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or creed. belief. Whenever you are asked to explain this. This includes consul-general. Terrestrial jurisdiction is the jurisdiction exercised over land.Prospectivity. It cannot penalize crimes committed outside the same. Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. Consuls are subject to the penal laws of the country where they are assigned. It refers to persons that may be governed by the penal law. It has no reference to territory. Ambassadors. However. not immune to the operation or application of the penal law of the country where they are assigned. because the Philippines adopted the1 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON . it does not include territory. GENERALITY Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race. width or dimension. vice-consul or any consul in a foreign country. Note that consuls are not diplomatic officers. This is subject to certain exceptions brought about by international agreements and practice. The Archipelagic Rule All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. TERRITORIALITY Territoriality means that the penal laws of the country have force and effect only within its territory. depth. chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. who are therefore. On the fluvial jurisdiction there is presently a departure from the accepted International Law Rule. sex. it is subject to certain exceptions brought about by international agreement. Aerial jurisdiction is the jurisdiction exercised over the atmosphere.
all waters in the archipelago regardless of breadth width. of the Constitution. Under this theory. Question & Answer If a foreign merchant vessel is in the center lane and a crime was committed there. the center lane in excess of the 3 miles on both sides is considered international waters. In the International Law Rule. if a crime was committed on an aircraft which is already beyond the control of the subjacent state. all these waters. the law of that country does not govern unless the crime affects the national security. what law will apply? The law of the country where that vessel is registered will apply. there is no more center lane. So if a foreign merchant vessel is in the center lane and a crime was committed. then its criminal law will govern.ONC CRIMINAL RIMINALL LAW AW Archipelagic Rule. when a strait within a country has a width of more than 6 miles. (2) Relative Theory â exercises jurisdiction over The subjacent state its atmosphere only to the extent that it can effectively exercise control thereof. because the crime is deemed to have been committed in the high seas. But if the crime is committed in an aircraft within the atmosphere over a subjacent state which exercises control. the crime will be prosecuted before Philippine courts. Three international law theories on aerial jurisdiction (1) The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state. regardless of their dimension or width are part of Philippine territory. the criminal law of that state will not govern anymore. if a crime is committed on board a foreign aircraft at the atmosphere of a country. (3) Absolute Theory â The subjacent state has complete jurisdiction over the atmosphere above it subject only to innocent passage by aircraft of foreign country. Under the Archipelagic Rule as declared in Article 1. . or dimension are part of our national territory. The Relative Theory Under this theory. Under this Rule. except for the protection of its national security and public order. under the International Law Rule.
no matter how high. Vice-versa. dated December 15. What is contemplated by the exception is that there is an original law and there is a repealing law repealing the original law. Philippine criminal law will govern. It is the repealing law that may be given retroactive application to those who violated the original law. the drawer is not criminally liable for either estafa or violation . Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. 1981. as long as it can establish that it is within the Philippine atmosphere. if the crime is committed in an aircraft. it was held that the principle of prospectivity of statutes also applies to administrative rulings and circulars. Circular No. CA. if the repealing penal law is more favorable to the offender who violated the original law. 2 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW The exception where a penal law may be given retroactive application is true only with a repealing law. In some textbooks. 4 of the Ministry of Justice. If it is an original penal law. provides that â where the check is issued as part of an arrangement to guarantee or secure the payment of an obligation. an exemption is said to exist when the penal law is favorable to the offender. If there is only one penal law. provided that the offender is not a habitual delinquent and there is no provision in the law against its retroactive application. 1993. Rule of prospectivity also applies to administrative rulings and circulars In Co v. This is the theory adopted by the Philippines. PROSPECTIVITY This is also called irretrospectivity. in which case it would have retroactive application. that exception can never operate. this act or omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate only prospectively. it can never be given retroactive effect. In this case. decided on October 28.Under this theory. whether pre-existing or not.
