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CRIMINAL LAW REVIEWERQUIZ 2

III. IRRETROSPECTIVITY ORPROSPECTIVITY

ART. 4, NEW CIVIL CODE Lawsshall have no retroactive efect, unlessthe contrary is provided.

ART. 22, RPC This characteristicprovides that the law does not haveany retroactive efect, expect i itavors the ofender, unless he is ahabitual delinquent. This rule alsoapplies to ad!inistrative rulin"s andcirculars, ABS CBN VS COURT OFTAX APPEALS 108 SCRA 142#

ART. 3, RPC$ithout pre%udice tothe provisions contained in &'T. (( othis )ode, elonies and !isde!eanors,co!!itted prior to the date o

efectivity o this )ode shall bepunished in accordance with the )odeor &ct in orce at the ti!e o theirco!!ission. !Lex prospicit, nonrespicit

EXCEPTIONS" $henever a newstatute dealin" with the cri!eestablishes conditions !ore lenient oravorable to the accused, it can be"iven a retroactive efect. '*&+- inenactin" a subsequent penal law !oreavorable to the accused, it is

reco"ni/ed that the "reater severity othe or!er law is un%ust. The soverei"nwould be inconsistent i it would stillenorce its ri"ht under conditions othe or!er law, which has alreadybeen re"arded by conscientious publicopinion as %uridically burdenso!e.#o *0)*T2- T T3* *0)*T2-

1. The new law is expressly!ade inapplicable to pendin"actions or existin" causes oaction.

(. $here the ofender is ahabitual delinquent. ART.#, PAR $#%, RPC &habitual delinquent is onewho, within a period o 14years ro! the date o his lastconviction or last release oany o the ollowin" cri!esrobbery robo#, thet hurto#,estaa, alsi5cation, serious orless serious physical in%uries,is ound "uilty o any o the

said cri!es a third ti!e orotener.#

REPEAL&'()* + R--/

1. ABSOLUTE OR TOTAL REPEAL cri!e punished under the repealedold# law has been decri!inali/ed bythe sa!e.

CONSEQUENCES"

i. )ases still pendin" in courtand involvin" a violation othe repealed law DISMISSED, even thou"hthe accused !ay be ahabitual delinquent. This is sobecause all persons accusedo a cri!e are presu!edinnocent until they areconvicted by 5nal %ud"!ent.

ii. )ases already decided, andthose already servin" by 5nal

%ud"!ent i the convict is(+ / /'/ )-'(5-(,he will be -('-) + /6--/*- UNLESS there is a6-*-67/'+( /*- in thepenal law that it will notapply to those servin"sentence at the ti!e o therepeal.2 there is (+ 6-*-67/'+(,those who are not habitualdelinquents, even i they arealready servin" theirsentence, 9' 6--'7- --(-: + - 6--/'(;/9. T-< /6- -('-) +- 6--/*-).

EXAMPLE"

6acts The accused was prosecuted or andconvicted o a violation o an ordinance.$hile the case was pendin" appeal, theordinance was repealed by eli!inatin" thesection under which the accused wasbein" prosecuted.

'ulin" The repeal is absolute. $here therepeal is absolute, and not a reenactmentor repeal by implication, the ofenseceases to be cri!inal. The accused !ustbe acquitted.

7ut i the repeal o a penal law by its

reenact!ent, even without a savin"clause, would not destroy cri!inal liability.

(. &'T2&L ' '*L&T28* '**&L thecri!e punished under the repealedold# law continues to be a cri!e inspite o the repeal. The repeal !erely!odi5es the conditions afectin" thecri!e under the repealed law.

CONSEQUENCES"i. PENDIN= CASES"2 it is

>+6- /7+6/- it shallbe applied to hi!,whether he is a habitualdelinquent or not,UNLESSthere is a savin"clause in the repealin"law that it shall not applyto pendin" causes oaction.

ii. ALREADY SERVIN=SENTENCE IN ?AIL" the

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cri!e still exists. Thosewho are not habitualdelinquents will bene5tro! the efect o thatrepeal 9: i the repealin"law is !ore lenient, it willbe !ade to apply untothe!.

;. EXPRESS REPEAL @ a subsequentnew# law contains a provision thatsuch law repeals an earlier enact!ent.

