Criminal Law A branch of municipal law which defines crimes, treats of their

nature and provides for their punishment.

Limitations on the power of Congress to enact penal laws (ON)

1.

Must be general in application.

2.

Must not partake of the nature of an ex post facto law.

3.

Must not partake of the nature of a bill of attainder.

4.

Must not impose cruel and unusual punishment or excessive fines.

Characteristics of Criminal Law:

1. General the law is binding to all persons who reside in the Philippines
2. Territorial the law is binding to all crimes committed within the National
Territory of the Philippines
Exception to Territorial Application: Instances enumerated under Article 2.
3. Prospective the law does not have any retroactive effect.
Exception to Prospective Application: when new statute is favorable to the
accused.

Effect of repeal of penal law to liability of offender

Total or absolute, or partial or relative repeal. -- As to the effect of repeal of

penal law to the liability of offender, qualify your answer by saying whether the
repeal is absolute or total or whether the repeal is partial or relative only.

A repeal is absolute or total when the crime punished under the repealed law
has been decriminalized by the repeal. Because of the repeal, the act or omission
which used to be a crime is no longer a crime. An example is Republic Act No. 7363,
which decriminalized subversion.

A repeal is partial or relative when the crime punished under the repealed law
continues to be a crime inspite of the repeal. This means that the repeal merely
modified the conditions affecting the crime under the repealed law.
The
modification may be prejudicial or beneficial to the offender. Hence, the following
rule:

Consequences if repeal of penal law is total or absolute

(1)

If a case is pending in court involving the violation of the repealed law, the
same shall be dismissed, even though the accused may be a habitual
delinquent.

(2)

If a case is already decided and the accused is already serving sentence by

final judgment, if the convict is not a habitual delinquent, then he will be
entitled to a release unless there is a reservation clause in the penal law that
it will not apply to those serving sentence at the time of the repeal. But if
there is no reservation, those who are not habitual delinquents even if they
are already serving their sentence will receive the benefit of the repealing
law. They are entitled to release.

If they are not discharged from confinement, a petition for habeas corpus
should be filed to test the legality of their continued confinement in jail.

If the convict, on the other hand, is a habitual delinquent, he will continue

serving the sentence in spite of the fact that the law under which he was
convicted has already been absolutely repealed. This is so because penal
laws should be given retroactive application to favor only those who are not
habitual delinquents.

Consequences if repeal of penal law is partial or relative

(1)

If a case is pending in court involving the violation of the repealed law, and
the repealing law is more favorable to the accused, it shall be the one applied

to him. So whether he is a habitual delinquent or not, if the case is still

pending in court, the repealing law will be the one to apply unless there is a
saving clause in the repealing law that it shall not apply to pending causes of
action.

(2)

If a case is already decided and the accused is already serving sentence by

final judgment, even if the repealing law is partial or relative, the crime still
remains to be a crime. Those who are not habitual delinquents will benefit on
the effect of that repeal, so that if the repeal is more lenient to them, it will
be the repealing law that will henceforth apply to them.

Under Article 22, even if the offender is already convicted and serving
sentence, a law which is beneficial shall be applied to him unless he is a
habitual delinquent in accordance with Rule 5 of Article 62.

Consequences if repeal of penal law is express or implied

(1)

If a penal law is impliedly repealed, the subsequent repeal of the repealing

law will revive the original law. So the act or omission which was punished as
a crime under the original law will be revived and the same shall again be
crimes although during the implied repeal they may not be punishable.

(2)

If the repeal is express, the repeal of the repealing law will not revive the first
law, so the act or omission will no longer be penalized.

These effects of repeal do not apply to self-repealing laws or those which have
automatic termination. An example is the Rent Control Law which is revived by
Congress every two years.

Theories of Criminal Law

1. Classical Theory 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.

2. Positivist Theory Man is subdued occasionally by a strange and morbid

phenomenon which conditions him to do wrong in spite of or contrary to his
volition.
Eclectic or Mixed Philosophy

This combines both positivist and classical thinking. Crimes that are economic and
social and nature should be dealt with in a positivist manner; thus, the law is more
compassionate. Heinous crimes should be dealt with in a classical manner; thus, ca