CRIMINAL LAW BK.

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Criminal Law and Jurisprudence

Wednesday, 3rd of November, 2021

MIDTERMS

Submitted by: DUMALOS, SHANE NIÑ A Z. BS-CRIM3

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ASSESSMENT TASK No. 1

MY WEEKLY STUDENT JOURNAL #1

PHILIPPINE CRIMINAL LAW:

JURISDICTIONS, CHARACTERISTICS, AND RIGHTS OF THE ACCUSED

Previously, we’ve been tackling about the fundamentals of criminal

law, and its definitions. But what are the characteristics of criminal law of the
Philippines? Criminal Law in the Philippines consists of three characteristics:
generality, territoriality, and prospectivity. And in these characteristics, there
are also limitations, exceptions, and special circumstances.

In the aspect of territoriality, there is also what we call jurisdictions. Before

we go into jurisdiction, we must distinguish jurisdiction from venue first.
Venue is where the actual location of the crime where it happened, wherein
jurisdiction is the jurisdiction of the court who has the power over that case
that was happened. Venue cannot be changed and altered, but jurisdictions
can be. There are various kinds of jurisdictions depending on the
classifications of crime committed, and depending to the individual or group
of individuals who were involved to that particular crime.

All people living and sojourning in the Philippines can enjoy the perks of
constitutional rights, and the accused, detainees, and people under custodial
investigation are not exemptions. They have these what we call Rights of the
Accused, provided by the Republic Act 7438, where it protects them from the
abuse that the government may inflict upon them. These people are not yet
considered guilty by the court, therefore they are still innocent. These people
should not be treated inhumanely and submissively, that is why this act was
established.

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Criminal law is a wide and deep subject, where in we need to study it

objectively, free from subjective judgments. Criminal law is a tricky and
complex matter, that it needs to be studied precisely and in accordance. As a
criminology student, it is essential to be equipped with the knowledge of
criminal law to avoid violating the rights of others, and to avoid the path of
illegalities.

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ASSESSMENT TASK No. 2

MY WEEKLY STUDENT JOURNAL #2

1. DIFFERENTIATE THE FOLLOWING:

1.1 GENERALITY
Generality is a characteristic of criminal law wherein criminal
law is effective to all natural or artificial people, living and
sojourning the Philippines.
Criminal law may be effective to the general, yet there are
exceptions where some people cannot be affected by the
criminal law of the Philippines.
EXCEPTIONS
A1. TREATIES AND STIPULATIONS
 RP-US VFA or Republic of the Philippines –
United States Visiting Forces Agreement.
 VFA states that the Philippines would not
have jurisdiction on the crimes that were
happened at the US Military Base.
 VFA also states that the Philippines would
not have any jurisdiction on the crimes that
are committed by any US Military Personnel.

VISITING FORCE AGREEMENT

EXPIRED: 1991

VFA CASE: Homicide

VICTIM: Jennifer Laude (transgender)

CONVICTED: Joseph Pemberton (US Marine)

G.C.T.A: 4 years earlier

ABSOLUTE PARDON: President Rodrigo Duterte

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B1. LAW ON PREFERENTIAL APPLICATION

 Foreign diplomatic representatives are immune to
the generality of criminal law. (R.A. 75)
 Any foreign diplomatic representatives who
committed crimes that has a punishment of 6 years
below will be exempted from the law.
 Any foreign diplomatic representatives who
committed crimes that has a punishment of 6 years
above (or any drug case) will be arrested, but
cannot be tried in Philippines, hence they will only
be deported from the country they originated.
 Law of Preferential Application adapts to the
Reciprocity of Law, which means that whatever
perks that the foreign diplomatic representatives
have, can also be acquired by the Filipino
diplomatic representatives in their country.
(PLEASE CORRECT ME IF I AM WRONG)

C1. PRINCIPLES OF PUBLIC INTERNATIONAL LAW

 Refers to the norms of general customary

international law which are binding all states,
promotes peace, renunciation of war as an
instrument of national policy.
 Principles of sovereign immunity.
 Crimes that are committed inside the embassy of
foreign state located in the Philippines are
exemptions, for that embassy is an extension of the
jurisdiction of the state it represents.
 Sovereigns and other chiefs of state are immune to
the generality of Philippine criminal law.

