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Criminal Law Midterm Reviewer Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga CRIMINAL LAW REVIEWER I. History of the Revised Penal Law which, without expressly prohibiting certain acts, impose a penalty on their commission. A. Codification Movement -- sought to have all laws codified or written in a single body of aw. Note: Non-payment of taxes is merely a civil liability/indemnity. The tax code as it exists today which carries punishments may be considered penal provisions. B. Spanish Codigo Penal People vs. Moran The royal order dated December 17, 1886, directing the execution of the royal Facts: The accused violated the election code and was sentenced by the lower decree of September 4, 1884, wherein it was ordered that the Penal Code in court. He was asking for reconsideration and filed a special motion alleging force in the Peninsula, as amended in accordance with the recommendations of that the crime complained of had prescribed under the provision of section 71 the code committee, be published and applied in the Philippine Islands, as well of Act 3030, enacted by the Legislature on March 9, 1922. as the Provisional Law of Criminal Procedure which accompanied it. These two laws, having been published in the Official Gazette of Manila on March 13 and Issue: W/N penal laws provide for not only penalty but also prescription. 14, 1887, became effective in July 14, 1876. (US. vs. Tamparong) Decision: Yes. C. Codigo Penal ng Pilipinas – modified the Spanish Penal Code. Decision: The court found the crime to have prescribed (in accordance with the D. US Period – they tried to translate the Penal code but certain areas new law) and set aside the decision. The Election law contained in the were defectively translated Administrative Code and Act 3030 which amended and modified the former, it is evident that the provision declaring that offenses resulting from the violations of said Act shall prescribe one year after their commission must have II. Definition of Penal Law and Criminal Law retroactive effect, the same being favorable to the accused. An exception- to give them retroactive effect when favorable to accused. The exception applies to a law dealing with prescription of crime: Art 22 applies to a law dealing with A. Penal laws – laws which relates to penalties prescription of an offense which is intimately connected with that of the penalty, for the length of time for prescription depends upon the gravity of the B. Criminal laws – laws which relates to crimes offense. Penal laws not only provide for penalties but also prescriptions. C. Felony -- A crime under the Revised Penal Code is referred to as a felony. Do not use this term in reference to a violation of special law. III. Rationale of Penal Laws D. Offense -- A crimes punished under a special law is called as statutory offense. US vs. Sotto E. Misdemeanor --A minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. Facts: Vicente Sotto is the director, editor, publisher and printer of a weekly F. Crime -- Whether the wrongdoing is punished under the Revised Penal paper. On May 1915, he edited the paper with the intention of attacking them Code or under a special law, the generic word crime can be used. reputation of Lope K. Santos and two other principals of a labor group. He was found guilty of libel. Lorenzo vs. Posadas Issue: W/N Sotto was guilty Issue: W/N Art. 3606 of a tax law is a penal law thus can be applied Decision: Yes. Penalties are used to deter people from doing the same crime. retroactively in conformity with the provisions of Art. 22 of RPC. A deterrent effect upon others is one of the purposes of the infliction of a penalty for the violation of the criminal law (Exemplarity). Decision: A statute is penal when it imposes punishment for an offense committed against the state. “Penal Statutes” are statutes, which command or People vs. Carillo and Raquenio prohibit certain acts and establish penalties for their violation, and even those, /vvverga Page 1 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga Facts: Carillo was sentenced with death penalty for the crimes of robbery, Issue: W/N the charge against Revilla is proportionate to the act he attempted rape and homicide. His accomplice was only charged for robbing committed. Emma Abaya and Marcelino Lontok. Decision: No. His action then was due to a mistaken conception of his duty, Issue: W/N the penalty for Carillo was justified. hence it is obvious that the penalty imposed against him is notoriously excessive to the extent of being cruel for being out of proportion with the crime Decision: committed. The penalty was not proportionate to the evil to be curbed. Retribution, the penalty should be commensurate with the gravity of The accused is a dangerous enemy of the society thus, imposition of the the offense. highest penalty if justified. Carillo has proved himself to be a dangerous enemy of society. The latter must protect itself from such enemy by taking his life in The penalty imposed upon the accused for infidelity in the custody of a prisoner retribution for his offense and as an example and warning to others. In these sentenced to only six days of arresto menor being excessive, such fact should days of rampant criminality it should have a salutary effect upon the criminally be brought to the attention of His Excellency, the President of the Philippines minded to know that the courts do not shirk their disagreeable duty to impose for him to decide whether or not it would be convenient to recommend to the the death penalty in cases where the law so requires. national assembly the amendment of art 223 of RPC (conniving with or consenting to evasion) so as to make it more in consonance with the amplitude People vs. Young of the matters that a court must consider in meting out punishment to whoever may have the misfortune f infringing the precept regarding infidelity in the Facts: Jimmy Young is a hired killer who committed a crime of murder under custody of prisoners or detained prisoners. Art 248 of the RPC. He refused to plea guilty because according to him, his guilt is lighter than those who ordered the killing of Alfonso Liongto. He was sentenced with death penalty in accordance with Art 248 in relation to Art 64 of People vs. Galano the RPC. However, RA 296, which was approved 17 June 1948, provides that for a penalty of death is imposed, all justices of the Supreme Court must first Facts: Galano was accused of falsification of one peso bill, which he used to concur. Said law is procedural thus can be applied to cases pending at the time purchase four eggs. He was found guilty and was sentenced to suffer of its approval. intermediate penalty ranging from 10 years and 1 day to 12 years and 10 months. The Solicitor General believes that the punishment is too harsh. Issue: W/N Young should be charged with the crime of murder. Issue: W/N the penalty if too harsh Decision: One of the justices dissented, thus death penalty was not imposed. The killing in question was attended by evident premeditation which qualified Decisions: The punishment is too harsh and it may not actually serve the the crime as murder: (a) it was committed in consideration of a price reward or purpose of the legislator. Imprisonment may change an individual but it can promise and (b) with treachery. This case also provides the notion of also expose the person to hardened criminal. Thus, punishments should be aggravating circumstances (acts that would provide for higher penalties – art applied with care. A copy of the decision was sent to the president for the 14) and mitigating circumstances (provides for lighter penalties – art 13). exercise of executive clemency. Death penalty was imposed to rationalize the concept of Exemplarity: making a person example to serve as a deterrent) IV. Two theories in Criminal Law People vs. Revilla A. Classical Theory 1. Basis of criminal liability is human free will and purpose of penalty Facts: The accused was charged for the crime of infidelity in the custody of the is retribution prisoners. Nicasio Junio, the prisoner, was only sentenced to suffer six days of 2. “An eye for an eye, a tooth for a tooth.” – Oculo pro oculo, dente arresto menor only, a penalty that may be served in the house of the offender pro dente.] because of the condition of his health. The municipality also could not feed him 3. Man is a moral creature with absolute free will to choose between Nicasio for lack of appropriation, Revilla then believed that this act in permitting good and evil, thereby placing more stress upon the effect or Nicasio to sleep in his own house was not grave in nature, being at most a result of felonious act than upon the man. mere relaxation of the rules prescribed for the care and custody of municipal 4. Endeavored to establish a mechanical and direct proportion prisoners. Revilla was charged under Art 223 for his actions. between crime and penalty /vvverga Page 2 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga 5. The purpose of penalty is retribution. The offender is made to provisions of a municipal ordinance. The petitioner was criminally convicted by suffer for the wrong he has done. There is scant regard to the the trial court for not paying the surcharge.
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