Criminal Law I - Fundamental Principles PDF

G.Ulil!m \/ MEM✓Q~Y AID San Beda Unlverolty College of Lew RGCT Bar Operations Conte,. 1 I CRIMINAL LAW FUNDAMENTAL PRINCIPLES I...

G.Ulil!m \/ MEM✓Q~Y AID San Beda Unlverolty College of Lew RGCT Bar Operations Conte,. 1 I CRIMINAL LAW FUNDAMENTAL PRINCIPLES I (AMURAO, Commentaries on Criminal Law RPG It is that branch or division of law which defines Book One, (2013), p. 1 [hereinafter AMURAO, Book crimes, treats of their nature, and provides for their One]). punishment (REYES, The Revised Penal Code, Book One, (2021), p. 1 {hweinafter REYES, Book TERMS: One]). 1. Crime Penal laws are those acts of the Legislature, which - act or omission punishable by law prohibit certain acts and establish penalties for their (CAivtPANILLA, Criminal Law Reviewer, Volume violations; or those that define certain acts and /, (2020), p. 48 [hereinafter I CAMPANILLA, establish penalties for their violations; or those that Reviewer]). , define crimes, treat bf their nature, and provide for their punishment (Lacson v. Executive Secretary, NOTE: Crime is a generic term that embraces G.R. No. 128096, January 20, 1999). any violation of the Revised Penal Code, special penal laws, and municipal or city ordinances (ESTRADA, Criminal Law: Book One of the CRIMINAL LAW AND CRIMINAL Revised Penal Code: Made Easy for Students, PROCEDURE, DISTINGUISHED Examinees & Practitioners, (2008), p. 2 r ESTRADA, Book One]). It defines crimes, treats of their nature, and hable under special laws, i.e. provides for their any Jaw other than the Revised Penal Code (Id.). punishment. tions of ordi.nances (BOADO, Notes and Cases on the Revised Penal Code, Books 1 and 2 and Special Penal Laws, (2018), p. 41 [hereinafter BOADOJ). Prospective, unless Retroactive; in favor of favorable to the the ends of substantial Q. Ma/um in se ("evil in itself') accused, provided that justice, crime or an act that is inherently immoral, the accused is not a such as murder, arson. or rape (Black's Law habitual delinquent. Dictionary, 9th Ed.). DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE VANE B. SANTOS, Chairperson for Academics I RON ALYN A. GACUJ.A, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELG IRA, Vice Chairperson for Finance I JUAN INIGO S. MIGUEL, Vice Chairpmun for Operations I ALISSA MARlE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA ·R. TAMPUS, Vice Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD JV, Vice Chair erson or Membershi ORDAN N, CHAVEZ, Vice Chair erson for Electronic Data Prucessin YVEZZA KA.! the Philippines; and f. \B' ng'f'qmbansa; and The concept of mens re,/'.;~tib~~ al.a guilty.:t Pen?I 1dentl,al Decrees issued during mind, a guilty or wrongfLI purpilse o( criminal (Rt:YE,S, Book.One, supra at 1). Martial La\¥t~_,f~~,. ~ intent-is the main co~sl~~raffon (V/llareal v; ,.v: p ,--~~-·,1 \ ;· · ,.~.,-,~.. \;_, People, G.R. No. 151258;Fef:Jfuary 1,'.2012). Pohte Power as Basis , \' - The Stqle has t~e authqrity, under its police power, NOTE: The Revised P~m·ifQ9~e beloq~s to the ·to defin~f$.nc,l pu~ish as,well as to lay down the rules classical school of thoughJ (Vil[areal y:, P,eople; ':\:if crimi11a):proci§dure (/,ti at 2). , _:; //: c. r f , ~ G.R. No. 151258, Februafyft/2Q12).'../: '. LIMiTA'no~s ON THE POWER oF 2. Positivist or Realistic 1:heory ·..· GONGRl;SS TQ/ENACT PENAL LAWS The basis for criminal liability is the.. ~um to.ta I. TKe C9ngr~ss, in,enacting penal laws are restricted of the social and economic phe,riomena'tovyhich ·. _b.y.thefollowing.Constitutipnal limitations: the offense is expressed (De, Jc{ya_, V.. Jail Warden ofBatangas City, G.R. Nos.. 159¾18~19, December 10, 2003). ·· · 1',· Nc{.e.fpost facto law or bill of attainder ,·. shall be enacted (CONST Art. Ill, Sec. 22). Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do Ex post facto law wrong, in spite of or contrary to his volition. It is a penal law which is given retroactive application to the prejudice of the accused The crime is essentially a social and natural (BOADO, page 4). phenomenon and as such, it cannot be treated and checked by applying law and jurisprudence A law which: (MACAAD) nor by imposition of a punishment, fixed and 1..Makes criminal an act done before the determined a priori (REYES, Book One, supra at passing of the law and which was innocent 32). when committed. and punishes such an action; The purpose of penalty is to secure justice. The 2. ~ggravates a crime, or makes it greater than penalties should not only be retributive but also it was, when committed; reformative (De Joya v. Jail Warden of Batangas 3. fhanges the punishment and inflicts a City, GR Nos. 159418-19, December 10, greater punishment than the law annexed to 2003). the crime when it was committed; 4. ~lters the legal rules of evidence, and authorizes conviction upon less or different  -- MEM:Q~Y AID \ / San Boda Univeratty Col18jja of law - RGCT Bar Operations Cantor testimony than the law required at the time The law must bP. gP.neral in c1pplication and of the commission of an offense; mus~ comply with the requirements of both 5. ~ssumes to regulate civil rights and procedural and substantial due process remedies only, In effect Imposes penalty or (LJOADO, supra