MODULE 2:

LAW CRIME DEVIANCE AND

DELINQUENCY
INSTRUCTOR:
BACACAO, JACKSON B. RCrim
TOPICS:
• LAW ITS CONCEPT AND CLASSIFICATION
• ELEMENTS OF LAW
• GENERAL DIVISION OF LAW
• CRIMINAL LAW
• CRIME
• DEVIANCE AND DELINQUENCY
OBJECIVES:

Discuss the elements of crime

Understanding what is crime
TOPIC 1: LAW ITS CONCEPT AND
CLASSIFICATION
The term law, in its broadest sense, means any rule of action or norm of
conduct applicable to all kinds of action and to all objects of creation. It
includes state law, physical law, divine law and others.

In its strict legal sense, law is defined as a rule of conduct, just and
obligatory, laid down by legitimate authority for the common observance.

Law is a product of social life, and is a creation of human nature. It was

intended by man to serve man. It regulates the relations of human beings
so that harmony can maintained in the social group, by placing
restrictions on individual liberty in order to make co-existence possible.
TOPIC 2: ELEMENTS OF LAW
1.IT IS RULE OF CONDUCT: law serves as guides
of an individual in relation to his fellowmen and to
his community.
2.IT IS JUST: it means that the law must be fair;
treats every person the same and based on the
values and ethics held by the majority of society.
3.IT IS OBLIGATORY: it means that the law must
be enforced, if not the purpose of its creation will
not be served.
TOPIC 2: ELEMENTS OF LAW
4. IT IS PRESCRIBED BY LEGITIMATE AUTHORITY:
it means that the law was made by persons who are given
the power to make it. An authority is entitled to have its
decisions and rules accepted and followed by others.
5. IT IS ORDAINED FOR THE COMMON BENEFIT:
laws should be made for the protection, common good and
benefit of the people, as stated in a Latin Maxim, “SALUS
POPULI EST SUPREMA LEX”-the welfare of people is
the supreme law.
Law in its most comprehensive sense has been divided
into two general groups: divine law and human law.
By divine law is meant that in which God himself is the
legislator who has promulgated the law; by human law is
meant that which is promulgated by man to regulate
human relations.

Human law is in turn divided into two main classes:

general or public law and individual or private law. These
in turn are subdivided as follows:

TOPIC 3: GENERAL DIVISION OF LAW

I. GENERAL OR PUBLIC LAW:

(A) INTERNATIONAL LAW, OR THAT WHICH GOVERNS THE

RELATIONS BETWEEN NATIONS OR STATES, THAT IS, BETWEEN
HUMAN BEINGS IN THEIR COLLECTIVE CONCEPT.

(B) CONSTITUTIONAL LAW, OR THAT WHICH GOVERNS THE

RELATIONS BETWEEN HUMAN BEINGS AS CITIZENS OF A STATE
AND THE GOVERNING POWER.

(C) ADMINISTRATIVE LAW, OR THAT WHICH GOVERNS THE

RELATIONS BETWEEN OFFICIALS AND EMPLOYEES OF THE
GOVERNMENT.

(D) CRIMINAL LAW, OR THAT WHICH GUARANTIES THE

COERCIVE POWER OF THE LAW SO THAT IT WILL BE OBEYED.

(E) RELIGIOUS LAW, OR THAT WHICH REGULATES THE PRACTICE

II. INDIVIDUAL OR PRIVATE LAW:

(A) CIVIL LAW, OR THAT WHICH REGULATES

THE RELATIONS OF INDIVIDUALS FOR PURELY
PRIVATE ENDS.

(B) MERCANTILE LAW, OR THAT WHICH

REGULATES THE SPECIAL RELATIONS
PRODUCED BY COMMERCIAL TRANSACTIONS.