This means that the repeal merely modified the conditions affecting the crime under the repealed law.of BP22. But consistent with the principle of prospectivity. A repeal is absolute or total when the crime punished under the repealed law has been decriminalized by the repeal. Because of the repeal. or partial or relative repeal. 12. Therefore. it was ruled in Que v. is no longer a valid defense for the prosecution of BP22. Hence. there are references as to whether the repeal is express or implied. nevertheless.As to the effect of repeal of penal law to the liability of offender. then he will be entitled to a release unless there is a reservation clause in the penal law that it will not apply to those serving sentence at the time of the repeal. the same shall be dismissed. qualify your answer by saying whether the repeal is absolute or total or whether the repeal is partial or relative only. if the convict is not a habitual delinquent. those who are3 . the accused shall be acquitted. 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 the repealed law.â Subsequently. Total or absolute. What affects the criminal liability of an offender is not whether a penal law is expressly or impliedly repealed. 7363. A repeal is partial or relative when the crime punished under the repealed law continues to be a crime inspite of the repeal. No retrospective effect. the new doctrine should not apply to parties who had relied on the old doctrine and acted on the faith thereof. The modification may be prejudicial or beneficial to the offender. People that a check issued merely to guarantee the performance of an obligation is. the administrative interpretation of was reversed in Circular No. This is so because all persons accused of a crime are presumed innocent until they are convicted by final judgment. which decriminalized subversion. -. such that the claim that the check was issued as a guarantee or part of an arrangement to secure an obligation or to facilitate collection. it is whether it is absolutely or totally repealed. even though the accused may be a habitual delinquent. issued on August 8. 1984. An example is Republic Act No. (2) If a case is already decided and the accused is already serving sentence by final judgment. covered by BP 22. But if there is no reservation. Hence. or relatively or partially repealed. Effect of repeal of penal law to liability of offender In some commentaries. the act or omission which used to be a crime is no longer a crime.
They are entitled to release. 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. the prisoner who is serving sentence. If they are not discharged from confinement. the jail guard who allowed A to go. is concerned. Question & Answer A. . on the other hand. learns that he is already overstaying in jail because his jail guard. is concerned. they commit the crime of evasion of sentence. even if there is no more legal basis to hold them in the penitentiary. If they escape. This is so because prisoners are accountabilities of the government. A got out of jail and went home. If the convict. As far as B. the crime committed is evasion of sentence. B. Consequences if repeal of penal law is partial or relative (1) If a case is pending in court involving the violation of the repealed law. they are not supposed to step out simply because their sentence has already been. a prisoner. the crime committed is infidelity in the custody of prisoners. and the repealing law is more favorable to the accused. who happens to be a law student advised him that there is no more legal ground for his continued imprisonment. they are free to escape. This is so because penal laws should be given retroactive application to favor only those who are not habitual delinquents.R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW not habitual delinquents even if they are already serving their sentence will receive the benefit of the repealing law. it shall be the one applied to him. Was there any crime committed? As far as A. or that the law under which they are sentenced has been declared null and void. This does not mean that if they are not released. and B told him that he can go. a petition for habeas corpus should be filed to test the legality of their continued confinement in jail.
even if the offender is already convicted and serving sentence. 4 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW Express or implied repeal. Implied repeals are not favored. Those who are not habitual delinquents will benefit on the effect of that repeal. it will be the repealing law that will henceforth apply to them. even if the repealing law is partial or relative. in Republic Act No. one of the two laws must give way. So you can have an implied repeal when there are two inconsistent laws. there is an express provision of repeal of Title V of the Revised Penal Code. It is the earlier that will give way to the later law because the later law expresses the recent legislative sentiment. When the earlier law does not expressly provide that it is repealing an earlier . For example. such that the two laws cannot stand together. Under Article 22.â Express or implied repeal refers to the manner the repeal is done. so that if the repeal is more lenient to them. Express repeal takes place when a subsequent law contains a provision that such law repeals an earlier enactment. the penalty is six years. a law which is beneficial shall be applied to him unless he is a habitual delinquent in accordance with Rule 5 of Article 62. This retroactive application will not be possible if there is a saving clause that provides that it should not be given retroactive effect. the crime still remains to be a crime. it is four years. under the original law.So whether he is a habitual delinquent or not. if the case is still pending in court. For example. 6425 (The Dangerous Drugs Act of 1972). Those convicted under the original law will be subjected to the four-year penalty. An implied repeal will take place when there is a law on a particular subject matter and a subsequent law is passed also on the same subject matter but is inconsistent with the first law. It requires a competent court to declare an implied repeal. Under the repealing law. the repealing law will be the one to apply unless there is a saving 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 serving sentence by final judgment.
