Criminal Law

Topics: Criminal law, Law, Crime Pages: 7 (1704 words) Published: August 11, 2013
1. What is Criminal Law?
Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

2. When did the RPC take effect?
Art 1. Time when Act takes effect – This Code shall take effect on the first day of January, nineteen hundred and thirty two. (Jan. 1, 1932)

3.What are the sources of Phil. Criminal Law?
a.) The RPC and its amendments
b.) Special Penal Laws passed by the Phil Commission, Phil Assembly, Phil Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. c.) Penal Presidential Decree issued during Martial Law.

4.What is meant by ex-post facto law?
(1) Makes an action done before the passing of the law and which was innocent when done criminal, and punishes such action; or (2) Aggravates a crime or makes it greater than it was when committed; or (3) Which damages the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed; or (4) Which alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense in order to convict the defendant; or 5) Assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was lawful; or 6) Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of the former conviction or acquittal, or a proclamation of amnesty.

5.What are the characteristics of Criminal Law? Explain each. (1) GENERAL, in that criminal law is binding on all persons who live or sojourn in the Philippine territory. (2) TERRITORIAL, in that criminal laws undertake to punish crimes committed within Phil. territory. (3)PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Art. 266of the RPC, crimes are punished under the laws in force at the time of their commission.

6.Are there persons exempt from the coverage of our criminal laws? If your answer is in the affirmative, then who?
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires.

7.Is there any exception to the territorial application of our criminal law? If there are, what are the exceptions? Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

8. What are the different effects of repeal of penal law?
(1) If repeal makes the penalty lighter in the new law, the new law shall be applied, except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. (2)If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied (3)If the new law totally repeals the existing law so...
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