Introduction to Law Notes PDF

INTRODUCTION TO LAW Law > laid down, ordained, or established > rule or method according to which phenomena or actions co-exist or follow each other. Penal laws > acts of legislature which prohibit certain acts and establish penalties for their violations or those that define crimes, treat of their...

INTRODUCTION TO LAW Law > laid down, ordained, or established > rule or method according to which phenomena or actions co-exist or follow each other. Penal laws > acts of legislature which prohibit certain acts and establish penalties for their violations or those that define crimes, treat of their nature, and provide for their punishment. >crimes exist because of the law that prohibits it. Criminal Justice System > anchored on the violation of law that are criminal in nature > violation of public or municipal law or a special penal law Revised Penal Code > municipal law of the Philippines > revision of the old penal code of Spanish text > the revision is intended to incorporate and takes into consideration the existing conditions the special laws and rulings by the Supreme Court. > created by the Administration Order No. 94 of the DOJ on Oct. 18, 1927 > the committee was composed of Anacieto Diaz, as Chairman, Quintin Paredes, Guillermo Guevarra, Alex Reyes, and Mariano H. De Joya as members. > approved on December 8, 1930 and took effect on January 1, 1932 Criminal Law > special penal laws by Philippine Commission, Philippine Assembly, Legislative, National Assembly, Congress, and Batasang Pambansa > Penal Presidential Decrees issued during Martial law Characteristics 1. Generality — the law is binding to all persons who live or sojourn to the Philippines, except as provided in the treaties and laws of preferential applications. 2. Territoriality — laws are only effective within the territorial jurisdiction of a state 3. Prospectivity — law looks forwards It only punishes acts that are considered crime by virtue of law Exceptions: favorable to the accused accused is not habitual criminal under rule 5, article 62 of Revised Penal Code Crime — act committed in violation of public law Offense — act punishable by special laws Felony — act punishable by Revised Penal Code, incurred by Dolo or Culpa Misdeamenor/Infraction of laws — act in violation of City, Municipal, or Barangay ordinance Mala in se — evil or wrong itself Mala Prohibita — wrong because they are prohibited Republic Act 9344 defines offenses as any act whether punishable under laws or the Revised Penal Code, as amended. Felony by means if Dolo (Deceit). Felony by means of Culpa (Fault) elements: elements: 1. Freedom. 1. Freedom 2. Intelligence. 2. Intelligence 3. Intent 3. Imprudent, negligent, lack of foresight/ skil Justice — process or result of using laws to fairly judge and punish crimes and criminals Benjamin Mendelson — proponent of Victimology theory Sources of law: 1) Code of Hammurabi > first known bodies of law > deals with theft, ownership, sexual relationship, and interpersonal violence 2) Roman law Mesopotamian laws and codes > derived from the 12 tables > earliest well-developed written laws > Justinian code > babylonian code of Hammurabi > distinguished by the private and public laws > primitive concept of “trial by ordeal” > address legal procedure with statements for 3) Common law penalties > early unwritten legal principles > spcial customs, rules, practices Common law of England > declared legal by English King Edward > based on rules of royal courts 4) Magna Carta (Great Charter) > 1215, signed by King John of England > guarantees basic liberties for all British citizens > due process of law > foundation stone of our present liberties 5) Greek law > ideas of great philosophers > notion of justice influences legal reasoning > concept of impartiality and common law 6) Canon law > ecclesiastical law  > set of ordinances and regulations > first codification of Church law > separation of laws and morals 7) Germanic law > family of customary laws > verbalizes law tradition > primordial elements of laws and the code of boldness 8) Philippine law > written and unwritten > written by Datus > pre-Spanish code was Maragtas and Kalantao Maragtas — oldest written body of law (1250 A.D) Kalantao — Datus is chief in settlement; consists of 100 families United States Criminal Justice System > inquisitorial in nature > law enforcement, courts, corrections Spain Criminal Justice System > European continental legal system > Judge carry out the investigative stage of penal process > suspect benefits from procedural guarantees > hearings are adversarial procedure Singapore Criminal Justice System > law enforcement, prosecution, courts, corrections > adversarial > legal system is heavily borrowed from english laws China Criminal Justice System > Marxist > judicial activities, public security branches, people procutes, and people courts have decision of labor > Public security - investigation, detwntion, preparatory, examination of criminal cases Criminal Justice System > prevents the commission of the crime > provide and maintain justice > major adjudication process of the accused > retributive type of justice Retributive Justice > punishment is in the form of setencing > punishment is not personal > aims to punish the wrong act done > reform and correct offenders guilty beyond reasonable doubt > highest degree of proof > protects the rights of the accused Pillars of Criminal Justice System 1. Law Enforcement Pillar - prime mover of the system - under Executive branch - conduct lawful searches, seizures, and gather evidence - first point of contact with the community 2. Prosecution Pillar - public prosecutors - evaluation of evidences - investigate to find probable cause - file information to the court Take note! complaint information preliminary investigation probable cause 3. Court Pillar - judiciary branch - power to hear and try cases - conduct investigation - determine probable cause Take note! arrest warrant of arrest search warrant 4. Correction Pillar - cater convicted felons - safekeeping and reformation of criminals - jails and prisons - Bureau of Corrections - Bureau of Jail Management and Penology - LGUs 5. Community Pillar - support to the program of the corrections - duty holders in the administration of justice - most critical and useful component Lex Talionis — law of retaliation equivalent to an offense — an eye for an eye, a tooth for a tooth Criminal Behavior — the birth of a criminal or deliquent behavior is a product of factors between man and his environment Criminal tendencies — materials for committing a crime are present Resistance — person’s susceptibility to commit violations or failures to follow certain social standards or rules of conduct Criminal Justice — procedure by which criminal conduct is investigated, arrest made, evidence gathered, charnges brought, defenses raised, trials conducted, sentences rendered. INSTITUTIONAL APPROACHES Historical Approach — it reveals the origin of the current legal thinking and exemplifies the collective outcome of the account on modern day Criminal Justice System. Legalistic Approach — examines the role of legal theory in criminal justice Socio-behavioral Approach — illustrates the contribution of psychology and the social sciences to criminal justice. World Order Approach —adopt the holistic view based on religious, economic, and socio-cultural concepts of the world. Operational Reality Approach — attempts to consider the criminal justice system, as it is pragmatic in practice. Organizational Approach — looks at the criminal justice procedure or its distinctive mechanisms and evaluates them in consideration with the governmental standards. Reform Approach — this attempts to pinpoint those components of criminal justice that are inhuman or unjust and reform them. Enactment of the Revised Penal Code (Act No. 3815) > approved on December 1930 > took effect on January 1, 1932 > from 1930 to 1931, the old penal code was still being enforced Inquisitorial System > Judge is not limited to the evidence brought before him and may proceed with his own inquiry. Accusatorial System > public trial where judgement is rendered by a magistrate > presumption of innocence > prosecution must establish proof of guilt beyond reasonable doubt Mixed System > examinatjon of defendants and other persons filing of the complaint or information is inquisitorial. Conviction of a lesser crime > the Rules of Court provide that the accused can be convicted of a lesser crime than the crime he has been charged. > only if the elements of the lesser offense should necessarily included in the offense charged and such crimes must also be proven by competent evidence.