law.repealing laws or those which have automatic termination. is considered a correctional penalty.00 will be considered correctional and it will prescribe within 10 years.00.000. If the two laws can be reconciled. prescribes within two months. On the other hand. Consequences if repeal of penal law is express or implied (1) If a penal law is impliedly repealed. implies a condonation of the punishment. light felonies are those infractions of the law for the commission of which a penalty of arresto mayor or a fine not exceeding P200. When there is a repeal. what has taken place here is implied repeal. therefore. so the act or omission will no longer be penalized.00 or both is provided. under Article 9. 5 R REVISED EVISEDO ORTEGA RTEGAL LECTURE . that felony will be considered a light felony and. the repealing law expresses the legislative intention to do away with such law. under Article 26. and. 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 although during the implied repeal they may not be punishable. therefore. the Supreme Court ruled that if the issue involves the prescription of the crime. This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused and consistent with presumption of innocence of the accused. BASIC MAXIMS IN CRIMINAL LAW Doctrine of Pro Reo Whenever a penal law is to be construed or applied and the law admits of two interpretations â one lenient to the offender and one strict to the offender â that interpretation which is lenient or favorable to the offender will be adopted. But if the issue involves prescription of the penalty.terminating law because there was no repeal at all. the subsequent repeal of the repealing law will revive the original law. Clearly. (2) If the repeal is express. a fine whether imposed as a single or an alternative penalty. if it exceeds P6. the court shall always try to avoid an implied repeal. An example is the Rent Control Law which is revived by Congress every two years. Such legislative intention does not exist in a self.00 but is not less than P 200. These effects of repeal do not apply to self. For example. This is peculiar only to criminal law. So to harmonize them. the fine of P200. the repeal of the repealing law will not revive the first law. the court avoided the collision between the two articles. These two articles appear to be inconsistent.
the mala prohibita principle which . since it is more favorable for the accused to interpret the law. This is punished by reclusion perpetua to death. This is true to civil law countries. Nullum crimen. If the law punishing an act is ambiguous. we interpret the ISLAW to mean that the penalty imposable and not the penalty prescribed by law. since criminal law is directed against acts and omissions which the society does not approve. Consistent with this theory. would you give the accused the benefit of the Indeterminate Sentence Law (ISLAW)? The ISLAW does not apply when the penalty imposed is life imprisonment of death. it is null and void. if there is no law defining the act. but not to common law countries. Not any law punishing an act or omission may be valid as a criminal law. Common law crimes are wrongful acts which the community/society condemns as contemptible. Taking into account the doctrine. This maxim is not an absolute one because it is not applied to culpable felonies. Would you consider the penalty imposable or the penalty imposed. The courts. then you go against the Doctrine of Pro Reo because you can interpret the ISLAW in a more lenient manner. This is true to a felony characterized by dolo. Utilitarian Theory or Protective Theory The primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers. should direct the punishment to potential or actual wrongdoers. in exacting retribution for the wronged society. therefore. nulla poena sine lege There is no crime when there is no law punishing the same. even though there is no law declaring the act criminal. evil or bad the act is. nisi mens sit rea The act cannot be criminal where the mind is not criminal. or those that result from negligence.ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW Question & Answer One boy was accused of parricide and was found guilty. there is no common law crime in the Philippines. Assuming you were the judge. but not a felony resulting from culpa. Actus non facit reum. the same is not considered a crime. taking into consideration the mitigating circumstance of minority? If you will answer "no". Because of this maxim. No matter how wrongful.
punishes an offense regardless of malice or criminal intent. should not be utilized to apply the full harshness of the special law. do not start with the Revised Penal Code. many provisions of the Revised Penal Code were no longer from the Spanish Penal Code. if a man would have a relation with a married woman. she is penalized. DEVELOPMENT OF CRIMINAL LAW IN THE PHILIPPINES Code of Kalantiao If you will be asked about the development of criminal law in the Philippines. In Magno v CA. Instead. Who is Rafael Del Pan? He drafted a correctional code which was after the Spanish Codigo Penal was extended to the Philippines. Even offending religious things. 1876. This was made effective in the Philippines in July 14. This committee was the one who drafted the present Revised Penal Code. one of the reference that they took hold of was the correctional code of Del Pan. the Supreme Court acquitted Magno of violation of Batas Pambansa Blg. decided on June 26. Under the Code of Kalantiao. they were lifted from the correctional code of . The Filipinos have their own set of penology also. In fact. The Code of Kalantiao has certain penal 6 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW provisions. 22 when he acted without malice. are penalized. 1992. He should have returned the checks to Magno when he pulled out the equipment. To convict the accused would defeat the noble objective of the law and the law would be tainted with materialism and opportunism. the Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of 1870. The present Revised Penal Code When a committee to draft the Revised Penal Code was formed. Under this code. The wrongdoer is not Magno but the lessor who deposited the checks. such as gods. But that correctional code was never enacted into law. Adultery is a crime during those days. a committee was organized headed by then Anacleto Diaz. Spanish Codigo Penal When the Spanish Colonizers came. there were penal provisions.
