WHAT TO STUDY FOR CRIMINAL LAW I ◦
What is Criminal Law? Criminal law is that branch of law which defines crimes, treats of their ▪ nature, and provides for their penalties Remember DTP – Defines crimes, Treats of their nature, and Provides for ▪ their penalties It is substantive law; it is substantive because it defines the right of the ▪ state to inflict punishment and the liability of the offenders, it is public because it deals with the relation of the individual with the state.
◦
What is a Crime? A crime is an act or omission in violation of a law forbidding it, or ▪ commanding it.
◦
What are the sources of Philippine criminal law? Where does the State get its authority to punish crimes? ▪ The State derives such authority as an inherent attribute of its ▪ sovereignty, and from police power What are the limitations on the power to enact penal legislation? ▪ Remember ReSPeL – Revised Penal Code (RPC), Special Penal ▪ Laws, Penal Provisions in other Laws, and Local Ordinances RPC provisions ▪ Special Penal Laws ▪ Penal Provisions in other laws ▪ Local Ordinances ▪
◦
What does Nullum crimen, nulla poena sine lege mean? There is no crime where there is no law punishing it. ▪
◦
What are the Characteristics of Criminal Law? Remember GTP – General, Territorial, Prospective ▪ GTP Principles, or Principles of; ▪ Generality – Means that Philippine Criminal Law applies to all who ▪ live or sojourn in the Philippines Territoriality – Acts or omissions done within Philippine territory are ▪ punishable by Philippine Criminal Law ▪
Exceptions (CAPON) Counterfeiting of Philippine currency or coins or introduction ▪ thereof into the country, Acts related to such counterfeiting or introduction of counterfeit ▪ Philippine currency or coins, Philippine Ships, Airships, Vessels registered in and with the ▪ Philippines,
| UP SIGMA RHO FRATERNITY
24
