Criminal Law is that branch of public law, which defines crimes, treat of its nature and provides for its punishment.
Crime is an act committed or omitted in violation of criminal law forbidding or commanding it.
Accused is a person formally charged in court for having violated a penal law, either the RPC or a special law.
Felony - if punishable by the Revised penal code
Offense - if punishable by the special laws (Ex. Rep. Act, Pres. Decree)
Infraction - if punishable by ordinance
Sources of Philippine Criminal Laws
1. The Revised Penal Code
2. Republic Acts
3. Presidential Decrees
4. Executive Orders
Cardinal feature/ characteristics/ components of Criminal Law
1. Generality, meaning that Philippines criminal laws are building on all persons who live or sojourn in the Philippines. Except:
a. Principles of Public International laws
1. Chief of states
2. Ambassadors
3. Ministers plenipotentiary
4. Ministers residents
5. Charges d’ affaires
b. Treaties or treaty stipulations
c. Laws of preferential application
2. Territoriality undertaken to punish crimes committed only within the Philippines territory.
a. Should commit an offense while on Philippines ship or airship
b. Should forge or counterfeit any coin or currency note of the Phil.
c. Should be liable for acts connected with the introductions into the Phil. of the on obligations and securities on no.2.
d. While being a public officers or employees, should commit an offense in the exercise of their functions.
e. Should commit any of the crimes against national security and the law of nations.
3. Prospective, a penal law cannot make an act punishable when it was punishable when committed.
Except: If favorable to the accused.
Except: If the accused is a habitual Delinquent.
JURISDICTION OVER CRIMES COMMTTED ON BOARD FOREIGN VESSELS WHILE IN PHILIPPINES