Del Pan. Among those who participated in drafting the Code of Crimes was Judge Guellermo Guevarra. During that time. The Congress was planning to revive it so that it can be enacted into law. This Penal Code of the Philippines was substituted as Cabinet Bill no. There were seven members of the code committee. 2 and this has been discussed in the floor of the Batasang Pambansa. there were several oppositions against the code. traits as well as beliefs of the Filipinos. Cabinet Bill No. there are many Presidential Decrees issued aside from the special laws passed by the Philippine Legislature Commission. Special Laws During Martial Law. slept in Congress. This too. there were only a handful who understood Spanish. 2. the code committee drafted the so-called Code of Crimes. the UP Law Center formed a committee which drafted the Penal Code of the Philippines. But it was the Code of Crimes that that was presented in the Batasan as Cabinet Bill no. All these special laws. Code of Crimes by Guevarra During the time of President Manuel Roxas. he enacted his own code of crimes. So the Code of Crimes now in Congress was not the Code of Crimes during the time of President Roxas.com/explore/Research/Law> . Since that Code of Crimes was never enacted as law. Proposed Penal Code of the Philippines Through Assemblyman Estelito Mendoza.scribd. So it was him who formulated or paraphrased this provision making it simpler and more understandable to Filipinos because at that time.com/explore/Research> > Law <http://www. a code commission was tasked to draft a penal code that will be more in keeping with the custom. 7 Criminal Law UPRevised Ortega Lecture Notes I Reads: 725 Uploaded: 03/06/2010 Category: Research <http://www. traditions. Because the code of crimes prepared by Guevarra was more of a moral code than a penal code. It was never enacted into law. It would have been enacted into law it not for the dissolution of the Batasang Pambansa dissolved. one of them was Professor Ortega. 2 is the Penal Code of the Philippines drafted by a code committee chosen by the UP Law Center. are part of our Penal Code. which are penal in character.scribd. This is a different one.
google.scribd. <http://www.com&status=Reading%20%22Criminal%20Law%20 UPRevised%20Ortega%20Lecture%20Notes%20I%22%20on%20Scribd%20http%3A%2F%2Fwww.Rated: B6c12c5d9e <http://www..com/buzz/post?url=http%3A%2F%2Fwww.scribd.scribd.com/doc/29277750/14033088-CRIMINAL-LAW-1-REVIEWER-Padil la-Cases-and-Notes-Ortega-Notes> . <http://www.com/doc/4068864/Criminal-Law-1> Reads: 8799 115 p.com/twocubes> twocubes <http://www.com%2Fdoc%2F279151 89%2FCriminal-Law-UPRevised-Ortega-Lecture-Notes-I%23source%3Afacebook> <http://twitter.facebook.scr ibd. 102 p.scribd.com/doc/6053870/UPRevised-Ortega-Lecture-Notes-Crim-I> UP-Revised Ortega Lecture Notes Cr.scribd.com%2Fdoc%2F27915189%20%23Readcast> <http://www. 110 p..com/doc/4068864/Criminal-Law-1> Philippine Criminal Law Reviewer <http://www.com/sharer. <http://www.scribd.scribd.scribd.com%2Fdoc%2F2791518 9%2FCriminal-Law-UPRevised-Ortega-Lecture-Notes-I&message=> <mailto:> Link / URL: Embed Size & Settings: * * * * Width: Auto Height: (proportional to specified width) Start on page: Preview View: More share options Related 1. <http://www.scribd.com/doc/6053870/UPRevised-Ortega-Lecture-Notes-Crim-I> Reads: 2516 115 p.scribd.php?u=http%3A%2F%2Fwww.com/doc/8526846/UPRevised-Ortega-Lecture-Notes-I> UP-Revised Ortega Lecture Notes I <http://www. <http://www.scribd.com/home?source=scribd.com/doc/8526846/UPRevised-Ortega-Lecture-Notes-I> Reads: 3006 2.com/twocubes> <#> Share & Embed <http://www.
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