LAW PDF
Document Details
Uploaded by Deleted User
Tags
Summary
This document introduces various legal systems, including ancient systems, Roman law, common law, and religious law. It also covers the different types of legal systems and sources of law.
Full Transcript
CHAPTER 1 (Introduction to Law and Legal Systems) Law is a system of rules and guidelines enforced through social or governmental institutions to regulate behavior. What can regulate our behavior? Law and Religion Elements of Crime Desire Opportunity Capability Basic Golden Rule in La...
CHAPTER 1 (Introduction to Law and Legal Systems) Law is a system of rules and guidelines enforced through social or governmental institutions to regulate behavior. What can regulate our behavior? Law and Religion Elements of Crime Desire Opportunity Capability Basic Golden Rule in Law Implementation There can be no crime if there’s no law punishing the act. Historical Development of Legal Systems 1. Ancient Legal Systems: Code of Hammurabi (1754 BCE): One of the earliest sets of laws that regulated society. Ancient Egypt, Greece, and Rome: Developed foundational legal principles and codes. 2. Roman Law's Influence: Roman Law (Corpus Juris Civilis): Basis for civil law systems worldwide, emphasizing codification and legal principles. 3. Common Law: Developed in England after the Norman Conquest (1066). Relies on judicial precedents (stare decisis) rather than codified statutes. Influential in countries such as the USA, Canada, and India. 4. Religious and Customary Law: Islamic Sharia, Jewish Halakha: Based on religious doctrines. Customary laws: Derived from traditions and cultural practices, prevalent in indigenous communities. Importance of Legal Systems: Framework for understanding governance, rights, duties, and comparative analysis of laws. Relevance to Education: Essential for legal studies, social studies, and international relations. Framework for Governance: Ensures that societal rules are fair, just, and consistently applied. Understanding Historical Impact: Studying the development of law highlights its evolution and relevance to modern society. 1. Law as a System: Law is a structured set of rules enforced through institutions to regulate behavior, ensuring peace and resolving conflicts. 2. Purpose of Law: Establishing standards: Defines what is acceptable behavior in society. Maintaining order: Provides a framework for resolving conflicts and maintaining peace. Resolving disputes: Offers mechanisms for resolving conflicts through courts, arbitration, etc. Protecting liberties and rights: Ensures the protection of individual freedoms and rights 3. Different Types of Legal Systems 1. Common Law: Based on judicial decisions and precedents (e.g., USA, UK). Common law is based on the higher courts' legal precedents and judicial decisions over time; it is known for its flexibility and adaptability, as the judge holds a crucial role and has the authority to interpret and apply the law under the legal precedents and principles before, and the judge in this legal system allows to consider specific circumstances and adapt the law to new challenges. 2. Civil Law: Based on codified statutes and laws (e.g., France, Germany). Civil law is a comprehensive codified legal system based on legal statutes and codes; its jurisdictions are based on the application and interpretation of the laws and codes; it is known for its predictability because of the systematic and structured codes and statutes. 3. Religious Law: Based on religious texts and doctrines (e.g., Sharia in Muslim countries). 4. Customary Law: Based on long-standing traditions and customs (e.g., Indigenous practices). 4. Sources of Law 1. Constitution: Supreme law of the land; provides fundamental principles, government structure, and rights. 2. Statutes: (Republic Acts) Laws passed by the legislative body (Congress) that govern various areas of public and private life. 3. Case Law (Judicial Precedent): Supreme Court decisions=Juris Prudence=stare decisis Legal principles established by the decisions of courts; are significant in common law systems. 4. Administrative Regulations: Rules created by government agencies under authority granted by statutes to enforce specific laws (e.g., tax regulations, health codes). 5. Judicial Precedents: Key to common law systems, precedents shape future legal interpretations. 6. Role of Constitution: As the supreme law, it outlines governmental structure, principles, and the fundamental rights of individuals. 7. Role in Governance: Laws provide stability, accountability, and order, ensuring societal harmony. 8. Legal Education and Research: Critical for understanding governance, human rights, and the comparative study of international legal systems. 9. Relevance to Society: Law reflects cultural, historical, and institutional values, fostering fairness and justice. Importance of Understanding Legal Systems 1. Helps in understanding the rule of law and governance. 2. Provides a framework for rights, duties, and responsibilities. 3. Assists in comparative analysis of different legal systems. 