Tiêu đề The Revised Penal Code Book 1 - Reyes.pdf ✅

CRIMINAL LAW Criminal Law, defined. Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. (12 Cyc. 129) Crime, defined. Crime is an act committed or omitted in violation of a public law forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's Third Revision, 729) Sources of Philippine Criminal Law. 1. The Revised Penal Code (Act No. 3815) and its amend- ments. 2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National As- sembly, the Congress of the Philippines, and the Batasang Pambansa. 3. Penal Presidential Decrees issued during Martial Law. No common law crimes in the Philippines. The so-called common law crimes, known in the United States and England as the body of principles, usages and rules of action, which do not rest for their authority upon any express and positive declaration of the will of the legislature, are not recognized in this country. Unless there be a particular provision in the penal code or special penal law that defines and punishes the act, even if it be socially or morally wrong, no criminal liability is incurred by its com- mission. (See U.S. vs. Taylor, 28 Phil. 599, 604) Court decisions are not sources of criminal law, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government. l

CRIMINAL LAW IN GENERAL Constitutional Rights of the Accused 3 (5) assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and (6) deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. (In re: Kay Villegas Kami, Inc., 35 SCRA 429, 431) Congress is also prohibited from passing an act which would inflict punishment without judicial trial, for that would constitute a bill of attainder. A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt. (People vs. Ferrer, 48 SCRA 382, 395) Example: Congress passes a law which authorizes the arrest and imprisonment of communists without the benefit of a judicial trial. To give a law retroactive application to the prejudice of the accused is to make it an ex post facto law. The penalty of prision mayor medium, or eight years and one day to ten years, imposed by Presidential Decree No. 818, applies only to swindling by means of issuing bouncing checks committed on or after October 22, 1985. That increased penalty does not apply to estafa committed on October 16, 1974 because it would make the decree an ex post facto law. Its retroactive application is prohibited by Articles 21 and 22 of the Revised Penal Code and Section 12, Article IV (now Sec. 22, Art. HI, of the 1987 Constitution). (People vs. Villaraza, 81 SCRA 95, 97) The second limitation requires that criminal laws must be of general application and must clearly define the acts and omissions punished as crimes. Constitutional rights of the accused. Article III, Bill of Rights, of the 1987 Constitution provides for the following rights:
CRIMINAL LAW IN GENERAL Constitutional Rights of the Accused 4 1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administra- tive bodies. (Sec. 16) 2. No person shall be held to answer for a criminal offense without due process of law. (Sec. 14[1]) 3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. (Sec. 13) 4. 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 speedy, impartial, and public trial, to meet the witnesses face to face, and to have 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. 14[2]) 5. No person shall be compelled to be a witness against himself. (Sec. 17) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (Sec. 12[1]) No torture, force, violence; threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado,