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RPC When Act Takes Effect February 1, 1932


ART.1

Criminal law is that branch or division of municipal law which
   - defines crimes,
   - treats of their nature and
   - provides for their punishment.

Characteristics of Criminal Law:
1. General – binding on all persons who reside or sojourn in
   the Philippines
   
      Exceptions:
      a. Treaty Stipulation
      b. Laws of Preferential Application
      c. Principles of Public International Law

      Example
     (1). sovereigns and other chiefs of state
     (2). Ambassadors, ministers plenipotentiary, minister resident
          and charges d’affaires (BUT consuls, vice-consuls and
          other foreign commercial representatives CANNOT claim the
          privileges and immunities accorded to ambassadors and
          ministers.)

2. Territorial – penal laws of the Philippines are enforceable
   only within its territory

      Exceptions: (Art. 2 of RPC – binding even on crimes
                  committed outside the Philippines)

      a. offense committed while on a Philippine ship or airship
      b. forging or counterfeiting any coin or
         currency note of the Philippines or obligations and the
         securities issued by the Government
      c. introduction into the country of the above-mentioned
         obligations and securities
      d. while being public officers and employees, an offense
         committed in the exercise of their functions
      e. crimes against national security and the law of the
         nations defined in Title One of Book Two

3. Prospective – the law does not have any retroactive effect.

      Exception: when the law is favorable to the accused

      Exceptions to the Exception:
      a. The new law is expressly made inapplicable to pending
         actions or existing causes of action
      b. Offender is a habitual criminal


Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to choose between
   good and evil, that is why more stress is placed upon the
   result of the felonious act than upon the criminal himself.
   The purpose of penalty is retribution. The RPC is generally
   governed by this theory.

2. Positivist Theory – basis is the sum of social and economic
   phenomena which conditions man to do wrong in spite of or
   contrary to his volition. This is exemplified in the provisions
   on impossible crimes and habitual delinquency.

3. Mixed Theory – combination of the classical and positivist
   theories wherein crimes that are economic and social in nature
   should be dealt in a positive manner. The law is thus
   more compassionate.

Construction of Penal Laws:
1. Liberally construed in favor of offender

      Ex:
      a. the offender must clearly fall within the terms of the law
      b. an act is criminal only when made so by the statute

2. In cases of conflict with official translation, original
   Spanish text is controlling,

3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS
1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual punishments nor excessive fines

R.A. No. 75 -  penalizes acts which would impair the proper
observance by the Republic and inhabitants of the Philippines of
the immunities, rights, and privileges of duly accredited
foreign diplomatic representatives in the Philippines










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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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