4. Crucial for legal studies, international relations, and social studies. CHAPTER 2 (THE PHILIPPINE LEGAL SYSTEM) The Philippine legal system is a hybrid system that incorporates elements of civil law, common law, religious law, and customary law. Characteristics: - Based on Spanish and American legal traditions. - Governed primarily by the 1987 Constitution, the Civil Code, and various special laws. - Emphasizes the principles of social justice, human rights, and democratic governance. STRUCTURE AND FUNCTION OF COURTS 1. Supreme Court: - The highest court in the Philippines. - Final arbiter of all legal and constitutional questions. - Composed of a Chief Justice and 14 Associate Justices. 2. Court of Appeals: - The second-highest judicial body. - Reviews cases decided by Regional Trial Courts (RTCs). - Composed of a Presiding Justice and multiple Associate Justices. 3. Regional Trial Courts (RTCs): - Main trial courts in the Philippines. - Handle serious criminal and civil cases. - Have both original and appellate jurisdiction. 4. Lower Courts (Metropolitan, Municipal, and Circuit Trial Courts): - Handle less serious criminal cases and minor civil disputes. - Serve as the entry point for most legal cases. ROLE OF THE JUDICIARY, LEGISLATIVE, AND EXECUTIVE 1. Judiciary: - Interprets and applies the law. - Ensures laws conform to the Constitution through judicial review. - Protects individual rights and liberties. 2. Legislative Branch: - Primary law-making body (Congress). - Composed of the Senate and the House of Representatives. - Enacts laws, approves the budget and oversees the executive branch. 3. Executive Branch: - Led by the President of the Philippines. - Implements and enforces laws. - Exercises veto power over legislation. - Issues executive orders, administrative orders, and regulations to manage government operations. SEPARATION OF POWERS: THE PRINCIPLE OF CHECKS AND BALANCES The system of checks and balances is vital to democratic governance, ensuring that no single branch of government gets overly dominant. It establishes a structure in which the government's powers are divided among three branches—judiciary, legislative, and executive—with each branch able to limit the powers of the other two. This system encourages accountability, prevents abuses of power, and guarantees that all branches follow their constitutional obligations. 1. The Judiciary The court interprets and applies the law, ensuring that laws and executive actions are consistent with the Constitution. Checks on the Executive: The judiciary has the authority to declare executive activities unconstitutional if they exceed legal limits. Checks on the Legislative: The judiciary has the authority to review laws passed by Congress to verify their constitutionality. If a statute is deemed to be unconstitutional, the courts can overturn it. 2. The Legislative Branch Lawmaking is the responsibility of the legislative branch (Congress). It comprises the Senate and the House of Representatives. Checks for the Executive: Congress is in charge of passing laws that must be implemented by the executive branch. While the president has the authority to veto legislation, Congress can override it with a two-thirds vote in both houses. Budget Control: Congress controls government spending, and the executive branch cannot allocate monies without legislative permission. This precludes the executive from making unilateral financial decisions. Impeachment Power: If the president or other high-ranking officials commit major crimes or misdemeanors, Congress has the authority to impeach and remove them from office. Checks on the judiciary: Nominations: The Senate has the authority to confirm or deny nominations to the judiciary, including Supreme Court justices and federal judges. This enables the legislative branch to shape the composition of the judiciary. Congress has the authority to impeach judges, including Supreme Court justices, for serious misbehavior or abuse of office. Amendment Power: Congress has the authority to propose amendments to the Constitution, which can essentially overturn judicial interpretations of constitutional law. 3. The Executive Branch The executive branch, led by the president, is in charge of enforcing and implementing legislation enacted by the legislative branch. Foreign policy, defense, and government agency administration are all functions of the executive branch. Checks on Legislation: Veto Power: The president has the authority to veto measures enacted by Congress, stopping them from becoming law unless the veto is overridden by a two-thirds vote in both houses. Executive Orders: The president has the authority to issue executive orders that have legal effect, but they must nevertheless adhere to the Constitution and existing laws. This enables the executive branch to make policy decisions without requiring immediate approval from Congress. Foreign Affairs: The president has extensive control over foreign policy and serves as commander-in-chief of the military. However, treaties require Senate approval, ensuring that the legislative branch plays a role in key international agreements. Checks on the judiciary: Judicial Appointments: The President nominates federal judges, including Supreme Court justices. However, these appointees require Senate confirmation, which serves as a check by the legislative branch. Pardons and Reprieves: The president has the authority to award pardons and reprieves to people convicted of federal offenses, which can overturn judicial verdicts in criminal cases. IN SHORT The Judiciary checks the executive by ruling on the constitutionality of executive actions and the legislative by reviewing laws. The Legislative checks the executive by controlling the budget, overriding vetoes, and impeaching officials, and the judiciary by confirming judicial appointments and proposing amendments. The Executive checks the legislative by vetoing bills and implementing policies, and the judiciary by nominating judges and granting pardons. 