CHAPTER 2 Criminal Law

• Duration of penalties refers to the period of length of time provided by Article 25 of the RPC.
• Nullum crimen nulla poena sine lege- means there's no crime when there's no punishing the act.
• Criminal Law is a branch of public law which defines crimes, treats of their nature and provides for their punishment.
• The sources of the Philippine criminal law are the Revised Penal Code or RPC.
• Criminal law is also referred to as Penal Law.
• The early codes include the Code of Hammurabi, the Hittites, Code of Drakon, Laws of Solon, and Rome's Twelve Tables.
• Code of Hammurabi was carved in stone and is known for the principle "an eye for an eye, a tooth for a tooth".
• The Hittites used death as punishment for many offenses.
• Code of Drakon is known for its simple offenses leading to severe penalties.
• Laws of Solon applied equally to all citizens and the punishment had to maintain proportionality to the crimes.
• Rome's Twelve Tables laws would continue to evolve in order to adapt to the changing times and meet the demands of society.
• Principle in criminal law is a fundamental truth that serves as the foundation for a system of belief or reasoning.
• Presumption of innocence in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved.
• Burden of proof in criminal law is the prosecution must prove that the accused is guilty beyond reasonable doubt.
• Proof beyond reasonable doubt in criminal law is the quantum or degree of highest degree of proof because of the serious consequences the conviction of crime series.
• Act No 3815 known as THE REVISED PENAL CODE or RPC.
• Book 1 of RPC contains; basic principles affecting criminal liability (Article 1-20) and the provision on penalties (Article 21-113).
• Book 2 of RPC contains; the felonies with the corresponding penalties under Article 114-365.
• Characteristics of criminal law include generality, territoriality, prospectivity, specificity, specific and definite, uniform in application, and must have a penal sanction or punishment.
• Generality in criminal law means it must be applied equally to all persons within the territory regardless of sex, race, nationality, etc.
• Territoriality in criminal law means each independent country has the right to promulgate laws within its territory; all the islands that comprise the Philippines.
• Prospectivity in criminal law means no person may be punished for his act when at the time he committed the act, it's still not yet punishable by law.
• Specificity in criminal law means it must give a strict definition of a specific act which constitutes an offense.
• The elements of intentional felonies are: Freedom or voluntariness, Intelligence, and Intent.
• Consummated- all the elements necessary for its execution and accomplishment are present
• Freedom or voluntariness- the person acted on his own accord, without irresistible force or uncontrollable fear.
• Frustrated- the offender performed all the acts but which nevertheless do not produce it, by reason of causes independent of the will of perpetrator
• Intelligence- has the ability to determine what is right and wrong and appreciate the consequences of his act.
• Intent- the person knowingly and purposely committed the crime to obtain the desired result
• Exempting circumstances- those people exemption from punishment, like minority
• Civil liability- refers to the obligation to pay damages is paid to the offended party
• The elements of culpable felonies are: Imprudence, Negligence, Lack of foresight, and Lack of skill.
• Culpable felonies- it was caused by the offender unintentionally, simply by incident.
• Fine- imposed conjunction it is paid to the state or government
• Lack of foresight- due to the person's inability to predict the obvious possible outcome of his action
• Aggravating circumstances- serve to increase the penalty without exceeding the maximum of the penalty provided by law for thr offense
• Imprudence- in action failure to take the necessary precaution to prevent the danger due to carelessness
• Felonies committed by means of culpa or fault- Culpable Felonies.
• Attempted- does not perform all the acts of execution which should produce the felony by reason, accident or his own spontaneous desistance
• Penalties- refers to punishment imposed by a lawful authority