CRIMINAL LAW.docx - CRIMINAL LAW Definition is that branch or division of law which defines crimes treats of their nature and provides for their

CRIMINAL LAW.docx - CRIMINAL LAW Definition is that branch...

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CRIMINAL LAW Definition : is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Crime: is an act committed of omitted in violation of a public law forbidding or commanding it. SOURCES OF PH CRIMLAW 1. RPC & amendments 2. Special Penal Laws 3. Penal Presidential Decrees NO COMMON LAW IN PHILIPPINES. *Court decisions are not sources for criminal law because they are there to merely explain the meaning of and apply the law enacted by the legislative branch of the government. Characteristics of CRIM LAW 1. GENERAL : Criminal law is binding on all persons who live or sojourn in Philippine territory. (art 14, NCC) 2. TERRITORIAL : Criminal laws undertake to punish crimes committed within the Philippines territory. - Note: the principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within it territory. 3. PROSPECTIVE : A penal law cannot make an act punishable in a way it was not punishable when committed. Article 1. – Date of Effectiveness. This Code shall take effect on the first day of January nineteen hundred, and thirty- two. Article 2. – Application of it’s provisions Expected 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 on the preceding number; 4. While being public officers or employees, should commit an
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offense inn 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. *Note: Provisions of the RPC shall be enforced not only within the Philippine Archipelago, but also outside of its jurisdiction in certain cases . Article 3. – Definition Acts and omissions punishable by law are felonies ( delitos) . - intent Felonies are committed not only by means of deceit (dolo) but also by mean of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. 2 CLASSIFICATIONS OF FELONIES 1. Felonies by fault (culpa) 2. Felonies by intent (dolo) Definition, FELONIES: are acts and omissions punishable by the RPC. Elements of Felonies; 1. There must be an act or omission; 2. Act or omission must be punishable by the RPC, &; 3. The act performed or omission incurred by means of dolo or culpa .
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  • Fall '16
  • Dimphna Dulay
  • criminal law

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