4. The 1987 Constitution The Constitution serves as the supreme law of the Philippines, establishing a democratic republic with a presidential system. Major Components: Preamble: Reflects the aspirations and values of the Filipino people. Bill of Rights: Guarantees civil liberties, including due process, freedom of speech, and the right to privacy. Structure of Government: Defines the roles of the three branches and their checks and balances. Social Justice and Human Rights: Promotes equitable resource distribution and human rights protection. 5. Fundamental Rights Under the Bill of Rights Due Process and Equal Protection: No deprivation of life, liberty, or property without lawful procedures. Freedom from Unreasonable Searches: Requires probable cause and judicial warrants. Freedom of Expression and Religion: Guarantees free speech and prohibits the establishment of religion. Right to Bail and Fair Trial: Ensures the presumption of innocence and access to legal representation. Prohibition of Cruel Punishment: Limits excessive fines and inhuman punishment. 6. Principles of Governance Sovereignty of the People: All government authority emanates from the people. Civilian Supremacy: Civil authority is supreme over the military. Separation of Church and State: Prohibits the establishment of religion in governance. 7. Key Articles in the Constitution Article I: Defines the national territory. Article II: Declaration of Principles (e.g., renunciation of war, just social order). Article III: Bill of Rights (e.g., freedom of speech, protection from illegal detention) 8. The Role of Congress in Legislation Composition: Bicameral structure comprising the Senate (24 members) and the House of Representatives (maximum of 250 members). Powers: - Fiscal control over government spending. - Declaration of war and taxation. - Oversight through investigations. 9. Executive Powers Leadership: Headed by the President, the executive branch administers and enforces laws. Powers: - Veto laws, appoint officials, and manage international relations. - Commander-in-chief of the Armed Forces. - Grant pardons and reprieves. 10. Judiciary's Role Supreme Court's Authority: Ensures legal compliance of laws and executive actions. Tenure: Justices serve until the age of 70 or incapacitation. Jurisdiction: Handles constitutional disputes, oversees lower courts, and ensures judicial integrity. The Philippine legal system reflects a rich history of legal influences and is deeply rooted in constitutional democracy. Checks and balances ensure no branch of government becomes overly powerful, preserving accountability. The 1987 Constitution serves as the foundation of governance, guaranteeing rights and promoting social justice. Understanding the Bill of Rights is critical for recognizing the scope of protections offered to citizens. 1987 Constitution The 1987 Constitution is the present constitution of the Republic of the Philippines, which is composed of a preamble and eighteen (18) articles. This Constitution establishes the Fifth Philippine Republic and restores the presidential form of government. Features of the 1987 Constitution Preamble The Preamble introduces the Constitution, identifies the author and the purposes of the fundamental law, and aids the authorities in the interpretation of the Constitution since it lays down the visions of the government. Article I - National Territory Specifies that the Philippines is an archipelago, the Philippines' territory consists of the islands and waters embraced therein, all other territories over which the Philippines has sovereignty or jurisdiction, and the terrestrial, fluvial, and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. Article II - Declaration of Principles and State Policies Sets down the basic social and political creed of the country. particularly the implementation of the constitution, Setting forth the objectives of the government, providing the interpretation of specific provisions of the fundamental law, and helping the court in its decisions. Some of its provisions are: The Philippines is a Democratic and Republican State (Section 1) Renunciation of War (Section 2) Supremacy of Civilian Authority (Section 3) Services to be rendered by the Citizens (Section 4) Separation of Church and State (Section 6) Independent Philippine Foreign Policy (Section 7) Freedom from Nuclear Weapon (Section 8) Just and Dynamic Social Order and Social Justice (Section 9 and 10) Family as the Basic Autonomous Unit (Section 12) Role of the Youth and Women in Nation-Building (Sections 13 and 14) The affirmation of labor "as a primary social economic force" (Section 14) PRINCIPLES Section 1 – the Philippines is a democratic and republican state, Sovereignty resides in the people and all government authority emanates from them. Section 2 – the Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law of the land and adheres to the police of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 3 – Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and state. It’s the