CRIMINAL LAW

Book 1 – Pre Finals

Monday, November 22, 2021
INTRODUCTION TO REVISED PENAL CODE

SUBMITTED BY
Dumalos, Shane Niñ a Zozobrado B.S. CRIMINOLOGY 3
 DUMALOS, SHANE

ASSESSMENT TASK No. 1

MY WEEKLY STUDENT JOURNAL #1

FUNDAMENTALS OF CRIMINAL LAW BOOK 1

As what crime has been defined, it is an act or omission that violates any
public law. Crime has been also classified into several terms, such as
felony, offense, and infraction. These terms can be used depending if
what sources of criminal law which they violate.

There are two classifications of felony (delito). First is the Dolo or deceit,
and the other one is Culpa or fault. If the crime is considered as dolo, then
it is intentional, where the committer exerted his freewill to do the action,
he has the intelligence to distinguish what is right and wrong, and he has
the intention to harm the victim, or commit the crime. While culpa had the
same element of dolo such as freedom and intelligence, but it does not
have the intent. Yet, there is negligence and imprudence presented in
committing that certain crime or violation of the law.

Felonies, offenses, and infractions may differ in spelling, but their common
ground is that they are all considered as crimes. Crime committed might
be intentional or unintentional, still, we cannot deny the fact that someone
was damaged and violated. Moreover, it is the discretion of the court if the
said crime will have its criminal and/or civil liabilities, and if their good faith
and mistake of facts will be used as a defense for the accused.

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ASSESSMENT TASK No. 2

MY WEEKLY STUDENT JOURNAL #2

1. DISCUSS THE HISTORY OF THE ACT 3815, ALSO KNOWN AS

THE REVISED PENAL CODE.
 The basis of the legal code is primarily Spanish and Anglo-
American law. Islamic law applies among Muslims in
portions of the Southern Philippines.
 (SPAIN’S ROYAL DECREE OF 1870):
During the Spanish Colonization in the Philippines, the
Spanish government extended the effectivity of their
Codigo Penal in the jurisdiction of the Philippines.
 OLD PENAL CODE on July 14, 1876:
Took effect in the Philippines, which was put in place by
the Spanish authorities. The Old Penal Code’s
effectivity lasted until the American Colonization period
of the Philippines (December 31, 1931).
 REVISED PENAL CODE :
ADMINISTRATIVE ORDER 94 of the DOJ dated
October 8, 1927 (Judge Anacleto Diaz, Quintin
Paredes, Guillermo Guevarra, Alex Reyes, Mariano De
Joya)
The Revised Penal Code was approved on December
8, 1930. Revised Penal Code took effect on January 1,
1932.
 LATEST AMENDMENT:
R. A. 10592
- “Amendment Preventing Imprisonment and Partial
Extension of Criminal Liability”
- “An Act Amending Articles 97, 98, and 99 of Act
3815”

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2. DIFFERENTIATE THE FOLLOWING:

2.1 CRIME – The general term of an act or omission that is
punishable by the law.

2.2. FELONY (Delito) – A crime that is punishable under the

Revised Penal Code (ACT 3815). Examples of felonies are murder,
rape, burglary, and the sale of illegal drugs.

2.3 OFFENSE (Statutory Crimes) – A crime that is punishable

under Special Penal Laws. Examples include theft crimes like
burglary, robbery, and larceny

2.4 INFRACTION – A crime that violates city or municipal

ordinances . Examples of infractions include parking overtime,
speeding, and tailgating.

3. DISCUSS THE LIMITATIONS OF THE CONGRESS TO ENACT

PENAL LAWS.
Congress, as the legislative branch of the government, has been
vested with power and authority to enact laws. However, the laws
should not violate the Constitution of the Philippines.
The following are the limitations of the Congress to enact penal
laws, if it involves and violates:

3.1 EQUAL PROTECTION CLAUSE (Section 1 of the Bill of

Rights)
3.1.1 What is applicable to one, will be applicable to all.
3.1.2 All laws should be effective to all people living and
sojourning the Philippines, no matter if it is an alien, Filipino,

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or an artificial citizen. (General Characteristic of Criminal

Law)

3.2 DUE PROCESS CLAUSE (Procedural and Substantive

Due Process, Section 14 of the Bill of Rights)

3.3 NON IMPOSITION OF CRUEL AND UNUSUAL

PUNISHMENT, OR EXCESSIVE FINE (Section 19 of the Bill
of Rights)

3.4 BILL OF ATTAINDER (Section 22 of the Bill of Rights)

3.4.1 legislative branch inflicts direct punishment to the
accused without even having a proper judicial trial.
3.4.2 Criminal Procedure is a power vested to the judiciary
branch of the government only, therefore the legislative
branch cannot directly impose a punishment to the accused.

3.5 EX POST FACTO LAW (Section 22 of the Revised Penal

Code)
3.5.1 Suggests that any law should not have any retroactive
hh effects, unless if it favors the accused. (Article 21 of the
h Revised Penal Code)
3.5.2 The accused can have the luxury of Ex Post Facto Law
if bbb only the accused is not a habitual delinquent.
3.5.3 No Felony shall be punishable by any penalty
prescribed by law prior to commission. (Article 22 of the
Revised Penal Code)

Any law that will involve or violate any of those aforementioned

above will be deemed as UNCONSTITUTIONAL.

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