1. What is criminal law?

Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. (12 Cyc. 129) A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

2. What is a crime? A crime is an act committed or omitted in violation of a public law forbidding or commanding it. (I Bouviers Law Dictionary). Websters Law Dictionary also defined crime as a conduct that is prohibited and has a specific punishment. Whereas according to Blacks Law dictionary, siting the case of Wilkins Vs. U.S., a crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community In its social aggregate capacity, as distinguished from a civil injury.

3. What are special penal laws? Special penal laws are laws that define and penalize crimes not included in the Revised Penal Code, these crimes are of a nature different fromthose defined and punished in the code.

4. What is a felony or delitos? Article 3 of the RPC defines felonies as acts or omissions punishable by law.

Felonies are committed not only by means of deceit (dolo) but also by means of fault(culpa).

5. What are crimes mala prohibita? Crimes mala prohibita are acts or omissions which are wrong because they are prohibited. Violation of special penal laws are generally referred to as crimes mala proibita. No criminal intent is needed in order to find a person liable for crimes punished under Special Penal Laws. As long as the act is committed, then it is punishable as a crime under law. (Wikipedia.org)

6. What are crimes mala in se? Latin referring to an act that is "wrong in itself," in its very nature being illegal because it violates the natural, moral or public principles of a civilized society. In criminal law it is one of the collection of crimes which are traditional and not just created by statute, which are "malum prohibitum." Example: murder, rape, burglary and robbery are malum in se. These are offenses that are wrong or evil from their own nature irrespective of statute. (Websters Law Dictionary). The felonies under the Revised Penal Code are crimes classified as mala in se.

7. What are the elements of a felony? The following are the elements of a felony: a. That there must be an act or omission b. That the act or omission must be punishable by the Revised Penal Code c. That the act is performed or the omission incurred by means of dolo or culpa. (People vs. Gonzales, 183 SCRA 309)

8. Is dolo or culpa required in felonies punished by special laws? No, dolo or culpa is not needed in order to punish a person under special laws. What is merely required is that the offender voluntarily performs an act which is prohibited by special law.

9. Differences between mala in se and mala prohibita. Mala in se covers the crimes listed in the Revised Penal Code while mala prohibita covers those in special penal laws. In mala in se, criminal intent or negligence in the commission of the punishable act is considered, while in mala prohibita, it is enough that the prohibited act was voluntarily done. (Wikipedia.org)

10. What are the characteristics of penal statutes or the three cardinal features or principles of penal laws? The Following are the three characteristics of criminal law:

a. General, in that criminal law is binding on all persons who live or sojourn in Philippine territory. Exception: Article 2, RPC states that penal laws shall be enforced within the Philippine Archipelago, except as provided in the treaties and laws of preferential application. Article 14, Civil Code, provides that penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of Public International Law and to treaty stipulations.

b. Territorial, in that criminal laws undertake to punish crimes committed within Philippine territory. The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within its territory.

Exception: Article 2, RPC provides that its provisions shall be enforced outside of the jurisdiction of the Philippines against those who: 1. Should commit an offense while on Philippine ship or air ship. 2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by Philippine Government. 3. Should be liable for acts connected with the introduction into the Philippines of the Obligations and securities mentioned in the preceding number.

4. While being public officers or employees, should commit an offense in the exercise of their functions 5. Should commit any of the crimes against national security and law of nations, defined in title one of book two of this code.

c. Prospective, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Article 366 of the RPC, crimes are punished under the laws in force at the time of their commission. Exception: Whenever a new statute dealing with crime establishes conditions more lenient or favourable to the accused, it can be given a retroactive effect.

But this exception has no application: 1. Where the new law is expressly made inapplicable to pending actions or existing causes of action. Where the offender is a habitual criminal under Rule 5, Article 62, RPC.

11. What are the sources of Philippine Criminal Law? The following are sources of Criminal In the Philippines: a. The Revised Penal Code

b. Special penal laws passed by Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, The Congress of the Philippines, and the Batasang Pambansa c. Penal Presidential Decreesissued during Martial Law

12. What is the rationale of Penal Laws? Retribution Criminals ought to suffer in some way. This is the most widely seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be murdered himself. A related theory includes the idea of "righting the balance." Deterrence Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses. Incapacitation Designed simply to keep criminals away from society so that the public is protected from their misconduct. This is often achieved through prison sentences today. The death penalty or banishment have served the same purpose.

Rehabilitation Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong. Restitution This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any hurt inflicted on the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restitution is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, that is to say returning the victim to his original position.

13. What is the construction of Penal Laws? A penal law is strictly construed against the states and liberally in favor of the accused. There is a presumption that the accused is innocent until proven guilty. In case there is ambiguity of the law, the original text of that penal law will govern in case of conflict with the official translation.

14. Differences between the Revised Penal Code and Special Penal Laws. The following are the distinctions of RPC and Special Penal Laws: RPC Nature of the crime Name designated Penalties Mala in se Felonies with degrees and periods Special Penal Laws Mala Prohibita Offenses fixed range provided by the law itself

Stages of Crimes

Attempt, frustration, consummation

Consummation

Degree of Participation Defense of Good faith

Principal, accomplice, accessories Available

Principal Not available

15. What are offenses not subject to the provisions of the Penal Code? By virtue of the provision of the first part of Article 10 of the RPC, it was held that the attempted and frustrated stage of the execution of the offense penalized by a special law is not punishable, unless the special law provides a penalty therefor. Article 10 of the Revised Penal Code states that offenses which are or in the future maybe punished under special laws are not subject to the provision of this code. Plainly speaking, offenses defined and punished under special laws are not subject to the provisions of the revised penal code

16. What provisions of the RPC not applicable to the offense punished in special laws? Article 10 of the RPC states that offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. The first clause should be understood to mean only that the Penal Code is not intended to supersede special penal laws. The latter are controlling with regard to

offenses therein specially punished. Said clauses only restates the elemental rule of statutory construction that special legal provisions prevail over general ones.

17. What provisions of the RPC applicable to Special Penal Laws? Article 10 of the RPC states that offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. The second clause contains the soul of the article. The main idea and purpose of the article is embodied in the provision that the Code shall be supplementary to special laws, unless the latter should specially provide the contrary.

References:

Retrieved June 28, 2012 from

http://www.lawphil.net/statutes/acts/act_3815_1930.html

from http://en.wikipedia.org/wiki/Criminal_law

Merriam Websters Dictionary of Law

The Revised Penal Code, 13th Edition By J. Luis B. Reyes

Notes and Cases on Special Penal Laws by Leonor Boado

I Bouviers Law Dictionary

People vs. Gonzales, 183 SCRA 309

Wilkins Vs. U.S

12 Cyc. 129

Central Philippine University COLLEGE OF LAW Jaro, Iloilo City

A Requirement in CRIMINAL LAW 3

Submitted to: DEAN ZACHARIAS BEDONA, JR.

Submitted By:

MR.RAPH NHEY A. CABANTUD

MR. MARC LOVEL C. BEDONA

MR. CABUCHAN

MR. CLAVEL

JUNE 28, 2012