goal to secure the sovereign of the State and the integrity of the national territory. Section 4 – The prime duty of the Government is to serve and protect the people. The Government may call upon the people to depend the state and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Section 5 – The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 6 – The separation of Church and State shall be inviolable. Section 7 – Independent foreign policy. *National sovereignty, territorial integrity, national interest, and the right to self-determination. Section 8 – Freedom from nuclear weapons in its territory. Section 9 – Promotion of a just and dynamic social order, freeing the people from poverty. Section 10- Promotion of social justice in all phases of national development Section 11- Values the dignity of the human person and guarantees full respect for human rights. Section 12- Recognizes the sanctity of family life, and protects and strengthens the family as the basic social institution. *Equally protect the life of the mother and the unborn from conception. Section 13- Recognizes the role of the youth in nation-building (nationalism, patriotism, public and civic affairs) Section 14- Recognizes the role of women in nation-building (equality before the law) Section 15- Protect and promote the right to health of the people. Section 16- Protect and advance the right of the people to a balance and healthful ecology. Section 17- Give priority to education, science and technology, arts, culture and sports, etc. Section 18- Affirms labor as a primary social economic force. (Rights of workers). Section 19- Develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20- Recognizes the indispensable role of the private sectors. Section 21- Promote comprehensive rural development and agrarian reform. Section 22- Rights of indigenous cultural communities within the framework of national unity and development. Section 23- Encourage NGOs and community-based/sectoral organizations to promote the welfare of the nation. Section 24- Vital role of communication and information in nation-building Section 25- Ensure the autonomy of local government Section 26- Guarantee equal access to opportunities for public service (prohibits political dynasties as may be defined by law). Section 27- Honesty and integrity in the public service. Section 28- Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Article III - Bill of Rights Enumerates the specific protections against State power. Many of these guarantees are similar to those provided in the American Constitution and other democratic constitutions, including the: due process and equal protection clause The right against unwarranted searches and seizures The right to free speech and the free exercise of religion, The right against self-incrimination The right to habeas corpus. The scope and limitations of these rights have largely been determined by Philippine Supreme Court decisions. Article VI- The Legislative Department Enumerates the composition, qualification term of office, and function of the Senators and representatives. It also specifies the organization, procedure, election, and leadership of officials and the process of making law. Some of the power of Congress includes: Power of investigation or inquiry in aid of legislation (Section 21) Power to declare the existence of a State of war (Section 26) Fiscal power (Section 25) Inherent power: Police power (Section 1), Power of taxation (Section 28), and power of eminent domain (Section 9) gress duly enacted Republic Act No. 7160, The Local Government Code of 1991. Branches of the Philippine Government: Separation of Powers The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the people and all government authority emanates from them (Constitution, Art, III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people have accepted this notice and decided to delegate the basic state authority to principally three branches of the government – the Executive, the Legislative, and the Judiciary - each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances. The Legislative Branch The legislative branch, which has the authority to make, alter, or repeal laws (see also the definition of “legislative power”), is the Congress. “Congress is vested with the tremendous power of the purse, traditionally recognized in the constitutional provision that ‘no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.’ It comprehends both the power to generate money by taxation (the power to tax) and the power to spend it (the power to appropriate). The power to appropriate carries with it the power to specify the amount that may be spent and the purpose for which it may be spent. Under a bicameral system, the Congress is composed of the Senate and the House of Representatives. The Senate is composed of twenty-four (24) Senators, who are elected at large by the qualified voters of the Philippines. The term of office of the Senators is six (6) years. The House of Representatives, on the other hand, is composed of not more than two hundred and fifty (250) members, unless otherwise fixed by law, who are elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area, and those who are elected through a party-list system of registered national, regional and sectoral parties or organization. The term of office of members of the House of Representatives, also