Criminal Law I

Atty. Ma. Concepcion A. Betaizar

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 Table of contents

01 Principles
Principles 02 Limitations
Limitations
Fundamental principles in Constitutional Limitations
Criminal Law of Criminal Law

03 Scope
Scope of
of Application
Application 04 Construction
Construction
Scope of Application and How penal laws are
Characteristics of Criminal construed
Law
 Criminal
Law I
branch or division of law which defines crimes, treats
of their nature and provides for their punishment.
Crime, defined. It is an act committed or omitted in
violation of a public law forbidding or commanding it.
 01
Constitutional
Limitations of
Criminal Law
1.1987 Constitution, Art. II, Sec 5
GENERAL WELFARE CLAUSE
SECTION 5. The maintenance of peace and order, the protection
of life, liberty, and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the
blessings of democracy.
2.1987 Constitution, Art. VI, Sec 1
The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
LIMITATIONS ON THE POWER
1. Not partake Ex Post Facto law
2. Not partake Bill of Attainder
3. Not impose cruel and unusual punishment
or excessive fines
4.1987 Constitution provisions
5.Rights of the Accused (Rule 115, Rules of
Court)
6. Rights of the Accused
7. Publication requirement
 1. Not partake an Ex Post Facto Law
1.Makes criminal an act done before the passage of
the law and which was innocent when done, and
punishes such an act;
2.Aggravates a crime or makes it greater than it was,
when committed;
3.Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed;
 1. Not partake an Ex Post Facto Law
4.Alters the legal rules of evidence and authorizes
conviction upon less or different testimony than the
law required at the time of the commission of the
offense;
5.Assumes to regulate civil rights and remedies only,
in effect imposes penalty or deprivation of a right for
something which when done was lawful;
 1. Not partake an Ex Post Facto Law
6.Deprives a person accused of a crime some lawful
protection to which he has become entitled, such at
the protection of a former conviction or acquittal or a
proclamation of amnesty.
 2. Not partake the nature of BILL OF
ATTAINDER

A Bill of Attainder is a legislative act which inflicts

punishment without trial. Its essence is the
substitution of a legislative act for a judicial
determination of guilt.
3.Must not impose cruel and unusual
punishment or excessive fines.
4. Constitutional Provisions
ART. III SEC. 1, 14 (1)
SECTION 1. No person shall be deprived of life,
liberty, or property without due process of law, nor
shall any person be denied the equal protection of the
laws.
SECTION 14. (1) No person shall be held to answer
for a criminal offense without due process of law.
ART. III, SEC. 14 (2)
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have
a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.
ART. III, SEC. 14 (2)
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have
a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.
ART. III, SEC. 18 (1)
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have
a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.
 Advance degree options?

Mercury
Mercury Venus
Venus Mars
Mars
Mercury is the closest Venus has a beautiful Despite being red,
planet to the Sun and name and is the Mars is actually a cold
the smallest of them second planet from place. It’s full of iron
all the Sun oxide dust
Skills students can learn

Mars
Mars Venus
Venus
Mars is actually a Venus has
very very cold extremely high
place temperatures

Jupiter
Jupiter Saturn
Saturn
Jupiter is the Saturn is a gas
biggest planet of giant and has
them all several rings
 Jobs related to this degree

Mars
Mars Venus
Venus Neptune
Neptune
Mars is actually a Venus has Neptune is the
very cold place extremely high farthest planet from
temperatures the Sun

Mercury
Mercury Saturn
Saturn Jupiter
Jupiter
Mercury is the Saturn is a gas Jupiter is the
closest planet to giant with several biggest planet of
the Sun rings them all
Awesome
words
 “This is a quote, words full of
wisdom that someone important
said and can make the reader get
inspired.”
—Someone Famous
A
A picture
picture is
is worth
worth a
a thousand
thousand words
words
Criminal
justice
associations
and
organizations
Images reveal large amounts of
data, so remember: use an image
instead of a long text. Your audience
will appreciate it
600,000
People
People declared
declared missing
missing every
every year
year
 87,217
Active
Active missing
missing person
person records
records

32,225
Young
Young people
people under
under age
age of
of 18
18

12,984
Young
Young people
people between
between ages
ages 18
18
and
and 20
20
 23,100
Persons
Persons in
in the
the criminal
criminal justice
justice system
system
Persons in the criminal system

25% 50% 75%

Mercury
Mercury Venus
Venus Mars
Mars
Mercury is the closest Venus has a beautiful Despite being red,
planet to the Sun and name and is the Mars is actually a cold
the smallest of them second planet from place. It’s full of iron
all the Sun oxide dust
Suspects and offenders by age

25% 50% 75%

Female
Female Male
Male Unknown
Unknown
Mercury is the closest Venus has a beautiful Despite being red,
planet to the Sun and name and is the Mars is actually a cold
the smallest of them second planet from place. It’s full of iron
all the Sun oxide dust
Computer
mockup
You can replace the image on the
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mockup
You can replace the image on the
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Countries with the highest crime
rate
Venus
Venus
Venus is the
second planet from
the Sun
Mercury
Mercury
Mercury is the
closest planet to
the Sun
Mars
Mars
Despite being red,
it’s a very cold
place
 163,982
Female
Female declared
declared missing
missing every
every
year
year

123,529
Male
Male declared
declared missing
missing every
every year
year
 Steps of a crime scene
investigation

Venus
Venus Mercury
Mercury Mars
Mars Jupiter
Jupiter
Venus is the It’s the closest Despite being red, Jupiter is the
second planet planet to the Sun it’s a very cold biggest planet of
from the Sun place them all
 Crime scene management

Venus
Venus
01 02 Mars
Mars
Venus is the Despite being red,
second planet it’s a very cold
from the Sun place

Mercury
Mercury
03 04 Jupiter
Jupiter
It’s the closest Jupiter is the
planet to the Sun biggest planet of
them all
 Police and detectives

Mars
Mars Venus
Venus
Mars is a red planet Venus is a hot
planet

Mercury
Mercury Jupiter
Jupiter
Mercury is very Jupiter is a gas
small giant
 Police department ranks
Earth
Earth
Where human
lives

Mars
Mars Venus
Venus Mercury
Mercury Jupiter
Jupiter
Mars is a red Venus is a hot It’s very small Jupiter is a gas
planet planet giant

Neptune
Neptune Pluto
Pluto Saturn
Saturn
It’s an ice giant It’s very small Saturn has rings
 Crime scene investigation

Mars
Mars Venus
Venus Mercury
Mercury Jupiter
Jupiter
Mars is a red Venus is a hot It’s very small Jupiter is a gas
planet planet giant
 Ratio of arrested persons per
year
Homicide Battery Burglary Theft

Mercury 0.06 0.53 0.38 0.38

Mars 0.11 9.4 0.53 0.78

Saturn 95.2 1.16 9.4 1.16

 Job growth by position

46%
46% Lawyers
Lawyers 9%
9% Police
Police
Mercury is the
smallest planet of Venus is the second
them all planet from the Sun

14%
14%
30%
30% Judges
Judges
Paralegals
Paralegals
Jupiter is the biggest Saturn is a gas giant
planet of them all with several rings

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