ed ¢ CRIMINAL LAW 4 2™'Semester, A. 2023-2024 Atty. Everly R. Rafia, RCrim RULE 1. Subject Description and Scope This is a study of the basic principles attecting 1 a 18 criminal liability and the Imposition Penalty. This course also includes some special penal laws Particularly Juvenile Justice Welfare Act, Probation La it Particularly 4 and Community This course covers Book One of the Revised Penal Code (RPC), speci Articles 1-113. (RPC), specifically 2. Methodology a. Attendance will be checked at the beginning of every meeting. b. Recitation will be conducted every meeting. Students are expected, therefore, to come to class prepared and to have read the materials scheduled to be covered during the meeting. When a studentis. reciting, the rest of the class is expected to listen to him. Students are encouraged to participate in the discussion by asking questions. c. Astudentwho is called to recite is expected to close his book duringhis recitation. d. Electronic gadgets are not prohibited during class hours. A student is expected, however, to turn off his mobile phone or to put it on silent mode as soon as he steps into the classroom. e. When a student is not in the classroom when called for recitation, he will be given a grade of 0. 3. Grading a. Recitation b. Quizzes . Midterm Exam d. Final Exam 4, Subject Matter Materials ‘The student should have a codal provision of the RPC and any of the following reference books: Reyes, Luis B. The Revised Penal Code. Book One; or Campanilla, Mario, Revised Penal Code, Book One.- Maintenance of Public Order (Section 5, Article ll, 1987 Constitution) 2. Legislative Power (Section 1, Article VI, 1987 Constitution) U.S. v. Pablo, 35 Phil 94 (1916) fi. People v. Santiago, 43 Phil 120 (1922) F. CONSTITUTIONAL LIMITATIONS ON AUTHORITY TO ENACT PENAL Laws 1. Due Process and Equal Protection (Section 1, Article Ill, 1987 Constitution) Freedom of Expression (Section 4, Article Ill, 1987 Constitution) Freedom of Religion (Section §, Article Ill, 1987 Constitution) Criminal Due Process (Section 14, Article Ill, 1987 Constitution) NO excessive fines nor cruel, degrading, or inhuman Punishment (Section 19, Article Ill, 1987 Constitution) Bill of Attainder (Section 22, Article il, 1987 Constitution) @. People v. Ferreret. al., G.R. Nos. L-32613-14, December 27,9172 7. ExPost Facto Law (Section 22, Article Ill, 1987 Constitution) gaop |. Peoples. Villaraza, 81 SCRASS (1978) G. GENERAL PRINCPLES 1. MalainSe i. Acharony, People, G.R. No, 224948, November 9, 20212, Mens Rea and Actus Rea 3, Mala Prohibita i. Limv. People, 340 SCRA 497 (2000) 4. Difference between Mala In Se and Mala Prohibita H. INTERPRETATION OF PENAL LAWS 1. Doetrine of Pro Reo i. Bongalon v. People, 694 SCRA 12 (2013) ji, People v. Gonzales, 361 SCRA 350 (2001) 2. Rule of Lenity 3. Gov. Dimagiba, 460 SCRA 451 (2005) 4, People v. Sultan, 331 SCRA 350 (2001) |. RETROACTIVE EFFECT OF PENAL LAWS 4. Hernan v, Sandiganbayan, G.R. No. 217874, December 5, 2017 Il, CHARACTERISTICS OF CRIMINAL LAW A. GENERALITY 1. Art. 14, NCC 2. RA.75 3. US. Vv. Sweet, 1 Phil 18 B. TERRITORIALITY ‘Art. I, 1987 Constituiom 2. Art.2,RPC 3. Extraterritorial Application of RA 11479 (Sec. 49) 4, Vessels 5. Raegan v. Commissioner, 30 SCRA 968 (1969) 6. AAA. v. BBB, G.R. No. 212448, January 11, 2018 C. PROSPECTIVITY 4. Art.4,NCC 2. Art.21 and 22, RPC 3. Effect of repeal on penal law i. People v. Tamayo, 61 Phil. 225 ii. People v. Almuete, 69 SCRA 410