called “Congressmen,” is three (3) years. The Executive Branch The Executive branch is headed by the President, who is elected by a direct bote of the people. The term of office of the President, as well as the Vice President, is six (6) years. As head of the Executive Department, the President is the Chief Executive. He represents the government as a whole and sees to it that all laws are enforced by the officials and employees of his department. He has control over the executive department, bureaus, and offices. The Judiciary Judicial power is vested in the Supreme Court and in such lower courts as may be established by law. The judiciary has the moderating power to determine the proper allocation of power between the branches of government When the “judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not, in reality, nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. While Congress has the power to define, prescribe, and apportion the jurisdiction provided in the Constitution. No law shall also be passed reorganizing the judiciary when it undermines the security of tenure of its members. The Supreme Court also has administrative supervision over all courts and the personnel thereof, having the power to discipline or dismiss judges of lower courts. The Supreme Court is composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, on its discretion, in divisions of three, five or seven members. A member of the Supreme Court must be a natural-born citizen of the Philippines, at least forty (40) years of age and must have been for fifteen (15) years or more a judge of a lower court or engaged in the practice of law in the Philippines. Justices hold office during good behavior until they reach the age of seventy (70) years or become incapacitated to discharge the duties of their office. TERMS 5.1 Ex post facto law - A new law was enacted that mandates the use of seatbelts for both drivers and passengers of public and private vehicles. Erlinda is a lady driver; one morning she was fined for not wearing a seatbelt before this law was enacted. This is an example of ex post facto law because not wearing seatbelts was legal by the time Erlinda was fined since there was no law punishing her act. 5.2 Bill of Attainder - Bob is a politician, and if he is guilty of corruption and fraud, he must be imprisoned for 20 years, according to the legislature. Bob never had a chance to defend himself since the law is directly punishing his act without judicial proceedings. This is an example of a bill of attainder since Bob was punished immediately without being able to exercise Bob’s judicial rights in defending himself or presenting himself in court to explain the allegations. 5.3 Habeas Corpus - Maria was in jail and imprisoned for an unknown reason. Her family filed a petition to the court and asked for a writ of habeas corpus, asking the authorities to bring the detainee in front of a judge and present evidence about the reason why Maria was held. This is an example of habeas corpus, as Maria has the right to know why she was arrested and can present herself to the judge to explain the grounds against her. 5.4 Due Process of Law - Eden received an email from the company terminating his contract and firing him for an unknown reason, even a chance to ask and defend himself from this case. Eden filed this case in court and demanded the company provide him with reasons for the termination of his contract since it is one of his rights to know what the reason is, and the termination of the contract and firing him for an unknown reason violated the due process of law since the company didn’t follow the proper steps of contract termination. CHAPTER 3 (HUMAN RIGHTS AND THE LAW) Introduction to Human Rights Human rights are fundamental principles that protect the dignity, freedoms, and rights of individuals. In the Philippine legal system, these rights are central to ensuring fair and equal treatment for all citizens under the law. Understanding Human Rights Inherent: Human rights belong to all individuals, regardless of nationality, race, sex, or status. Universal and Inalienable: Rights cannot be surrendered or taken away and apply to everyone, everywhere, at all times. Categories of Human Rights 1. Civil and Political Rights: Right to free speech, fair trial, and participation in public affairs. 2. Economic, Social, and Cultural Rights: Right to work, education, and health. 3. Collective Rights: Right to development, peace, and a healthy environment. Principles of Human Rights Universality: Human rights apply to all individuals without exception. Indivisibility: All rights are interconnected and equally important. Non-Discrimination: Rights must be guaranteed without bias or exclusion. Accountability: Governments are responsible for respecting and upholding human rights. The Bill of Rights in the Philippine Constitution The Bill of Rights guarantees fundamental civil liberties for all individuals: Right to Life, Liberty, and Property (Article III, Section 1). Freedom of Speech, Expression, and Assembly. Right to Privacy. Right to Due Process and Equal Protection. International Human Rights Instruments The Philippines is a signatory to several key international human rights documents: 1. Universal Declaration of Human Rights (UDHR): Established in 1948 as a global standard for human rights. 