GARCIA NOTES - CRIMINAL LAW REVIEW [2018] 1 [Maria Aurora Mon, Carmel Liria, Gretchen Sy, Anne Rose De Guia, Ma. Althea Raypon, J-ann Javillonar & Maria Maica Angelika Roman] Updated by Anonymous Lawyer (https://www.facebook.com/Anonymouslawer/) CRIMINAL LAW REVIEW BY: ATTY. VICTORIA GARCIA Transcribed by: Maria Aurora Mon, Carmel Liria, Gretchen Sy, Anne Rose De Guia, Ma. Althea Raypon, J-ann Javillonar & Maria Maica Angelika Roman. Updated by: Updated by Anonymous Lawyer (https://www.facebook.com/Anonymouslawer/) CRIMINAL LAW – branch of division of law which defines crimes, treats of their nature and provides for their punishment. CRIME – act committed or omitted in violation of the law. 2 injuries are committed; 1. Injury committed against a person; 2. Injury committed against the state; Injury committed against a person Personal injury against the private offended party. Civil indemnity is awarded to the offended party on the heirs. Injury committed against the state - Punishment is imprisonment. Social injury against the state for the disturbance of peace. Note: for every crime committed, it is more of an offense against the state rather than against the private offended party. Example: A hit B. B sustained a fatal wound but he survived. Thereafter, B filed frustrated homicide. The fiscal found probable cause. In the information filed by the fiscal, the title is People of the Philippines vs A. The trial continued and the judge found the accused guilty beyond reasonable doubt. The first penalty of the judge is imprisonment due to social injury. Aside from this, B will pay a civil indemnity. Definition of Terms There are three kinds of Crime; 1. Felony – Acts or omissions punished by the Revised Penal Code (RPC); 2. Offense – punished by a special law; 3. Acts/Infractions – punished by ordinances, local legislation; *Note that all three are under the umbrella term of Crime. Q: Who has the power to enact Penal Laws? A: As a general Rule the Legislative Department has the power to enact Laws. However, in case of emergency, president may issue a Penal Issuance Order provided that there is a law granting it to the president. Q: Is the power of Congress absolute? A: No, there are limitations. Limitations to the Power of Congress to enact Penal Laws: 1. Penal law must be General in application otherwise it would be violative of the Equal Protection Clause; 2. Must not partake the nature of an ex post facto law – ex post facto law makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; 3. Not a Bill of Attainder – A bill of attainder is a legislative act which inflicts punishment without judicial trial; 4. Cannot impose cruel or excessive penalties or punishments - e.g. congress cannot amend article 308-309 death, by saying that henceforth that any who commit theft will be given death. This is unusual punishment so it is prohibited. Characteristics of Penal Laws The following are the characteristics of penal laws; 1. Generality - Persons to whom criminal law shall apply; 2. Territoriality - Place where penal law shall be applied; 3. Prospectivity - Time when it shall apply GENERALITY  Penal laws shall be applied to all persons on being within the Philippine territory whether they are Filipino Citizens or foreigners regardless of any of their personal circumstances;  Applicable to all so long as within the Philippines;  Applies to non-citizens since while they are within the Philippines, they are given protection in the same way that the government protects its own citizen;  Article 14 of the Civil Code – penal laws shall be binding on all those who live or sojourn in the Philippines whether citizen or not; Exceptions to the GENERALITY characteristic: 1. Generally Accepted Principles of International Law; 2. Laws of Preferential Application; Generally Accepted Principles of PIL; Heads of state, chief of state and other diplomatic heads such as ambassadors and public ministers enjoys blanket immunity from the criminal jurisdiction of the country where they are assigned. Since they are immune, they cannot be arrested, prosecuted or punished. (Diplomatic Immunity from Suit); Laws of Preferential Application; Laws which exempt certain individuals from criminal prosecution such as members of Congress are immune from libel, slander and defamation for every speech made in the House of Congress during a regular or special session. Example; X, the head of state Japan, went to the Philippines for a working visit. X was summoned to Malacañang. However, the driver of X was not feeling well so instead, X drove himself to Malacañang. X drove the vehicle in a reckless manner. As a result, he hit and killed an innocent pedestrian. Q: May X be prosecuted? A: No. As a head of state, X enjoys blanket immunity from prosecution. *Consuls – not among those who enjoy the diplomatic immunity from suit