OLCPCJ1 PART 1

is that branch of municipal law which defines crimes, treats of their nature and provides for their punishment.

• Criminal law

• Penal law code

• 1987 constitution

regulate human conduct and tell people what they cannot do and, in some instances, what they must do under certain circumstances.

• Penal law code

• Criminal law

• Revised penal code

is any act which the sovereign has deemed contrary to the public good; a wrong which the government has determined is injurious to the public and, hence prosecutable in a criminal proceeding.

• Punishment

• Crime

• Penalty

is a law enacted to preserve the public order by defining an offense against the public and imposing a penalty for its violation.

• Republic act

• Jurisprudence

• Penal law code

generally derived from principles rather than rules;

it does not consist of absolute, fixed, and inflexible rules, but rather of broad and comprehensive principles based on justice, reason, and common sense. It is of judicial origin and promulgation.”

• Common law

• Positive law

• Negative law

No person should be brought within the terms of criminal statues who is not clearly within them, nor should any act be pronounced criminal which is not clearly made so by the statute.

• False

• True

The basis of criminal responsibility in this theory is the EXISTENCE OF THE OFFENDER'S FREE WILL and the penalty for his criminal act is by WAY OF f RETRIBUTION.

• Positivist or realistic theory

• Classical theory or Juristic theory

The basis of criminal liability in this theory is the SUM OF SOCIAL and ECONOMIC PHENOMENA to which the actor was exposed, hence the penalty imposed is for PREVENTIVE or CORRECTIVE PURPOSES.

• Classical or Juristic theory

• Positivist or realistic theory

One of the sources of the Philippine criminal law which took effect on January 1, 1932 – and its amendments;

• Special penal laws

• Penal presidential decrees

• Decisions of supreme court

• The revised penal code

One of the sources of the Philippine criminal law which is passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa.

• The revised penal code

• Special penal laws

• Penal presidential decrees

• Decisions of the supreme court