Requisites for criminal Jurisdiction (Before the
court can take cognizance of criminal cases)
A. Jurisdiction over the subject matter
B. Jurisdiction over the territory; and
C. Jurisdiction over the person
What is a corporation?
A corporation is an artificial being created by
operation of law, having the right of succession
and the powers, attributes and properties
expressly authorized by law or incident to its
existence (CC, Sec. 2).
May a corporation claim for moral damages?
GR: A corporation is not entitled to moral
damages because it has no feelings, no emotions,
no senses (ABS-CBN Broadcasting Corp. v. CA, G.R.
No. 128690 January 21, 1999).
XPNs:
1. The corporation may recover moral damages
under item 7 of Article 2219 of the New Civil
Code because said provision expressly authorizes
the recovery of moral damages in cases of libel,
slander, or any other form of defamation.
NOTE: Article 2219(7) does not qualify whether
the injured party is a natural or juridical person.
Therefore, a corporation, as a juridical person, can
validly complain for libel or any other form of
defamation and claim for moral damages
(Filipinas Broadcasting Network, Inc. v. AMEC-
BCCM, G.R. No. 141994, January 17, 2005).
2. When the corporation has a reputation that is
debased, resulting in its humiliation in the
business realm (MERALCO v. T.E.A.M. Electronics
Corp., et. al., G.R. No. 131723, December 13, 2007).
NOTE: While the court may allow the grant of
moral damages to corporation, it is not
automatically granted; there must still be proof of
the existence of the factual basis of the damage
and its causal relation to the defendant’s acts.
Moral damages is designed to compensate the
claimant for actual injury suffered and not to
impose a penalty on the wrongdoer (Crystal vs.
BPI, G.R. No. 172428, November 28, 2008)
What is a bail of Attainder?
Bill of Attainder- a legislative act that inflicts
punishment without trial, its essence being the
substitution of legislative fiat for a judicial
determination of guilt.
Art. III, Sec. 22, 1987 Const. No ex post facto law or
bill of attainder shall be enacted.
What is Political Law?
Political Law
Branch of public law that deals with the
organization and operations of the governmental
organs of the State and defines its relations with
the inhabitants of the territory.
(People v. Perfecto, G.R. No. L-18463, Oct. 4, 1922)
Implementation of remedial laws in our
system of government (2006 Bar)
They are implemented through the judicial system,
including the prosecutory service of courts and
quasi-judicial agencies.
What are the limitations on the Power of the
Congress to enact Penal Laws?
EQUAL PROTECTION
Art. III, Sec. 1, 1987 Const. No person shall be
deprived of life, liberty, or property without due
process of law, nor shall any person be denied the
equal protection of the laws.
DUE PROCESS
Art. III, Sec. 14 (1), 1987 Const. No person shall be
held to answer for a criminal offense without due
process of law.
NON-IMPOSITION OF CRUEL AND
UNUSUAL PUNISHMENT OR EXCESSIVE
FINES
Art III, Sec. 19, 1987 Const. Excessive fines shall not
be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
Act Prohibiting the Imposition of Death Penalty
in the Philippines (RA 9346)
Repealed the law imposing lethal injection (R.A.
8177) and the law imposing the death penalty (R.A.
7659) (Sec. 1) This Act also imposes the punishment
of reclusion perpetua for offenses under any act using
the nomenclature of the RPC (Sec. 2 (a)) and the
punishment of life imprisonment for offenses under
any act which does not use the nomenclature of the
RPC (Sec. 2(b))
BILL OF ATTAINDER
Art. III, Sec. 22, 1987 Const. No ex post facto law or
bill of attainder shall be enacted.
OTHER CONSTITUTIONAL LIMITATIONS
(a) Must not provide imprisonment for non-payment
of debts or poll tax. [1987 Const. Art. III, Sec. 19 (1)]
(b) Must not restrict other constitutional freedoms,
e.g. due process, religion, free speech, and
assembly.
What are the Kinds of Constitution?
Written- Precepts are embodied in one document
or set of documents.
Unwritten- Consists of rule, which have not been
integrated into a single, concrete for but are
scattered in various sources.
Enacted (conventional) Formally struck off at a
definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
Evolved (cumulative)- Result of political
evolution, not inaugurated at any specific time but
changing by accretion rather than by any
systematic method.
Rigid- Can be amended only by a formal and
usually difficult process.
Flexible- Can be changed by ordinary legislation.
The Philippine Constitution is written,
enacted, and rigid.
What is Criminal Procedure?
Criminal Procedure treats of the series of processes
by which the criminal laws are enforced and by
which the State prosecutes persons who violate the
penal laws. It regulates the steps by which one who
committed a crime is to be punished.
Lays down the procedure by which an offender is
made to answer for violation of the criminal laws.
What is Criminal Law?
Define crimes and prescribe punishment for such
crimes.
What are the modes of committing Treason?
MODE 1: Levying War Against the government
Elements:
(1) The offender is a Filipino or resident alien
(2) There is a war in which the Philippines is
involved
(3) The offender levies war against the government
MODE 2: Adherence to the Enemy and Giving of
Aid or Comfort
Elements:
(1) The offender is a Filipino or resident alien
(2) There is a war in which the Philippines is
involved
(3) That the offender adheres to the enemies, giving
them aid or comfort
What are the Elements of Treason? (Art. 114)
1. Offender owes allegiance to the government
and is not a foreigner
2. He has knowledge of conspiracy to commit
treason against the government
3. He conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province in which he
resides, or the mayor or fiscal of the city in
which he resides.
What are the Elements of Murder? (Art. 248)
(1) Person was killed;
(2) Accused killed him;
(3) Killing attended by any of the following
qualifying circumstances – (EPIC2 SW2AT)
(a) with treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons
to insure or afford impunity;
(b) in consideration of a price, reward or promise;
(c) by means of inundation, fire, poison explosion,
shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by means of
motor vehicles, or with the use of any other means
involving great waste and ruin;
(d) on occasion of any of the calamities enumerated
in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic,
or any other public calamity;
(e) with evident premeditation;
(f) with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.
(4) The killing is not parricide or infanticide.
What are the elements of Intentional Abortion?
Elements:
(1) There is a pregnant woman;
(2) Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon
such pregnant woman;
(3) As a result of the use of violence or drugs or
beverages upon her, or any other act of the accused,
the fetus dies, either in the womb or after having
been expelled therefrom;
(4) The abortion is intended.