SPECIAL LAWS Prosdentil Decree No, 1612 (nti Fencing Law of 1979) on — Act No. 4108 as amended by Act No. 4228 (ndotorminate Stance Law) on : residential Docree No. 968, as amended by Presidential ‘Decree No, 1267, and a fureheremonded by Bates ‘Pambansa Bg. 16 and Presidential Doers No. 1860 (Probation Law) oon ve ‘Presidential Desrea No, 609, a8 amended by Presidential ‘Decree Ne 1179 (tne Chil. And Youth Weifare Cade) — Republic Aet No. 9944 (Guvenle Justice and Welfare At 02008) vcs oe 102 CRIMINAL LAW Criminal Law, defined, Criminal laws that branch o division of law which defines crimes, teat of heir natare, and provides thelr punahrsent, (12 Gye 128) Crime, defined. Crime lsan te cormited or onite in vilation ofa public aw forbidding or commanding it. 1 Bouvir's Law Dictionary, Rawle’ ‘Thicd Revision, 728) Sources of Philippine Criminal Law. 4 ThoRovisedPonel Code (Act No, $815)anditsamendments 2. Spocil Penal Lews pssod by the Pilppine Cmmlaslon, Philippine Assembly, Philippine Logilstore, National ‘Assembly, the Contrese af the Philippines, and the Betaseng Pambenea Penal Presidential Deres isnued ducing Martial Law. ‘No common lav erimes in the Philippines. ‘The scaled comtnon lw eres, awa in the United States and Bnglond ob the body of principles usages and rules of action, ‘which do ot rest for thelr authority upon any express and positive Gociaration ofthe wil ofthe lgislatre, aro aot recognized inthis ‘runt. Unless there be parla provision inthe panal eae for special penal law that defines end punishes the act eves if it be ucally or morally wrong no clminal laity fe ineureed by ts ‘omunision. (See U.S. v. Taylor, 28 Phil, 590, 604) Court decisions are nat soures of erminal Jaw, beesusa they merely explain the meaning of and apply, tho law as nacied by the legislative branch of he gvemnmsos"THE REVISED PRNAL CODE ‘Criminal Low Power to define and punish crimes, ‘ho State has the authority, under is police power, to define and ith crimes and to lay down the rus ofriminal procedure. States, 85a part of thelr pllos power, have a large measure of discretion ‘eating and defining eriminal offences. (Panple . Santiago, 43 Phi 120,126) ‘The right of prosecution sad punishment fora erimne Se one of the attriputos that by natural Ine blongs tothe sovereign power instinctively chargd hy the commen wil ofthe members of coelet) to look after, guard and defend the interests ofthe community, the individual and social rights and the liberties of every tien andthe guaranty othe exorese ot hisrightsULS.. Pablo, 95 Phil 4,100) Limitations on the power of the lawmaking body to enact penal legisation ‘Tho Billof Rights ofthe 1987 Consittion imposes tho fillowing limitations: 1. Now pou facto law or bill fats shall bu enected. (ei, See 29) 2. No person shall beheld to answer for crann! offense without due process of law. (Atel, See. 140) ‘The frst imitation prohbite the passage of retroactive laws ‘which are prejudicial tothe acosed, Amex post foto law ison which (2) makes criminal an act done before the passage ofthe law 4nd which was imnocent when done, and punishes sch an (@) aggravates crime, or makes it greater than twas, when comultied @changestho punishment andinficteagreter punishment ‘han the lew annazed to the rime when commited, (© altorstholegalrulesf videos, and authorize conviction “pon less o ferent tetimony than the law required at Uh time of the comission of he ofence;, (5) assumeatorulatecivlrights and remedia oly, in efot fmpares ronal oF deprivation ofa tight fr something which when done woe lf and (6) deprives person acused a een some laf protection telwhich he has become ented, such as the protection of ‘former conviction or aequital’ or posiamation a ae rest. (fer: Kay Villegas Kam, Tne, 85 SCRA 329,431) Congres salto prohibited ffom passing an act which would Jndet punishment without judisa ra, for tat mould constitute & bill of ateainder A bl of attainder ism leflativa aot which inf puolhiont oat tal It nenc athe robe 8 [egleue actor dal dtrmination of ge Pepe Florey 