Reviewr CRIM LAW MAMBURAM.pdf - The Fraternal Order of St Thomas More ARTICLE 1 Effectivity date 1 January 1932 – Approved December 8 1930 v Adherence

Reviewr CRIM LAW MAMBURAM.pdf - The Fraternal Order of St...

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The Fraternal Order of St. Thomas More Criminal Law 1 (2012-2013) Atty. Rene Rizza Bernardo-Mamburam Transcribed by: Chariz Krezel C. Faustino and Dolly Jane Ranises Page 1 of 61 1 TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MUTAU MU TAU MU The Revised Penal Code (RPC) (Act. No. 3815, as amended) AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS BOOK 1 ARTICLE 1 Effectivity date. 1 January 1932 – Approved: December 8, 1930 v Adherence to the principle of NULLUM CRIMEN NULLA POENA SINE LEGE (THERE IS NO CRIME WHEN THERE IS NO LAW PUNISHING IT.) Common Law crimes (crimes are punishable even if there is no law punishing it) are punishable. Police Power – one of the inherent powers of the state to regulate freedoms and property rights of individuals for the protection of public safety, health and moral or the promotion of public convenience and general prosperity; Criminalization of a wrongful act is legislative in character subject to the following limitations : a.) Article III Section 22 which provides “No ex post facto law or bill of attainder shall be enacted.” Ex post facto law – a law that punishes an act which was not punishable at the time it was committed; Bill of Attainder – a legislative act that inflicts punishment without judicial trial. b.) Article III Section 19 which provides: “No law that provides for cruel and unusual punishment shall be passed;” c.) Article III Section 14 [1] – Due Process of law – “No person shall be deprived of life, liberty or property without due process of law.” - - simply means basic fairness and adequate justice; a law that hears before it condemns, proceeds upon inquiry and renders judgment only after trial. Theories underlying the RPC 1. Classical/Traditional – man is essentially a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself. Presupposes that man knows how to distinguish right from wrong. Emphasis: act committed not on the doer Adhered to by the Phil. RPC 2. Positivist – man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his violation. Emphasis: the actor rather than the act 3. Eclectic or Mixed – combination of the positivist and classical theories wherein crimes that have economic and social causes should be dealt with modicum of compassion. 4. Utilitarian – also known as the Protective Theory; the primary purpose of punishment is the protection of society from actual and potential wrongdoers. CRIMINAL LAW – that branch of law which defines crimes, treats of their nature and provides for their punishment.
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  • Atty. Judy Rapista Tan
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