COMPREHENSIVE REVIEWER IN CRIMINAL LAW Books | & 1 Revised Penal Code and Special Laws Atty. Leonor D. Boado sana JA BATHE gy 7 vaA ey . eFUNDAMENTAL PRINCIPLES Le acts cf the Legislature prohibiting certain acts 1B penalties for their violations. Those that ac treat of their nature and provide for their pun- ishment. (Lacson vs. Executive Secretary, 301 SCRA 298, Janta- ary 1999) 2. Criminal law is a branch of public law because it treats of acts or omissions which are primarily wrongs against the State. 3, Constitutional limitations on the power of Congress to en act penal laws among the Bill of Rights: a, ‘The law must be general in application (equal protec- tion), b. _ Itmust observe substantive and procedural due proc- 8, ._Itshould not impose cruel and unusual punishment or excessive fines. yuld not cperate as a bill of attainder. a such 113213, August 15,1994) ‘5. Provisions in the Code complementing ex post facto law: no felony shall be punishable by any penalty ctibed by law prior to its commission. 9: penal laws shall have a retroactive effect in- sofar as they favor the offender who is not a habitual b. 1COMPREHENSIVE REVIWEK IN CHIMINAL.LAW delinquent. Therefore, a law which increases the pen- alty for an act or omission cannot be given retroactive effect. 6. Examples of ex a. Makes an mitted was not crit b. Aggravates the ser ‘was committed. ©. Imposes a pens ens of the crime than when it an when the crime d. Makesit e prosecution to establish the guilt committed. ce Requires a ace than when the Basis — Art. stitution FUNDAMENTAL PRINCIPLES 3 Basis — Art. 2, Revised Penal Code Prospectivity — (when the law shall be applicable) — the law should have only prospective application ex- is favorable to the offender, (iretrospectivity the retroactive application of penal laws.) Basis — Arts, 21 and 22, Revised Penal Code ‘Art. 11(22), Constitution (ex post facto) Art. 4, Civil Code 8, Doctrinal application of the prospectivity rule: a. The prospectivity rule applies to administrative rulings and circulars, and to judicial decisions which though not laws, are evidence of what the laws mean, Thus Under Art. 8 of the New Civil Code, judicial decisions applying the laws or the Constitution form part of the legal system. Legis interpretato legis wim obtinet, This is, especially true in the construction and application of crimi where it is necessary that the punishat an act be reasonably foreseen for the ‘guidance of sodety. (Co vs. CA, G.R. No. 10076, Octo- ber 28, 1993) '. Lex prospicit, nor respicit. The law looks forward not back- ward, The rationale against retroactivity is that a law usually deridesrights which may have already become vested or impairs the obligations ofcontract, hence, un- constitutional, Prior to the statute's nullification it must have been in force and had to be complied with (doc- trine ve fact) It would be to deprive the law it fairness and justiceif there be no recog- had transpired prior to such adjudica- c. Incase of conflict between the mala prohibita doctrine and the prospectivity rule, the latter should prevail be- ‘cause all doubts must be resolved in favor of the ac- cused. (id.) Moreover, ex post facto law isa constitutional ‘edict hence is superior to any doctrine or rule,