2. International Covenant on Civil and Political Rights (ICCPR): Protects political freedoms and civil rights. 3. International Covenant on Economic, Social, and Cultural Rights (ICESCR): Ensures rights to education, health, and social equity. 4. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Advocates for women's rights. 5. Convention on the Rights of the Child (CRC): Promotes and protects children's rights. Role of the Commission on Human Rights (CHR) The CHR is an independent body tasked with: Investigating alleged human rights violations. Monitoring government compliance with human rights laws. Promoting human rights education and advocacy. Advising the government on matters related to human rights. Alleged Human Rights Violations 1. Extrajudicial Killings During the War on Drugs Background: Since 2016, the Philippines’ aggressive anti-drug campaign has resulted in thousands of deaths, many extrajudicial (without due process). Violation: Violates the right to life (Article III, Section 1 of the Philippine Constitution and Article 6 of ICCPR). Impact: International organizations criticized the lack of due process, targeting marginalized communities, and widespread killings. 2. Forced Displacement of Indigenous Peoples in Mindanao Background: Lumad communities have been displaced due to mining, militarization, and armed conflict. Violation: Breaches the right to property and self-determination (Indigenous Peoples’ Rights Act of 1997, Republic Act No. 8371). Impact: Loss of livelihood, disrupted cultural practices, and limited access to education and resources. 3. Arbitrary Detention and Torture of Activists Background: Activists, environmental defenders, and government critics face harassment, arbitrary detention, and torture. Violation: Violates rights to due process and protection from torture (Anti-Torture Act of 2009, Republic Act No. 9745). Impact: Undermines rule of law, fosters fear among dissenters, and stifles freedom of expression. Human rights ensure dignity, equality, and justice in society. The Bill of Rights and international instruments provide the foundation for human rights protection in the Philippines. Human rights ensure dignity, equality, and justice in society. The Bill of Rights and international instruments provide the foundation for human rights protection in the Philippines. The CHR plays a crucial role in safeguarding these rights and promoting government accountability CHAPTER 4 (CRIMINAL LAW AND JUSTICE SYSTEM) Criminal law relates to crime and social conduct regulation. Defines behaviors that are prohibited as they endanger public welfare. The criminal justice system includes: ○ Police: Law enforcement and investigation. ○ Courts: Conduct trials and impose penalties. ○ Corrections: Custody, rehabilitation, and reintegration. DEFINITION AND ELEMENTS OF CRIME Crime: An act or omission punishable by law and known as felonies (delitos). 1. Act: A deed or conduct that violates the law. 2. Omission: Failure to act when there is a legal duty to do so. Felonies: 1. Deceit (Dolo): Acts performed with deliberate intent. 2. Fault (Culpa): Wrongful acts due to imprudence, negligence, lack of foresight, or lack of skill. Elements of Crime: 1. Actus Reus (Guilty Act). 2. Mens Rea (Guilty Mind). 3. Concurrence: The coexistence of act and intent. 4. Causation: The connection between the act and resulting harm. 5. Harm: The damage caused. CATEGORIES OF CRIMES 1. Felonies: Serious offenses (e.g., murder, rape) with severe penalties. 2. Misdemeanors: Less seriousoffenses (e.g., petty theft) with lighter penalties. 3. Infractions or Violations: Minor breaches, usually punishable by fines. PHILIPPINE CRIMINAL LAW: KEY PROVISIONS Revised Penal Code (RPC): 1. Book One: General principles, criminal liability, and penalties. 2. Book Two: Specific crimes (e.g., murder, theft, rebellion) and their penalties. Special Penal Laws: 1. Comprehensive Dangerous Drugs Act (RA 9165). 2. Anti-Trafficking in Persons Act (RA 9208). 3. Cybercrime Prevention Act (RA 10175). THE PHILIPPINE CRIMINAL JUSTICE SYSTEM 1. Police: ○ Perform law enforcement, investigate crimes, and apprehend suspects. 2. Courts: ○ Conduct trials, determine guilt, and impose penalties. 3. Corrections ○ Handle custody, rehabilitation, and reintegration of offenders. POLICE ROLE AND CHALLENGES Police: ○ Serve as the first contact in criminal cases, investigate crimes, and prepare reports. Challenges: ○ Corruption, human rights abuses, and limitedresources. Reforms: ○ Accountability measures, enhanced training, and community-based policing. ROLE OF COURTS AND JUDICIAL INDEPENDENCE Courts: ○ Conduct trials, protect rights, adjudicate cases, and review evidence. Judicial Independence: ○ Judges render impartial decisions free from political influence. ○ Judicial and Bar Council ensures integrity through screening. CORRECTIONS: PRISONS AND REHABILITATION Prisons and Jails: ○ BuCor: Manages national prisons for longer sentences. ○ BJMP: Handles local jails for short-term and pre-trial detainees. Rehabilitation: ○ Programs include education, vocational skills, and counseling. ○ DOJ promotes restorative justice and humane treatment. TAKEAWAYS Criminal law and the justice system ensure justice, safety, and rights. The Revised Penal Code, special laws, and justice institutions guide criminal procedures. Reforms and understanding criminal justice components foster fairness and accountability