LAGUTAO, CAROLYNE R.

BSC1-16 June 21,2021

1. What are the requisites of a newly passed law to take effect?

A newly passed law will take effect fifteen days following its completion of
publication in the Official Gazette or in a newspaper of general circulation in the
Philippines. This is based on Executive Order No. 200 June 18, 1987.

2. How can a victim institute a criminal action?

A complainant can institute a criminal action by filing the complaint or information

directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or with
the office of the prosecutor. In Manila and other chartered cities, the complaint
shall be filed with the office of the prosecutor unless otherwise provided in their
charters. The complaint can also be filed with the proper officer for the purpose of
conducting the requisite preliminary investigation.

3. What is the difference between mala in se and mala prohibitum crime?

Mala in se are criminal acts that violate the moral, public, or natural principles of
a society. Examples of these are murder, rape, robbery, and burglary. In
contrast, mala prohibitum are criminal acts that are less severe because they
violate a statute or law rather than being an action that harms or offends society.
For example, a parking violation, tax fraud, and copyright violation,

4. Explain the general rule, the exception, and the exception to the exception, under
the principle, PROSPECTIVITY.

The general rule in prospectivity means that an act can be punished only if it
was committed after its effectivity. If an act was committed before its effectivity, it
cannot be punished. The retroactive effect also cannot be applied.

The following are the exceptions to the general rule.

1. If the laws themselves provide for their retroactivity (Art. 4 Civil

Code).

2. If the laws are remedial in nature.

3. If the statute is penal in nature, provided:

a. It is favorable to the accused or convict.

b. The accused or convict is not a habitual delinquent as

defined in Art. 22 of the Revised Penal Code.
 4. If the laws are of an emergency nature and are authorized
by the police power of the government. (Santos vs. Alvarez 44
O.G. 4259)

5. If the law is curative (necessarily retroactive for the precise

purpose to cure errors or irregularities). This kind of law to be
valid must not impair vested rights nor affect final judgments.
(Frivaldo vs. Comelec and Lee G.R. 120295, June 28, 1996)

b. What is the exception to the exception to the general rule?

An exception to the exception to the general rule is when new

statute is favorable to the accused. This is also called irretrospectivity
wherein acts or omissions will only be subject to a penal law if they are
committed after a penal law had already taken effect.

5. What is the essence of bail?

When a person is arrested, they are not convicted of a crime. Instead, they will
stand trial for what they are being accused of. Therefore, it is not right to hold an
innocent person in prison for an extended period of time without a conviction.
This is where bail comes into play along with the mantra “innocent until proven
guilty”. Of course, this will depend on the severity of the offense as some are
deemed “non-bailable”.

6. Kinds of bail (explain)

(a)Corporate bond — a bail that is provided by any domestic or foreign

corporation which is licensed as a surety in accordance with law.
(b)Property bond — an undertaking constituted as a lien on the real property
given as security for the amount of the bond.
(c)Recognizance — an obligation of record entered into by the responsible
members of the community before some court or magistrate with the condition to
do some particular act, among these are to assure the appearance of the
accused for trial.
(d)Cash deposit — the money deposited by the accused or any person acting on
his behalf, with the nearest collector of internal revenue, or provincial, city or
municipal treasurer. It may be applied to the payment of any fees and costs, and
the excess, if any, shall be returned to the accused or to whoever made the
deposit.

7. May a person accused of a capital offense post bail? Explain:

No. Capital offense or an offense punishable by reclusion perpetua or life
imprisonment, is not bailable. No person charged with a capital offense or an
offense punishable by reclusion perpetua or life imprisonment, when evidence of
guilt is strong, shall be admitted to bail regardless of the stage of the criminal
prosecution.