Module 2: CHARACTERISTICS AND b.

No injury or the injury caused is of

lesser gravity
PRINCIPLES
3. Court should not suspend the execution of
the sentence
4. The judge should submit a statement to the
Article 5: Duty of the court in connection with acts
Chief Executive, through the Secretary of
which should be repressed but which are not
Justice, recommending executive
covered by the law and in cases of excessive
clemency
penalties – Whenever a court has knowledge of
any act which it may deem proper to repress and
Example of accused acting with lesser degree
which is not punishable by law, it shall render the
of malice:
proper decision and shall report to the Chief
1. Husband killed wife while he was an
Executive, through the Department of Justice, the
inebriated state – considered that the
reasons which induce the court to believe that said
accused had no intent to kill his wife; death
act should be made the subject of penal regulation.
was caused by lack of haste in apply
appropriate medical attendance or weak
In the same way, the court shall submit to the Chief
constitution
Executive, through the Department of Justice, such
2. Father and son – theft – indeterminate
statement as may be deemed proper, without
penalty of arresto mayor to prison
suspending the execution of the sentence, when a
correccional – degree of malice behind the
strict enforcement of the provisions of this Code
act does not warrant the imposition of such
would result in the imposition of a clearly excessive
a stiff penalty.
penalty, taking into consideration the degree of
malice the injury caused by the offense.
Example of total absence of injury
1. Police falsified and altered the book of
1st paragraph
records of arrests, the return of the warrant
A trial of a criminal case requires the following:
of arrest, and the bail bond of a person
1. The act committed by the accused appears
charged – act committed to make it appear
not punishable by any law;
that there was no delay in the preliminary
2. But the court deems it proper to repress
investigation – no injury
such act;
3. In that case, the court must render the
Example of executive clemency
proper decision by dismissing the case and
Battered wife killed husband while he was beating
acquitting the accused;
her up. Confessed to her crime. Penalty was
4. The judge must then make a report to the
drastically reduced. (NOT FULL PARDON)
Chief Executive through the secretary of
Justice, stating the reasons which induce
Executive clemency recommended because of
him to believe that the said act should be
the severity of the penalty for rape
made the subject of penal legislation.
Due to the increase in lawlessness and violence,
etc., the penalty for the crime of rape was
Basis of Paragraph 1, Article 5
increased from reclusion temporal to reclusion
Based on the legal maxim “nullum crimen, nulla
perpetua. Executive clemency can be extended if
poena sine lege” – There is no crime if there is no
the accused have served a term of imprisonment
law that punishes the act.
consistent with redistributive justice.
2nd paragraph
The penalties are not excessive when intended
In case of excessive penalties
to enforce a public policy.
1. The court after trial finds the accused guilty
Rampant lawlessness against property, person,
2. The penalty provided by law and which the
and even the very security of Government – justify
court imposes for the crime committed
imprisonment which in normal circumstances might
appears to be clearly excessive because—
appear excessive.
a. Lesser degree of malice
Courts have the duty to apply the penalty 3. Prospective – applies penal laws at the time
provided by law it took effect unless it has a favorable effect
It is the duty of judicial officers to respect and apply on the accused
the law, regardless of their private opinions.
Rule of Law
General rule: Courts are not concerned with the Your guiding principle for your decision should be
wisdom, efficacy or morality of laws. That question based on the law. When there’s a law, then
falls exclusively within the Legislature and implement the law (People v. Aquino)
Executive. The only function of judiciary is to
interpret and apply the laws. Magna Carta – they asked the king to write the
laws/commands they need to follow
Judge has the duty to apply the law as
interpreted by the Supreme Court Principle of Legality
He must first think that it is his duty to apply the law Penal laws must be interpreted and applied strictly
as interpreted by the Highest Court of the land, and and narrowly.
that any deviation from a principle down by the
latter would be unavoidably cause, as a sequel, In Dubio Pro Reo
unnecessary inconveniences, delays, and When in doubt, favor the accused.
expenses to the litigants. - Presumption of innocence unless proven
guilty (Constitution)
Dura lex sed lex – the law is harsh but it is the law.
The court is not a forum to plead for sympathy. The Rule of Lenity
duty of the court is to apply the law, disregarding When the court faces 2 possible interpretations of a
their feeling of sympathy or pity for an accused. penal statute (ambiguity) where one is prejudicial
- Remedy: court CAN submit why the act should while the other is favorable to the accused. The rule
be punished or something needs to be done therefore is that the court must adopt the
with respect to the crime interpretation that is more lenient to the accused.
- Limits the power of the government as the
When a strict enforcement of the provisions of prosecutor
this Code o All the powers of the state will bear
The second paragraph does not apply to offenses down on you, the single accused.
penalized under a special law. Hence why it needs to be limited.
- The provision specifically mentions “the
provisions of this Code” Pascual v. Medical Board
Art 5 cannot be invoked in cases involving acts of
mala prohibita because it applies only to acts of Constitutional right protecting accused from self-
mala in se or those committed with criminal intent incriminating – does not apply in administrative
or malice (“taking into consideration the degree of proceedings
malice”)
BUT, this one is a quasi-criminal hearing.

Prospective Application of Criminal Law To resolve the doubts, right to remain silence
All laws must be applied prospectively. Only when should also be applicable in this case.
the retroactive effect is favorable to the accused
except when habitual criminal.

Three Characteristics of Criminal Law

1. Generality – applies to everyone in the PH
2. Territoriality – within PH territory
a. Local Ordinances – cannot be
applied outside their jurisdiction
(other municipalities/cities)