Title 2025 San Beda Red Book Criminal Law.pdf ✅

l FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW Q: What is Classical or Juristic Theory? ANS: This theory states that the basis of criminal liability is human free will and the purpose of penalty is retribution (I REYES, The Revised Penal Code, supra at 31, [hereinafter referred, REYES, Book One]). The basic postulate of this th guides his actions with refe compensate for the wro a direct proportion to the penalty (1 AMU referred, AMURAO, actor. It is reformative an the criminal is only consider be cured. The purpose of punis (AMURAO, Book One, supra at 11). Q: What is Eclectic or Mixed Theory? ional and calculating being who and pain. The accused must arty. The punishment has s the crime is, the higher , supra at 9-10, {herein t (Villareal v. People, ss on the criminal or the ualized punishment. Hence, s not to be punished but must ion and correction of the accused. ANS: This theory is a combination of the good features of both the classical and the positivist theory. The classical theory should be applied to grievous or heinous crimes, whereas the positivist is made to apply on economic and social crimes (BOADO, Compact Reviewer in Criminal Law (2019), p. 8-9 [hereinafter, BOADO, Compact Reviewer]). Q: What is Utilitarian or Protective Theory? ANS: Criminal law affirms that the primary function of punishment is to protect society from potential and actual wrongdoers (Vergara v. People, G.R. No. 160328, February 4, 2005).
EIIIJlli._.ll&RlBllltllllW4fllR,t-11tWl&t!«lfll!llt1 i1fi1:~1$~~ff£~1f~riiinctit'Jjfti¥rili#iliijffiiif#}:f:fi:2;.i~fz;:;:::?::;,;:.:;t;1,Igt;L::I,,:i2:f:•••·' Q: What are the effects of repeal or amendment on pena1 laws? ANS: The following are the effects of a repeal or amendment on a penal law: Application of New Law Makes the penalty lighter Imposes a heavier penalty Totally repeals the existing law (so that the act which was penalized under the old law is no longer punishable) If the new law and the old law penalize the same offense If the repealing law fails to penalize the offense under the old law If a new law omits anything contained in the old law dealing on the same subject (REYES, Book One, supra at 23-26). Effect .- I I .. I EXCEPTION: 1. When the offender is a habitual delinquent; or 2. When the new law is made not applicable to the pending action or existing causes of action The law in force at the time of the commission of the offense shall be applied. The crime is obliterated. Then the offender can be tried under the old law. Then the accused cannot be convicted under the new law. Then it operates as a repeal of anything not so included in the amendatory act. Q: What is the effect of an absolute repeal of a penal law? ANS: As a rule, an absolute repeal of a penal law has the effect of depriving a court of its authority to punish a person charged with violation of the old law prior to its repeal. This is because an unqualified repeal of a penal law constitutes a legislative act of rendering legal what had been previously declared as illegal, such that the offense no longer exists and it is as if the person who committed it never did so (Benedicto v. CA, G.R. No. 125359, September 4, 2001 ). Q: What are the recognized exceptions to such effect of an absolute repeal of a penal law? ANS: One is the inclusion of a saving clause in the repealing statute that provides that the repeal shall have no effect on pending actions. Another exception is where the repealing act reenacts the former statute and punishes the act previously penalized under the old law (Benedicto v. CA, G.R. No. 125359, September 4, 2001).
• Q: What is the effect of a new law that reenacts provisions of a previously repealed law? ANS: Where a clause or provision or a statute for that matter is simultaneously repealed and reenacted, there is no effect upon the rights and liabilities which have accrued under the original statute, since the reenactment, in effect "neutralizes" the repeal and continues the law in force without interruption. The rule applies to penal laws and statutes with penal provisions. Thus, the repeal of a penal law or provision, under which a person is charged with violation thereof and its simultaneous reenactment penalizing the same act done by him under the old law, will neither preclude the accused's prosecution nor deprive the court of its jurisdiction to hear and try his case. The act penalized before the reenactment continues to remain an offense and pending cases are unaffected (Benedicto v. CA, G.R. No. 125359, September 4, 2001). II .IIBIIIIIII : I~~-~ Q: When can penal laws be ANS: Penal laws are applied 1. When the law is [RPG]) 2. When the I February 1 3. When the prohibitio supra at Q: What are the i for the accused, ANS: Retroactivity 1. The new I 2. ct to the constitutional Law Reviewer (2020), e]). en retroactive effect him? ·genda principle? ANS: It is the principle that pe vorable to the accused are given retroactive effect. This is an exception to the general rule that all laws are prospective, not retrospective. Conscience and good law justify this exception. It was inspired by sentiments of humanity (Inmates of the New Bi/ibid Prison, Muntinlupa City v. De Lima, G.R. No. 212719, June 25, 2019). 111 'ffli"'ff1'.f'B!Pl.l?\rUI7:/'rf!:~4~;,!J'.;ti~~~-~~.,.r~~t/4Ef~ TMI -~= =t = ~.fflL...._JWMDY~~:->,<3⁄4;«M;;:3⁄4x'.Z.~-.~~~i.~.....ti~~i. Q: What is the Pro Reo Principle (or in Dubio Pro Reo)? ANS: In dubio pro reo means ''when in doubt, rule for the accused." It is a fundamental principle in applying and in interpreting criminal laws is to resolve all doubts in favor of the accused (Intestate Estate of Gonzales v. People and Sato, G.R. No. 181409, February 11, 2010). Intimately related to the in dubio pro reo principle is the rule of lenity. The rule applies when the court is faced with two possible interpretations of a penal statute, one that is prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an interpretation which is more lenient to the accused (Intestate Estate of Gonzales v. People and Sato, supra).