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IMMUNE: Sovereigns, Heads of State, Ambassadors,

Ministers Plenipotentiary, Minsters Residents,
Charges d’ Affaires

NOT IMMUNE: Consuls

1.2 TERRITORIALITY
 Penal law of the Philippines is enforceable within
Philippine archipelago

EXTENSIONS OF JURISDICTION:

ARTICLE II OF THE REVISED PENAL CODE “Extra

Terrestrial Jurisdiction”

A2. RULE ON WARSHIP

- Warships and ship are extensions of

Philippine territory.
- Must be registered in the Philippine Bureau
of Customs

B2. MERCHANT VESSEL

- English Rule: The jurisdiction is the

territory.
- Exemptions: if the crime committed
involves internal management of the vessel,
then the jurisdiction is the origin of the
vessel.
- French Rule: The jurisdiction is the flag.
- Exemptions: If the crime affects the peace
and order of the host country, then the
jurisdiction will be on the host country.

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C2. If any Philippine coin or currency notes are forged or

counterfeited, Philippine jurisdiction will extend to anywhere
where the crime happened.

D2 . Philippine public officer or employee abroad who is

involved in crimes such as graft or corruption

E2 . If there are crimes against the national security of the

Philippines.

1.3 PROSPECTIVITY
Laws should not have retroactive effects (No Ex-Post Facto
Laws)
No felony shall be punishable by penalty prescribed by law
prior to commission (Article 21 of the Revised Penal Code)
EXCEPT:
 If the law is favorable to the accused,
wherein the accused meets these criteria:
 (Article 22 of the Revised Penal Code) If the
accused is not a habitual delinquent
 Habitual Delinquent: within 10 years from
his last conviction or release, he committed
these crimes three times:
 (FRETSEL) Falsification, Robbery, Estafa,
Theft, Serious Physical Injury, Less Serious
Physical Injury

2. DIFFERENTIATE THE FOLLOWING JURISDICTIONS:

2.1 ORIGINAL
Courts where a certain case has been tried and heard for the
first time.
2.2 EXCLUSIVE

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A court where it can try and decide a certain case which cannot
be presented before any other courts.
2.3 APPELLATE
Where a court can try a case which has been already heard and
decided by a lower court, removed from the latter by appeal.
2.4 CONCURRENT
When two or more courts may take cognizance of the case.

3. DISCUSS THE RIGHTS OF THE ACCUSED IN RELATION TO R.A..

7438
Republic Act 7438 is known as the Rights of the Persons Arrested,
Detained, or Under Custodial Investigation.
SCOPES: Arrested, Detained, and Under Investigation
-With warrant or warrantless arrests
-detained with legal grounds (Art.125) and detained without legal
grounds (Art. 124)

Who are persons under custodial investigation?

o Persons who are taken under custody after being
questioned. Deprived from freedom of action in any
significant way.
o A particular suspect
o People who are invited to police stations via invitation or
subpoenas (Sec. 2 of R.A. 7438)

The jurisprudences below are examples where R.A. 7438 was violated:

JURISPRUDENCE (People v. Guting y Tomas)

o Guting was arrested without being informed of his rights
as an accused, therefor his confessions and admissions
were not admissible as evidence in the court of law. (NO
MIRANDA RIGHTS)

JURISPRUDENCE (People v. Ayson)

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o Ayson was detained, cross examined, surrounded with

multiple investigators during questioning, has been
intimidated, and was unaware of his constitutional rights.
Therefore, any statements that Ayson released were not
admissible to the court due to his submission for
intimidation.

JURISPRUDENCE (People v. Caguioa)

o The accused cannot be forced to be interrogated, not

unless if there is a presence of his legal counsel.

MIRANDA RIGHTS:

 Right to remain silent.

 Right to choose legal counsel.
 Right to be provided with a competent and
independent legal counsel by the
government, if the accused cannot afford.
 Right to be informed of his rights.
 Shall be allowed visits by or conference with
any member of his immediate family.

SECTION 4: PENALTY CLAUSE

 ANY PUBLIC OFFICER WHO FAILS TO INFORM

CRIMINAL LIABILITY: Imprisonment of not less than 8 years,
and not more than 10 years.
CIVIL LIABILITY: 6,000 Pesos

 ANY PERSONS WHO OBSTRUCT HIS RIGHTS FOR VISITS,

COUNSEL, AND EXAMINATION

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CRIMINAL LIABILITY: Imprisonment of not less than 4 years,

not more than 6 years.
CIVIL LIABILITY: 4,000 Pesos

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