(C) PROCEDURAL LAW, OR THAT WHICH

PROVIDES FOR THE MEANS BY WHICH PRIVATE
RIGHTS MAY BE ENFORCED.
TOPIC 4: CRIMINAL LAW

THE BODY OF LAW THAT DEFINES

CRIMINAL OFFENSES, REGULATES THE
APPREHENSION, CHARGING, AND TRIAL OF
SUSPECTED PERSONS, AND FIXES
PENALTIES AND MODES OF TREATMENT
APPLICABLE TO CONVICTED OFFENDERS.
BASIC ELEMENTS OF CRIMINAL LAW:
1.THERE MUST BE A LAW OR STATUTE
PROMULGATED BY THE STATE;

2.THE LAW OR STATUTE MUST

SPECIFICALLY DEFINE WHAT ACT OR
CONDUCT IS CRIMINAL; AND

3.THE LAW OR STATUTE MUST HAVE

PENAL SANCTION.
CHARACTERISTICS OF CRIMINAL LAW
GENERAL – THE LAW IS BINDING TO ALL
PERSONS WHO RESIDE IN THE PHILIPPINES.

TERRITORIAL – THE LAW IS BINDING TO ALL

CRIMES COMMITTED. WITHIN THE
NATIONAL TERRITORY OF THE PHILIPPINES.
EXCEPTION TO TERRITORIAL APPLICATION.

PROSPECTIVE – THE LAW DOES NOT HAVE

ANY RETROACTIVE EFFECT.
TOPIC 5: CRIME
WHAT IS CRIME?
A CRIME OR PUBLIC OFFENSE IS AN ACT
COMMITTED OR OMITTED IN VIOLATION OF A
LAW FORBIDDING OR COMMANDING IT.
SOCIETIES ENACTED LAWS TO CRIMINALIZE
ACTS THAT ARE VIEWED TO BE DEVIANT OR
OFFENSIVE TO THEIR MORAL SENSE. IN
ESSENCE, ACTS WHICH ARE CONSIDERED
CRIMINAL ARE DEFINED BY LAW. THIS CONCEPT
IS ENCAPSULATED IN THE LATIN MAXIM
NULLUM , CRIMEN NULLA POENA SINE LEGE,
GENERAL CLASSIFICATION OF CRIMES:

MALA IN SE (“EVIL IN ITSELF”) – A CRIME OR

AN ACT THAT IS INHERENTLY IMMORAL, SUCH
AS MURDER, ARSON OR RAPE. [BLACK’S LAW
DICTIONARY, 9TH ED.]
MALA PROHIBITA (“PROHIBITED EVIL”) – AN
ACT THAT IS A CRIME MERELY BECAUSE IT IS
PROHIBITED BY STATUTE, ALTHOUGH THE ACT
ITSELF IS NOT NECESSARILY IMMORAL.
[BLACK’S LAW DICTIONARY, 9TH ED.]
 DEVIANCE is any
behavior that violates
TOPIC 6: social norms, and is
usually of sufficient
DEVIANCE severity to warrant
AND disapproval from the
DELINQUENCY
majority of society.
Deviance can be
criminal or non‐
 DELINQUENCY, criminal
behaviour, especially that
carried out by a juvenile.
TOPIC 6: Depending on the nation of
DEVIANCE origin, a juvenile becomes
AND an adult anywhere between
DELINQUENCY the ages of 15 to 18,
although the age is
sometimes lowered for
murder and other serious
crimes.
  LEYALEY, INTRODUCTION TO
CRIMINOLOGY WISEMAN’S BOOK
TRADING, INC. 2021
 CASTILLO AND GUERRERO,
INTRODUCTION TO CRIMINOLOGY
WISEMAN’S BOOK TRADING, INC. 2021
 https://cybaroperations.wordpress.com/notes-
on-philippine-civil-law/#:~:text=General%20
Divisions%20of%20Law.,man%20to%20reg
ulate%20human%20relations
.
REFERENCES  https://www.britannica.com/topic/criminal-la
w
 https://lawschoolbuddy.info/mala-in-se-vs-ma
la-prohibita/
 https://www.cliffsnotes.com/study-guides/
sociology/deviance-crime-and-social-
control/theories-of-
deviance#:~:text=Deviance%20is%20any
%20behavior%20that,also%20known%20as