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:
– the law is binding to all persons who reside in thePhilippines
– the law is binding to all crimes committed within theNational Territory of the Philippines
Exception to Territorial Application
: Instances enumerated under Article 2.3.
– 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 Thismeans that the repeal merely modified the conditions affecting thecrime under the repealed law.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
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