at 1). deprivation of a right for something which when done was lawful; ond G. Freedom of Expression (CONST. Article Ill, 6. Qeprives a person accused of a crime some. Sec. 4). lawful protection to which he has become The 9uaranties of a free speech and a free entitled, such as the protection of a former press include the right to criticize judicial conviction or acquittal, or proclamation of conduct The ::iclministrntion of the law is a amnesty (Lacson v. Executive Secretary, matter of vital public concern. Whether the law G.R. No. 128096, January 20, 1999). is wisely or badly enforced is, therefore, a fit subject for proper comment. If the people cannot NOTE: The prohibition applies only to criminal criticize a justice of the peace or a judge the legislation, which affects the substantial rights of same as any other public officer, public opinion the accused (Wright v. Court of Appeals, C.R. will be effectively muzzled (U.S. v. Bustos, G.R. No. 113213, August 15, 1994). No. L-12592, March 8, 1918). Bill of Attainder 6. Freedom of Religion (CONST. Article Ill, It is a legislative act that inflicts punishment Sec. 5). without judicial trial. Its essence is the In simplest terms, the Free Exercise Clause substitution of legislative act for a judici~t,_ '·>°: ff prohibits. government from inhibiting religious determination of guUt (People v. Ferrer, G,F?i\ :, :,':l beliefs with penalties for religious beliefs and Nos. L-32613-14, December 27, 1972).... rUfii> practice, while the Establishment Clause · · overnment from inhibiting religious 2. N~m~enrs onff~hn~I! bu,~iLhhnel d t?, ~nns..w:~,.,f~rnaf~ !{ t _;_:_i;_:, -f-F,;'.~~:~'.' rewards for religious beliefs and !.. 1 cn... a. o.. a.... t:.. ~t: t.,- 1....1 -. 1 0 t: t''·~~e..,.:;; -· 1. In oth.e; vvords, the twO religion law (CONST,., Art. Ill, Sec. 14, Pan:(()). clauses.,. re intended to deny government the ,fo power !ius,e either the carrnt or the stick to 3. It should not impose cruel. and ~t\ijsual influei;i'te t iii9ividual religious beliefs and punishment nor shoµld it i'mpose·· v. practJtes j(Estr,ada Escritor, A. M. No. P-02- excessive fines (CONS.I.; Art, il!;;\$~c..19, 16 · formert OCA J.P./. No. 00-1021-P) Par. (1)). ·. · · ·.·· (ft ,~f/111' 22, 2006JJ. Death Penalty 7. Free access to the courts and quasi- R.A. No. 9346, approved on June 24,' 2006 :L ·t:c,ti,t';!~icial bodies and adeq~ate legal prohibits the imposition of de 9th · pen.~l~y.,,;:"''i1f{)a.$~i~tance shall not be denied to any therefore repealing R.A. No. 7659, apd all 9tl')'er person by reason of poverty (CONST. laws, executive orders and decrees, im;;ofor o:; Article Ill, Sec. 11 ). they impose the death penalty (R.A. 9346, Na. Sec. 1). 8. Right to remain silent and have competent and independent counsel In lieu of the death penalty, the following shall be (CONST. Article Ill, Sec. 12). imposed: 1. The penalty of reclusion porpotua, when the 9. No person shall be compelled to be a law violated makes use of the nomenclature witness against himself (CONST. Article Ill, of the penalties of the RPC; or Sec.17). 2. The penalty of life imprisonment, when the law violated does not make use of the 10. No person shall be imprisoned for debt nomenclature of the penalties of the or non-payment of a poll tax (CONST. Revised Penal Code (R.A. No. 9346, Sec. Article Ill, Sec. 20). 2). 11. Against Double Jeopardy (CONST. Article 4. No person shall be deprived of life, Ill, Sec. 21). liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws (CONST., Art. Ill, Sec. 1).  " ➔' 4 ,..... CRIMINAL LAW I Criminal Law CHARACTERISTICS OF CRIMINAL LAW: security of the Philippines, (GTP) punishable under the laws of the Philippines, but not under the laws 1. ~eneral; of the US. 2. Territorial; and b. US authorities exercise exclusive 3. frospective (REYES, Book One, supra at 8). jurisdiction over US personnel with respect to offenses, including - I. GENERAL offenses relating to the security of Generality Principle the US, punishable under the laws Penal laws and those of public security and of the US, but not under the laws of safety shall be obligatory upon all who live and the Philippines. sojourn in the Philippine territory, subject to the principles of public international law and to treaty An offense relating to security means: stipulations (CIVIL CODE, Art. 14). 1. Treason; 2. Sabotage; The Court held in the case of Del Soccorro v. 3. Espionage; or Van Wilsem (G.R. No. 193707, December 10, 4. Violation of any law relating to 2014), that the Territoriality Principle in criminal national defense. law in relation to Article 14 of the New Civil Code, applies on the question of l~yY 3. In cases where the right to exercise concerning the liability of a foreign nat[9nalwho jurisdiction is concurrent allegedly commits acts and,/ ::omi#sions ·a, Philippine auihorities shall have the punishable under special S!rirr;iirial : layvs, , primary right to exercise jurisdiction specifically in relation to family,,i:ights\;rnsf-duties ,over all offenses committed by US (refusing to support his ~tiild'' '1\t~, p9,tj.tioner pe'rsonnel, except in cases provided cornrnilled here in the Philipgihes):/\s 9uch, our fot irt,paragraphs l(b), 2(b), and 3(b) courts have territorial juristlictjon