Criminal Law

Is that branch of public law which defines crimes treats of their nature and provides for their
punishment.

Criminal procedure

is the method prescribed by law for the apprehension and prosecution of persons accused of any
criminal offense, and for their punishment, in case of conviction In other words, it "regulates the steps
by which one w committed a crime is to be punished.

Evidence

is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.

is an act committed or omitted in violation of a public la forbidding or commanding it J

Felony -is an act or omission punishable by the Revised Penal Code

Offense -those punishable by Special laws. An illegal act which does not amount to a crime as defined in
the Penal Code.

Infraction -violation of city or municipal ordinances. 11223/22

tthe following are example of a felony Except? a. Homicide-Article 249 b. Treason-Article 114 c.
Cybercrime - RA 10175 d. Robbery - Article 293

BOURCES OF PHILIPPINE CRIMINAL LAW 1. Act 3815 known as the Revised Penal Code non Lester
Buenav 2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the Philippines and the Batasang Pambansa 3.
Presidential Decrees issued by President Marcos 4. Ordinances of Municipalities or Cities (LGU's) 5.
Executive Orders of President Corazon Aquino

1. Revised Penal Code Jhon Lester Buenavista The Revised Penal Code consists of Book I and II.
Book I covers Article 1-113, while book II covers Article 114-365
2. 2. Special Penal Laws Criminal Laws enacted by Congress to meet the exigencies of time. pod
tester Jhon Lester Buenavista These Penal Laws are the result of exercise of the State of its
police power to regulate and control some activities or conducts which may be harmful or
hazardous to the society. Such will ensure public order and safety and promote the welfare of
our society. This is in conformity with the principle in criminal law that" No crime where there is
no law punishing it." ( Nullum Crimen, nulla poena sine lege)
CONSTITUTIONAL LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS 1. The law must
observe both substantive and procedural due process 2. The law must be general in application 3. The
law should not impose cruel and unusual punishment or excessive fines 4. The law should not operate as
a bill of attainder or as an ex post facto

Note: Ex Post Facto Law - is a law that makes criminal an act done before the passage of the law and
which was innocent when done, and punishes such an act; it may also be defined as a law which
aggravates a crime, or makes it greater than it was, when committed. Bill of Attainder - is a law which
Inflicts punishment without trial.

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Presidential Decrees These are unique laws since these laws were enacted during the Martial Law era or
dictatorial regime of then President Ferdinand E. Marcos where the power of the Executive and the
Legislative branch of our government were fused or vested in one person.

Ordinances of Municipalities or Cities (LGU's) Since time immemorial and thru the enactment by
Congress of R. Lester Berita 7160, otherwise known as the "Department of Interior and Local
Government Code (DILG), Congress has delegated some of its legislative power to the Sanggunian of the
respective Local Government Units (LGU's) to enact their own local laws in the exercise of their
delagated police power (RA 7160, Section 16). Such laws shall be applicable only on their respective local
territorial jurisdiction. These laws are referred to as an ORDINANCE. It has the force and effect of law.
ORDINANCES are necessary to regulate certain activities or conducts which may be harmful or pose a
hazard or threat to the public safety and tranquility of their respective communities. Activate

Different LGU's have different and varied problems unic to their own culture, customs, topography or
way of life potester which only the LGU concern could better understand and, hence, in a better position
to provide the proper solutions. Ex. 1. The ordinance providing curfew hours for minors, ▸ providing
payment of fines and/or Imprisonment for its violations. 2. Ordinance on Anti-Littering, Jay walking, etc.
Activat

5.Executive Is a law that makes criminal an act done before the pass of the law and which was
innocent when done, and punishes such an act; it may also be defined as a law which aggravates a
crime, or makes it greater than it was, when committed. non tester Buenavista a. Ex post facto law b.
Bill of attainder c. Nullum Crimen nulla poena Sine Lege d. Dura Lex Sed lex Orders of President
Corazon C. Aquino