APPLY

Name: Biazon, Arvie A. Code: __CR633__ Module No: __6__

Instruction: Give one (1) actual scenario related to the following concepts.

1. Dolo
 Defendant Mario Pilar was the police chief in the town of San Pablo who
allegedly fired upon Juan Dela Cruz, a known supporter of the defeated
candidate for town mayor. The defendant was charged with murder but
the court modified the judgment to homicide.

2. Culpa
 A police man was cleaning his gun in the living room. At that time, his
phone rings and he went to get it. While he is on his phone, his 5 year old
child saw it and thought that it's a toy, so he do what he usually do and act
as if firing a gun. The whole house was in shock because of that because
the boy shot his foot.

3. Mala In Se
 There was a burial of one of your peers, it is known as tradition that
people from the burial should “pagpag” before returning home. Julie
visited the burial of her friend but she headed straight home because there
was an emergency at work and she needed to get her laptop from her
house before heading to her office.

4. Mala Prohibita
 There was a sign of “No Parking, Loading & Unloading Only” but Michael
ignored the sign and continued to park in that area, when he came back to
his vehicle has a ticket on his wind shield where it was written that he has
to pay the fine for violating the law.

5. Ex Post Facto
 If the government passes a law today adding the death penalty for anyone
who kidnaps a child or has kidnapped a child over the past 10 years. The
retroactive application is an example of a post facto law.

6. Bill of Attainder
  RA 1700 which declared the Communist Party of the Philippines a clear
and present danger to Philippine security, and thus prohibited membership
in such organization, was contended to be a bill of attainder. Although the
law mentions the CPP in particular, its purpose is not to define a crime but
only to lay a basis or to justify the legislative determination that
membership in such organization is a crime because of the clear and
present danger to national security.

7. Act or Omission
 The police officer was reprimanded for the omission of his duty to inform
the suspect of his rights.

8. General Characteristics
 The prohibition against unlicensed firearms applies to US Citizens who
live and sojourn here in the Philippines, even though under their
Fundamental Law, they have the guaranteed constitutional rights to keep
and bear arms.

9. Territorial Characteristics
 If the drug is landed on Philippine soil, or the opium is smoked aboard the
vessel in Manila Bay, prosecution will lie since the specified acts are in
open defiance of our laws and are breaches of the public order.

10. Prospective Characteristics

 Assuming that today, a law is passed to make selfie as crime. At the end
of the month and following the publication requirement of a law. The new
law shall be effective against selfie. Now, prior to the effectively of the law,
people can take selfie without inquiring criminal liability because the law is
still not effective.
 ASSESS

Instruction: Draw your own concept of Criminal Justice.