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Criminal law branch/division of law which defines crimes, treats of their nature and provides for their punishment

t Criminal Procedure- body of rules that enforces or regulates Criminal Law - provides for the steps in the prosecution and conviction of an accused. The power to Define and Punish crimes is vested in the STATE, under its police power The right to Prosecute and Punish is vested in the Sovereign Power, which is the Filipino People (that is why its called PEOPLE OF THE PHILIPPINES VS. BOY BATO) Theories in Criminal law 1. Classical objective is RETRIBUTION / emphasis on the crime/liability arises from knowledge 2. Positivist objective is REFORMATION/emp on the criminal/believes that crime is a social phenomenon 3. Mixed or Eclectic- combination of 1 and 2/ applies Classical Theory for Heinous Crimes/ applies positivist for economic and social crimes THE PH- is CLASSICAL since its copied from the Spanish Penal Code which is BASED on the FRENCH CODE which is CLASSICAL in orientation, but with a few trappings of POSITIVIST LAW, like the provision on Impossible crimes and habitual delinquency Our system is a little bit of both classical and positivist, meaning Eclectic, because of the recent laws enacted by the legislature that are positivist in nature e.g. Probation Law of 1976 Republic Act 9344 (Juvenile Justice and Welfare Act of 2006) - defines a child at risk and a child in conflict with the law Republic Act 9372 (Human Security Act) x-----------------------------------------------------x COMPONENTS OF A CASE 1. Criminal aspect seeks the imposition of penalty provided by law 2. Civil aspect for the interest of the offended party -indemnity/damages/ restitution of things/ reparation/ indemnification of the damages Role of the offended party to act as witness for the government Compromise agreements affidavit of desistance (has to be signed by the prosecution) x------------------------------------x Article 2, Section 2 Obligations and Securities of the GSIS, SSS, and Landbank are not of the Government because they have separate charters Examples of Obligation & Securities of the PHILIPPINE GOV: 1. Treasury bills 2. PCSO and LOTTO Tickets 3. BONDS of the Central Bank of the Phillippines

Article 2, Section 3 - Those who introduced the counterfeit items are criminally liable, even if they were not the ones who counterfeited the obligation and securities -Those who counterfeited are criminally liable even if they did not introduce such items Article 2, Section 4 The crime should be related to the offenders official functions as a public officer EXAMPLE : PH Ambassador to JAMAICA, committed malversation of funds and falsification of public documents, while in office in JAMAICE = can be held liable in the PH courts baaaby If the same asshole ambassador committed RAPE = He cant be liable in the PH courts, cause it is not related to his official functions as a diplomat Article 2, Section 5 CRIMES AGAINST NATIONAL SECURITY: Treason (betrayal), Espionage (Spying) CRIMES AGAINST THE LAW OF NATIONS: Genocide (Crimes against humanity), Terrorism (War Crimes) >>>>>Coup de etat and rebellion are not covered by Article 2, Section 5 because these are Crimes against public order (CAPO) French Rule- emphasis is on the Nationality of the vessel; where its fucking registered - crime is NOT TRIABLE - UNLESS the crime endangers the peace and security of the other country English Rule emphasis is on the Territoriality of the vessel; where the bitch is located - crime is TRIABLE -Unless the crime is a purely internal matters for faggots The Philippines adheres to the English Rule <3 1. 2. 3. 4. 5. WARSHIP RULE COUNTERFEIT INTRODUCE PUBLIC OFFICIAL FUNCTIONS CANS/ CATLON

1. There must be an act or ommision Act any physical movement of the body (Amurao) - any bodily movement tending to produce some effect in the external world (REYES) Omission - inaction

-failure to perform a positive duty which one is bound to do - there must be a law requiring it (people vs atienza and silvestre) Ex. Misprision of treason / arbitrary detention 2. Punishable by the RPC - when there is a conflict between special penal laws and the Revised Penal Code in the Terms of the application of penalties, what to follow? What is important is the definition and the classification of the act (whether it is an offense or a felony) Offense special law Felony - rpc Special Penal Laws = penalties are stated in terms of years, months, days Revised Penal Code = penalties are stated in terms of degrees, with death/capital punishment as the highest penalty; CLASSIFIED as INDIVISIBLE or DIVISIBLE a. INDIVISIBLE = death and public censure b. Divisible (has 3 periods; what period to apply is dependent on the aggravating and mitigating circumstance present in the case)

PENALTIES under RPC (pababa) Death/Capital Punishment Indivisible >>DIVISIBLE<<< : Reclusion Perpetua (20yrs & 1 day- 40yrs) Reclusion Temporal (12yrs & 1 day 20yrs) Prision mayor (6yrs & 1 day 12yrs) Prision Correccional or Destierro (6 mos & 1 day 6 yrs) Arresto Mayor (1 mo & 1 day 6 mos) Arresto Menor (1 day 30 days) >>DIVISIBLE<<<: FINE PUBLIC CENSURE INDIVISIBLE 3. The acts done should be voluntary Voluntary - the concurrence of Intelligence, Freedom, Intent (Int Fr Int)

DIVISIBLE