criminal law reviewer (midterms)
INTRODUCTION (REYES)
Criminal Law - branch or division of law which
defines crimes, treats of their nature, and
provides for their punishment. (12 Cyc. 129)
Crime - an act committed or omitted in violation
of a public law forbidding or commanding it. (I
Bouvier's Law Dictionary, Rawle's Third Revision,
729)
*No common law crimes in the Philippines*
Power to define and punish crimes.
The State has the authority, under its police
power, to define and punish crimes and to lay
down the rules of criminal procedure. States, as
a part of their police power, have a large
measure of discretion in creating and denning
criminal offenses. (People vs. Santiago, 43 Phil.
120, 124)
Limitations on the power of the lawmaking
body to enact penal legislation.
The Bill of Rights of the 1987 Constitution
imposes the following limitations:
1. No ex post facto law or bill of attainder
shall be enacted. (Art. Ill, Sec. 22)
(a) makes criminal an act done before
the passage of the law and which was
innocent when done, and punishes such
an act;
(b) aggravates a crime, or makes it
greater than it was, when committed;
(c) changes the punishment and inflicts
a greater punishment than the law
annexed to the crime when committed;
(d) alters the legal rules of evidence,
and authorizes conviction upon less or
different testimony than the law
required at the time of the commission
of the offense;
(5) assumes to regulate civil rights and
remedies only, in effect imposes penalty
or deprivation of a right for something
which when done was lawful; and
(6) deprives a person accused of a crime
some lawful protection to which he has
become entitled, such as the protection
of a former conviction or acquittal, or a
proclamation of amnesty. (In re: Kay
Villegas Kami, Inc., 35 SCRA 429, 431)
Congress is also prohibited from
passing an act which would inflict
punishment without judicial trial, for
that would constitute a bill of
attainder.
Bill of Attainder - a legislative act which
inflicts punishment without trial. Its
essence is the substitution of a
legislative act for a judicial
determination of guilt. (People vs.
Ex: Congress passes a law which
authorizes the arrest and imprisonment of
communists without the benefit of a
judicial trial.
Ferrer, 48 SCRA 382, 395)
To give a law retroactive application to
the prejudice of the accused is to make
it an ex post facto law.
Constitutional rights of the accused.
Article III, Bill of Rights, of the 1987
Constitution provides for the following
rights:
1. All persons shall have the right to a
speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies. (Sec. 16)
2. No person shall be held to answer
for a criminal offense without due
process of law. (Sec. 14[1])
3. All persons, except those charged
with offenses punishable by
reclusion perpetua when evidence
of guilt is strong, shall, before
conviction, be bailable by sufficient
sureties, or be released on
recognizance as may be provided by
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law. The right to bail shall not be
impaired even when the privilege of
the writ of habeas corpus is
suspended. Excessive bail shall not
be required. (Sec. 13)
4. In all criminal prosecutions, the
accused shall be presumed innocent
until the contrary is proved, and
shall enjoy the right to be heard by
himself and counsel, to be informed
of the nature and cause of the
accusation against him, to have
speedy, impartial, and public trial,
to meet the witnesses face to face,
and to have compulsory process to
secure the attendance of witnesses
and the production of evidence in
his behalf. However, after
arraignment, trial may proceed
notwithstanding the absence of the
accused provided that he has been
duly notified and his failure to
appear is unjustifiable. (Sec. 14[2])
5. No person shall be compelled to be
a witness against himself. (Sec. 17)
Any person under investigation for
the commission of an offense shall
have the right to be informed of his
right to remain silent and to have
competent and independent
counsel preferably of his own
choice. If the person cannot afford
the services of counsel, he must be
provided with one. These rights
cannot be waived except in writing
and in the presence of counsel.
(Sec. 12[1]) No torture, force,
violence; threat, intimidation, or
any other means which vitiate the
free will shall be used against him.
Secret detention places, solitary,
incommunicado, or other similar
forms of detention are prohibited.
(Sec 12[2])
Any confession or admission
obtained in violation of this or
Section 17 hereof shall be
inadmissible in evidence against
him. (Sec. 12[3])
6. Excessive fines shall not be
imposed, nor cruel, degrading or
inhuman punishment inflicted. (Sec.
19[1])
7. No person shall be twice put in
jeopardy of punishment for the
same offense. If an act is punished
by a law and an ordinance,
conviction or acquittal under either
shall constitute a bar to another
prosecution for the same act. (Sec.
21)
8. Free access to the courts and
quasi-judicial bodies and adequate
legal assistance shall not be denied
to any person by reason of poverty.
(Sec. 11)
Statutory rights of the accused.
Section 1, Rule 115, of the Revised
Rules on Criminal Procedure
provides that in all criminal
prosecutions, the accused shall be
entitled:
1. To be presumed innocent until
the contrary is proved beyond
reasonable doubt.
2. To be informed of the nature and
cause of the accusation against him.
3. To be present and defend in
person and by counsel at every
stage of the proceedings, from
arraignment to promulgation of the
judgment
4. To testify as a witness in his own
behalf but subject to cross-
examination on matters covered by
direct examination. His silence shall
not in any manner prejudice him.
5. To be exempt from being
compelled to be a witness against
himself.
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6. To confront and cross-examine
the witnesses against him at the
trial
7. To have compulsory process
issued to secure the attendance of
witnesses and production of other
evidence in his behalf.
8. To have a speedy, impartial and
public trial.
9. To appeal in all cases allowed and
in the manner prescribed by law.
1. Treaties or Treaty stipulations
Characteristics of criminal law.
1. GENERAL - in that criminal law is
binding on all persons who live or
sojourn in Philippine territory. (Art. 14,
new Civil Code)
Ex: Carrying of firearms of an
American Citizen within Philippine
territory
Ruling: "The Philippines is a
sovereign stat e with the obligation
and the right of every government
to uphold its laws and maintain
order within its domain, and with
the general jurisdiction to punish
persons for offenses committed
within its territory, regardless of
the nationality of the offender.
(Salonga and Yap, Public
International Law, p. 169) No
foreigner enjoys in this country
extra-territorial right to be
exempted from its laws and
jurisdiction, with the exception of
heads of states and diplomatic
representatives who, by virtue of
the customary law of nations, are
not subject to the Philippine
territorial jurisdiction." (People vs.
Galacgac, C.A., 54 O.G. 1027)
Exceptions to the general application of
Criminal Law. - cases where our
Criminal Law does not apply even if the
crime is committed by a person residing
or sojourning in the Philippines
Ex: Bases Agreement entered into by
and between the Republic of the
Philippines and the United States of
America on March 14, 1947 (which
expired on 16 September 1991),
stipulating that "(t)he Philippines
consents that the United States have
the right to exercise jurisdiction over
the following offenses:
(a) Any offense committed by any
person within any base,
except where the offender
and the offended party are
both Philippine citizens (not
members of the armed forces
of the United States on active
duty) or the offense is against
the security of the
Philippines;
(b) Any offense committed
outside the bases by any
member of the armed forces
of the United States in which
the offended party is also a
member of the armed forces
of the United States; and
(c) Any offense committed
outside the bases by any
member of the armed forces
of the United States against
the security of the United
States."
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2. Law of Preferential Application