CRIM LAW 1 CRIMINAL LAW: Branch or division of the law that defines crimes, treats of their nature and

provides for their punishment CRIME: Is an act committed or omitted in violation of a public law forbidding or commanding it. SOURCES OF PHIL. CRIM LAW RPC (RA 3815) Spec. Penal laws passed by Phil. Ass., Phil. Leg., Phil. Comm., Natl. Ass., Phil. Cong., BP Penal PDs during martial law NO COMMON LAW CRIMES IN THE PHIL. Common law crimes body of principles, usages and rules of action, which do not rest for their authority upon any express and positive declaration of the will of the legislature POWER TO DEFINE AND PUNISH CRIMES POLICE POWER: define and punish crimes and to law down the rules of criminal procedure RIGHT OF PROSECUTION AND PUNISHMENT: attribute that belongs to the sovereign power charges by the common will of the members of the society, the individual and social rights and the liberties of every citizen and the guaranty of the exercise of his rights LIMITATIONS TO ENACT PENAL LEGISLATION Limitations accdg to the Bill of rights of the 1987 Consti No ex post facto law or bill of attainder shall be enacted o bill of attainder- legislative act that gives punishment without trial; its essence is the substitution of a legislative act for a judicial determination of guilt. First limitation: prohibits the passage of limitation prohibits the passage of retroactive laws which are prescribed to the accused. Ex Post Facto Law: makes a criminal an act done before the passage of the law, and is innocent when done aggravates a crime changes punishment and gives greater punishment alters the legal rules of evidence and authorizes conviction upon less or diff. testimony than the law required assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something lawful deprives a person accused of a crime some lawful protection to which he has become entitled Second limitation: crim laws must be of general application and must clearly define the acts and omissions punished as crimes