Criminal Law 1 Section E

Assignment for August 25, 2019

Day 1

The subjects in this assignment can be read in any textbook on Criminal Law.
Students are free to select any textbook.

Note : No need to prepare digests of the cases listed below without any
number ( ). Just find out how the case answer the questions asked. Those with
( ) must have case digests.

1. What is Criminal Law?

See Lacson vs. Executive Secretary, G.R. No. 128096, January 20, 1999.
No need to digest.

2. What is a crime?

3. Distinguish Criminal Law from Criminal Procedure?

4. What is a common law crime? Are there common law crimes in the
Philippines?
(1) U.S. vs. Taylor, 28 Phil. 599, [G.R. No. 9726](Dec. 8, 1914]

5. Who has the power to punish crimes?

(2) U.S. vs. Pablo, 35 Phil. 94, [G.R. No. 11676] (Oct. 17, 1916)

6. Is the power of the State to punish crimes absolute?

Constitution, Article III, Sections 1, 2, 3[1], 3[2], 19[1]

7. What is an ex post facto law?,

(3) People vs. Villaraza, 81 SCRA 95, [G.R. No. L-46228],
(January 17, 1978)

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8. What is a Bill of Attainder ?
(4) People vs. Ferrer, 48 SCRA 382, [G.R. L-32613-14, December
27, 1972)

9. What are the basic theories of penology or the rationale for punishing a
crime? Read Aquino, Ramon C. The Revised ZPenal Code, Book 1, 1987
Ed., at p. 2`

10. What are the Characteristics of Criminal Law. Explain each. Does
one characteristic have any exception?
10.1 . Generality – Civil Code, Article 14.
10.1. 1. Exceptions – RPC . Art. 2
Principle of Public International Law
Laws of Preferential Application

10.2. Territoriality - Constitution, Article 1

10.2.1. Exceptions – Extra-territoriality Principle (RPC, Article 2)
10.2.2. Rules on crimes committed on ships or airships?
10.2.2.1 – French Rule
10.2.2.2. – English Rule

10.3. Prospectivity
10.3.1. Exceptions or when can penal laws be applied reoactively.

11. What are the effects of a repeal or amendment of a penal law?

12. What are the effects of a partial `repeal of a penal law?

13. How are penal laws interpreted or construed?

See People vs. Escoto, Jr., G.R. No. 140756, April 4, 2003
People vs. Deleverio, G.R. Nos. 118937-38, April 24, 1998.
Causing vs. Commission on Elections, G.R. No. 199139, S
September 9, 2014

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Important principles or maxims in Criminal Law

1. Dura lex, sed lex.

(5) People vs. Abano, 145 SCRA 555, G.R. L-57184-85,
November 14, 1986. Study aid : Digest should dwell only on
how “dura lex, sed lex” applied
2. In dubio pro Reo
(6) People vs. Ong, G.R. No. 175940, February 6, 2008 Study aid:
Digest should only dwell on how the court applied this
doctrine.

THERE ARE SIX (6) CASES TO PREPARE A CASE DIGEST. THE CLASS SHOULD
AGREE ON THE SAME NOTEBOOK TO US. DIGESTS MUST NE HANDWRITTEN.

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