1. Based on what you have read, how would you construe penal laws? Elaborate.

Penal laws are simply defined as laws that prohibit certain acts and the corresponding
punishments. However, penal laws as a field of study, is a bit extensive.

In the study of criminal law in Chapters 1-13, I was able to find out what drives a person
to commit a crime. There are theories that explain these causes and these are the
Classical or Juristic Theory, the Positivist or Realistic Theory, the Eclectic or Mixed
Theory, and the Utilitarian or Protective Theory. The study also sought to explain where
and to whom a law is applicable, if it is retroactive or may no longer apply, what causes
a person to commit criminal or offensive acts, what the severity or gravity of his offense
is or how culpable he is in committing these offenses, as well as the basis in which he
will be prosecuted. The criminal law also covered the immunity of certain people in
authority from prosecution (e.g.: foreign diplomats) as well as special laws and where
they apply to.

These and more are what comprises the penal or criminal laws. Yes, criminal laws are
definitely a complex system and It will require a deeper study of every aspect of it to
fully grasp the definition of criminal offenses and the appropriate punishment for those
who commit it.

2. Explain the element of Mens Rea

Mens Rea is the establishment of whether or not the defendant intended to commit the
crime. It primarily focuses on the accused’s state of mind.

Let us cite an example. A man got accidentally killed by his friend who was cleaning his
gun. Clearly, the latter had no intention of killing his friend so we can say that there was
no harmful intent on his part. However, if the defendant intentionally shot his friend,
then it is clear that he intended to kill him.

The element of Mens Rea is highly essential in administering justice as it enables the
criminal justice system to distinguish someone who intentionally committed a crime to
that who did not.

3. What are the characteristics of criminal law? Define each in Filipino

Ang Criminal Law o Batas Kriminal sa ating Bansa ay mayroon tatlong katangian at ito
ang mga sumusunod:

a. General o Generality Principle: Saklaw nito ang lahat ng tao na permanente o

pansamantalang naninirahan o nagititigil sa bansa. Gayunman ay may mga indibidwal na
hindi nito nasasaklawan tulad ng mga pinuno ng ibang bansa, Charges D’ Affairs, mga
 Ambassador mga Minister Plenipotentiary at mga Ministers Resident dahil na rin sa
pinanghahawakan nilang diplomatic immunity.

b. Territorial: Ang katangian ng Criminal Law na kung saan parurusahan ang mga gumawa
ng krimen sa loob ng bansa. Kabilang dito ang lahat ng lupain o tubig na nasa loob ng
archipelago ng Pilipinas kabilang ang mga lugar na kung saan merong hurisdiksyon ang
ating bansa kagaya ng mga karagatan na nasa loob ng ating teritoryo,

c. Prospective: Ang Hindi maaaring parusahan ang isang gumawa ng krimen kung ito ay
isinagawa noong panahon na hindi pa naisasabatas ang anumang nalabag nito. Sa
madali’t sabi ay maaari lamang maparusahan ang isang krimen kung ito’y ginawa noong
naging epektibo ang isang batas. Gayunman ay maaari ring ipatupad ang retroactive
effect kung ang batas ay pumapabor sa akusado. Halimbawa na lamang nito ay
maaaring patawan ng parusa ang isang tao kung ang paglabag niya sa isang partikualr na
batas ay bago pa man ganap na naisabatas ito.

4. From page 1-13 of Criminal Law Memory Aid, choose one topic and explain why you
have chosen it.

The topic that really piqued my interest is the Mistake of Fact. I am particularly intrigued
as to how the person who is accused of a particular wrongdoing but whose actions are a
result of such would be able to establish his innocence. Case in point: Someone who
picks up and takes home what he thought was his smartphone but actually belongs to
his officemate. The burden of proof of no malicious intent falls on the accused and it is
up to him to prove that his defense falls under the so-called MNN or Mistake be honest
and reasonable, Matter of fact, and Negates Culpability. This, to me. is a deeply
intriguing topic.