36RA 36,96) Conaros panes law which suthorice the arrest and ‘mprnoument of eommniss witht the Henle jua toa ‘To give a law retroactive application to the prejudice of the accused isto make it an ex post facto law “The panaly apron mayor medium, or eg oar and ous dy to tan yar, fnpoel ty Peden Dares Na 8, pier aly to Swng by mean o acing sin het ated one ater Octber 2, 1088 Tat neat penalty Sco ot ply wet smaied on Oeaber 16,1014 Dense it would make the dows an ex pou foto nw. ig rronave talicaton i roid by Aries 21 and 22 ofthe Heise Penal Code ane Saeton 1, Arn 1 (now Se. 2, Atle of the 1687 Constiaton) (Pape Vilar, 1 SCRA 85,97) ‘The second limitation requires that criminal laws must be of gonoral application and must clearly deine the acts and omissions unlshed es eines. Constitutional rights of the accused. Arti I, Bill ef Rights, ofthe 1987 Constittion provides for ‘he fllowing right:‘THE REVISED PENAL CODE All persons shall have che ght to a speedy aiposition of their eases before all judicial, quasijudiciel, or tdinistrative boos. (See 16) No person hall be held to answer for a eriminl offense ‘without due process of aw. (See. 14) Allpersons, excep those charged with offense punishable lyyrsusion perpen when evidence ful erg, shal, before conviction, be bala by efile sureties or be ‘sleaaed gn recognizance at may be provided by law ‘Therighttobuil shall not be izspaired even when the pefvlage af the writ of abs corpus i suspended Bcoesivo bail shall not be required. See. 19) Inalleriminal prosecutions, the ecused shall be presumed ‘naocont until the eontrary ie proved, snd shall enjy the "ght tobe heard by himesf and couneel, to be fformed of the natare and cause ofthe secuation againet him, te have spoody, impartial, and pable tra, to moot the witnesses face fo foo, and ta have complory proces Secure the aiondanea of witnesoee and the production of ‘evidence in bie babel However, afer arraignment, eal ‘aay proceed notwithstanding the asencn of the nosed provided hat he has been duly notified und hia aus to Appar ie unjastisabe. (Sex (2) No person shall be compelled to be a witness against himse (Soe. 17) Any person under investigation forthe commisson of sn offense shall have the ight tobe informed of hi ight ‘o remain silat and to have competent and independent counsel preferably et his own chose. Ifthe person cannot ford the services of ounsc, aust be provided with one ‘Thee rights cannot be waived excep in writing and In tho presence of counsel. (Se. 12) Notoreure fre, lence threat, intimidation or any other means which viiats the fee wil shallbe used ent provides that in all eriminal pro tle (CHDNAL LAW IN GENERAL his. Secret dtantin placa, solitary, incommunizad, or oer similar forms of detention are pobited. (ex 1212) ‘Any cnfeasion or admission obtained in violation of ‘his or Section 17 hereof aball be nadine nevidense ‘against him. (Soe, 123) 8. Eacesive fines shall not be imposed nr eras, degrading or inbuman punishment infeed (See 19) ‘1. No person shall be twice put in jopandy of punishment for the same offense. Ian act is punished by a lew and fn ordinance, conviction or acuital under ether shall onsite bar to another proscution fr the sume st, {See 21) 8. Pree access t the ents and quasjadicil bodes and sdauatelegal assistance shall et be denied any person tyyreason of poverty (Sec 11) ‘Statutory rights of an accused. Section I, lo 118,ofthe Revised Rules on GrinsnslProedre cutlons, the acraged ell be 1. To be presumed innocent until the contrary is proved beyond ressonable dul 2. Tobe informed of the nature and cause ofthe aceutstion gaint im 8. Tobepretont ad defn in person andy counsel at every stage fhe precoding, om rztigainen to promulgation ofthe judgment 4, To tasty ab a witness in his own behalf but subject to cross-axamination on mattare covered by direct examination. His silence shall not ia aay taaner prejudice him 5. Tobootompt rom being compelled tobe a witness aginst himeale 5, Toconftont and erox-examin the witnesses against him st the al, xo