SEPTEMBER 07, 2022

Valentin Leaño Pascua

Prospective- never look backwards

2 quizzes before midter and 2 before finals- passing 75%

Class standing- 50% (quizzes 45% + recit 50% + case digest 5%)

Midterm exam- MG= [(CSx2)+ME]/3

Final exam- FG= [(FEx2)+CS]/3]+MG/3]

Recitation- everyday graded (Socratic Method) – 3x to be called

Case Digest:

I. Title of the Case including the citations (General Report No.) or SCRA and date
II. Facts of the case- summarizing
III. Held

Inmates of the New Bilibid Prison vs. Secretary Leila M. De Lima, GR No. 212719, 25 June 2019

FACTS

ISSUES: Whether or not R.A 10592 is a penal law

RULING/ HELD/ DECISION: *Should answer the issue*

Ponente- the one who write the decision

Per Curiam- no ponente

Concurring opinion

Dissenting opinion- don’t include in your argument

Division of the Supreme court: voting of the Judges

En Banc- final and executory

HIERARCHY OF COURT

1ST LEVEL COURT- they are MTC- Municipal Trial Court- they are provinces; MTCC- Municipal Trial Court
in Cities; Metropolitan Trial Court in the City: 6 years and below imprisonment

2ND LEVEL COURT- they are RTC- Regional Trial Court

3RD LEVEL COURT- they are CA- Court of Appeals

4TH LEVEL COURT- they are the SC- Supreme Court: final interpretation of the law

Court of special: Sandigan bayan, Muslim Court; quasi- judicial: COMELEC

WHEN IT INVOLVES CRIMINAL CASE: Venue is jurisdictional; consider the place of the crime committed.
Apply Principle of Territoriality

Characteristics of Penal law:

1. Generality
2. Territoriality
3. Prospectivity
4. Legality

HOW TO ANSWER IN RECIT? -> DIRECT TO THE POINT

Answer (Affirmative or negative)

Legal basis (as the law says; the law is favorable; as the law provided)

Argument- can be combined with legal basis

Conclusion- should not contradict to your answer

Use 1st person – I…

Avoid abbreviations!!!

During recit: closed book

Handwritten notes: you can glance/ read

Start memorizing Article 2 to 14

Book 1: General principles. Definition of terms

Book 2: Classification of corresponding penalties

Constitutional and Statutory are not the same

Constitutional cannot be waived

Limitations of congress of enactment of laws:

3 departments in Government:

1. Legislative- define the law

2. Executive- enforced the law
3. Judicial- enact the law

3 inherent power:

1. Police power- vested to legislatures. Siya ang gagawa ng batas. Congress: in national level;
Autonomous region: assembly; Municipal: Sanggunian; Barangay: punong-barangay
2. Power of Eminent domain
3. Power of taxation- most potent power. Without this, State cannot exist. Lifeblood theory of
taxation. They finance the State because of taxes.
Contempt: failure to comply

Immunity from search

Parliamentary immunity: limited to offenses wherein should not exist 6 yrs.

Ping Lacson, charged of murder (Kuratong Baleleng case). Reclusion perpetua. Umalis ng bansa then
bumalik nong na revise yung rules.

Incase of conflict between RPC and Constitution; Constitution must prevail. It is the fundamental law of
the land.

E.O of Governor: is not a penal law because it is only a regulation. The Sanggunian must promulgate the
law like Provincial Ordinances: penalize

Revolutionary government: Chief Executive Order not enactment of Congress (Cory Aquino
administration)

Ordinance:

Special law- violation of special law

Spanish Penalty: has limitation period (minimum/ maximum) reclusion perpetua; arresto mayor- 30 days
to 6 months

English Penalty: fixed period

Article 10

Violation of special law: use special penal system. Do not apply the provision of RPC- ONLY APPLICABLE
TO RPC. Exception: 1. when the special penal law expressly provides for its application; 2. When the
special law adopted the technical naturalities under RPC

Dangerous Drugs Act

Penalty system is American penalty system.

Minor offender: penalty of life imprisonment but can be converted

Minor using drugs: Rehabilitation penalty- no equivalent rehabilitation under Spanish

Life imprisonment- no duration/ period. Imposed by special penal law

Reclusion perpertua: has a period; 30 years up to 1 day; under the Spanish penalty system/ imposed by
RPC

Marivic case… Battered syndrome effect.

ASSIGNMENT: Amendatory of R.A 10951

Tito’s contention is correct. EO is not considered by Penal Law. General rule: The power to enact penal
law is the legislative government, e president. EO was issued by Governor