The act will no lon"er be penali/ed. 2the repeal is express, the repeal o therepealin" law will not revive the 5rstlaw. 7 repeals &, ) repeals 7, & is notrevived. The act or o!ission is nolon"er penali/ed.#

-/(* + )--' $)++% /*+ < >-/(* + / $/%.

CLASSICAL POSITIVIST MIXEDECLECTICThe basis o cri!inal liability is

3u!an ree will. There is scant

re"ard to the hu!an ele!ent.

The basis o cri!inal liability is the

inFuence o the environ!ent to do wron".

?an is subdued by a stran"e and !orbid

pheno!enon which constrains hi! to do

wron" in spite o, or contrary to, his

volition. ?an is wron" by nature and has

a possibility to be a cri!inal.

)o!bines both positivist

and classical thin=in"

The purpose o the penalty is to

exact retribution. 2t has

endeavored to establish a direct

and proportion between cri!e

and penalty.

The purpose o penalty is to reor! the

ofender.

)ri!es that are econo!ic

and social in nature should

be dealt with in a positivist

!anner, thus the law is

!ore co!passionate.

?an is essentially a >+6/

6-/6- with an /*+-

6-- 9' to choose between

"ood and evil, thereby placin"

!ore stress upon the efect or

result o the elonious act done

upon the !an, the cri!inal

hi!sel

)ri!e is essentially a social and natural

pheno!enon, and as such, it cannot be

treated and chec=ed by the application o

abstract principles o law and

%urisprudence nor by the i!position o a

punish!ent, 5xed and deter!ined a

prioriG but rather throu"h the

enorce!ent o individual !easures in

each particular case.

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T-6- '* )--' 9-( - / '* -6+6>-) 9' )-'-6/- '(-( /() -6- '* / 9-( -96+(; / 6-** 6+> '>6)-(-, (-;';-(-, / + +6-*';, +6 / + *'.

ELEMENTS OF FELONIES IN =ENERAL"1. There !ust be an act or o!ission.(. The act or o!ission !ust be punishable by the 'evised enal )ode.;. 2t is co!!itted by !eans o dolo or culpa.

ACT @ bodily !ove!ent tendin" to produce so!e efect in the external world. 2t is notnecessary that it be actually produced as the possibility o its production is already suHcient.

The external act !ust relate to the provisions o the 'evised enal )ode. nly external actsare punished. 2nternal acts those which occur in the !ind are never punished, no !atter howevil the !ay be, as lon" as there is no physical action which translates said thou"hts into bein".

ICOGITATIONIS POENAM NEMO MERETUR. -o !an deserves a punish!ent or a thou"ht

OMISSION purports inaction the ailure to peror! a positive duty which one is obli"ed by law todo. The o!ission !ust be punishable by law.

Thus $here a person who witnessed a cri!e reuses to report what he had witnessed to the properauthorities, he cannot be held cri!inally liable or said o!ission as the sa!e is not punished by law. -ordoes a person incur cri!inal liability or ailin" to cast his vote on *lection Aay.

OMISSIONS PUNISABLE UNDER TE REVISED PENAL CODE

1# &'T. 11J ?isprision )oncealin"# o Treason(# &'T. (KC &bandon!ent o ersons in Aan"er;# &'T. (1;, &' ( 2lle"al *xactions ailin" voluntarily to issue a receipt, as provided by law, or any

su! o !oney collected by hi! oHcially.L2>*-TLM &'* 8L@-T&'M

$3MN1. The 'evised enal )ode is based on the )lassical +chool where the basis is ree will.(. &cts or o!issions are always considered voluntary since !an is a rational bein". &nd one !ust

prove that his act is exe!ptin" under &'T. 1( 2!becile or an insane person, a person under nineyears o a"e O !odi5ed by '& E;

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L2>*-)* in ailin" to reali/e that he had other co!panions and in notveriyin" their whereabouts 5rst beore 5rin" the shot.

eople 8 Lope/F/*"& truc= driver hit a "irl who crossed the street. 3is deense was that he should not be held liablebecause he did not intend to cause the in%ury.-)" Lope/ is not bein" prosecuted or 3o!icide. 3e is liable or 'ec=less 2!prudence resultin" in3o!icide. This acts, thou"h ne"li"ent, are de5nitely voluntary.