment
,
 
even if the repealing law is partial or relative, the crime still remains to be a crime.
Those who arenot habitual delinquents will benefit on the effect of that repeal,so that if the repeal is more lenient to them, it will be therepealing law that will henceforth apply to them.
Under Article 22, even if the offender is already convicted and serving sentence, a law which is beneficial shall be applied tohim unless he is a habitual delinquent in accordance with Rule5 of Article 62.
Consequences if repeal of penal law is express or implied 
(1)
If a penal law is impliedly repealed,
the subsequent repeal of the repealing law will revive the original law. So the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes althoughduring the implied repeal they may not be punishable. 
2
 
(2)
If the repeal is express
, the repeal of the repealing law will not revive the first law, so the act or omission will no longer be penalized.These effects of repeal do not apply to self-repealing laws or thosewhich have automatic termination. An example is the Rent Control Law which is revived by Congress every two years.
Theories of Criminal Law
1.
Classical Theory
– Man is essentially a moral creature with anabsolute free will to choose between good and evil and thereforemore stress is placed upon the result of the felonious act thanupon the criminal himself.
2.
Positivist Theory
– Man is subdued occasionally by a strangeand morbid phenomenon which conditions him to do wrong in spiteof or contrary to his volition.
Eclectic or Mixed Philosophy
This combines both positivist and classical thinking. Crimes that areeconomic and social and nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimesshould be dealt with in a classical manner; thus, capital punishment 
BASIC MAXIMS IN CRIMINAL LAWDoctrine of Pro Reo
Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and onestrict to the offender – that interpretation which is lenient or favorableto the offender will be adopted.
Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing the same. This istrue to civil law countries, but not to common law countries.Because of this maxim, there is no common law crime in thePhilippines. No matter how wrongful, evil or bad the act is, if there isno law defining the act, the same is not considered a crime.
Actus non facit reum, nisi mens sit rea
The act cannot be criminal where the mind is not criminal. This istrue to a felony characterized by dolo, but not a felony resulting fromculpa. This maxim is not an absolute one because it is not applied toculpable felonies, or those that result from negligence.
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