ESGUERRA NOTES – CRIMINAL LAW

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ESGUERRA NOTES – CRIMINAL LAW ESGUERRA NOTES – CRIMINAL LAW CRIMINAL LAW I A. DEFINITION Criminal law is that branch or division of law which defines crimes, treats of their nature, and provid... es for their punishment. B. STATE AUTHORITY TO PUNISH CRIMES 1. SOURCES OF PHILIPPINE CRIMINAL LAW (REYES) 1. The Revised Penal Code (Act No. 3815) and its amendments 2. Special penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. 3. Penal Presidential Decrees issued during Martial Law. suppression of crimes, such power is delegated to subordinate government subdivisions such as territories. The Philippine Legislature by virtue of the Jones Law, like other territories of the US, has the power to define and punish crimes. The present government of the Philippines created by the US Congress is autonomous. It is within the power of the legislature to prescribe the form of the criminal complaint as long as the constitutional provision of the accused to be informed of the nature of the accusation is not violated. US v. Pablo (1916) Facts: Pablo, a policeman, arrested Dato who was found in a vacant lot where a jueteng game was conducted. He presented a memorandum to his chief claiming that he saw Malicsi and Rodrigo leaving the area. However, during the trial, he changed his statement and claimed that he did not see Malicsi nor Rodrigo leaving the area. As a result, the two accused were acquitted. Pablo was charged with the crime of perjury and was convicted under Act. No. 1697. It was claimed that the Act repealed the provisions of the Penal Code relative to perjury, and the last provision of the Administrative Code repealed the Act, thus, there is no penal sanction for the crime of false testimony or perjury. Held: Notwithstanding that the Act no. 1697 has been interpreted by this court in its decisions to have repealed provisions of the Penal Code relating to false testimony, it did not expressly repeal the pertinent provisions of the RPC. Also, the Administrative Code, in totally repealing Act no. 1697, did not expressly repeal the said articles of the Penal Code. Hence, the provisions of the Penal Code relative to perjury remain in force. The reason behind such interpretation is that crimes should not go unpunished or be freely committed without punishment of any kind. 2. LIMITATIONS TO STATE AUTHORITY TO PUNISH CRIMES People v. Santiago (1922) Facts: Santiago was driving an automobile at a high speed notwithstanding the fact that he had to pass a narrow space between a wagon standing on one side of the road and a heap of stones on the other side where there were two boys standing. He ran over Parondo who was instantly killed as a result of the accident. Santiago was convicted by the lower court of the crime of homicide by reckless imprudence. The accused appealed challenging the validity of Act No. 2886 which amended General Order no. 58 (which provides that all prosecutions for public offenses shall be in the name of the United States against the persons charged with the offenses), claiming that the legislature is not authorized to amend the latter because its provisions have the character of Constitutional Law. Sec. 2 of Act No. 2866 contains that ―all prosecutions for public offenses shall be in the name of the People of the Philippine Islands against the person charged with the offense.‖ Held: The procedure in criminal matters is not incorporated in the Constitution of the States, but is left in the hands of the legislature, so it ¤ 1987 Constitution Article II, Section 5 Declaration of Principles and State Policies. 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. I. DEFINITION AND SOURCES ¤ 1987 Constitution Article VI, Section 1 The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. 1987 Constitution, Art. III Sec. 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Sec. 14. No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial and public trial, to meet the witnesses face to face, and to gave compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Sec. 18. No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Sec. 19. Excessive fines shall not be imposed, nor cruel degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. ESGUERRA NOTES – CRIMINAL LAW LEX SOCIETAS that it falls within the realm of public statutory law. The states, as part of its police power, have a large measure of discretion in creating and defining criminal offenses. It is urged that the right to prosecute and punish crimes is an attribute of sovereignty, but [Show More]

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