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Atty. Dan P. Calica | UP Law 1st Sem AY 18-19 investigation, if by confronting the witnesses for the
prosecution he can convince the court that the charges
INTRODUCTION are groundless. There is no justice in compelling him to
undergo the troubles of a final hearing if at the
A. Course Guidelines and Overview preliminary hearing the case can be terminated in his
favor.
B. Penological objectives NOTES:
1. The case doesn't specifically define what criminal
A.F. Tadiar, Philosophy of a Penal Code, 52 law is, but it's under that topic in the syllabus. In Reyes
Phil.L.J. 165 (1977) Book 1, I found this one sentence that can be
connected: "Court decisions are not sources of criminal
PART I: General Principles of Criminal Law law, because they merely explain the meaning of, and
apply, the law as enacted by the legislative branch of
A. Definitions the government." In the present case, the SC cited the
case of Saling Buhay v. Arellano in interpreting the
1. Criminal law provision of the Rules of Court, stating that "there is
nothing in it or any other law restricting the authority,
“Criminal law is that branch or division of law which inherent in a court of justice, to pursue a course of
defines crimes, treats of their nature, and provides for action reasonably calculated to bring out the truth."
their punishment.” [Luis B. Reyes, The Revised Penal
Code, Eighteenth Edition, 2012, at 1, citing 12 Cyc. 2. Another possible relation to the syllabus' topic is that
129] the syllabus also states that criminal law is
substantive because it defines the state’s right to
It is that branch of public substantive law which defines inflict punishment and the liability of the offenders. In
offenses and prescribes their penalties. It is the present case, it was stated in the dissent of J. Feria
substantive because it defines the state’s right to inflict that the right of the defendant to cross-examine the
punishment and the liability of the offenders. It is public prosecution's witnesses against him/her is a
law because it deals with the relation of the individual substantive right. J. Feria also said that since the rule
with the state. in question (Rule 108, Sec. 11 of the 1940 Rules of
Court) diminishes the said substantive right of the
Bustos v. Lucero, 81 Phil. 640 (1948) accused, the said provision should be declared as
SUMMARY: Pet. Bustos was the accused in a criminal NULL AND VOID. J. Feria further stated that the
case. During preliminary investigation, Bustos pleaded Supreme Court is not empowered, and therefore
not guilty. Bustos' counsel moved for the complainant cannot enact or promulgate substantive laws or rules,
to present her evidence so that she and her witnesses for it is obvious that rules which diminish, increase or
could be examined and cross-examined. The modify substantive rights, are substantive and not
prosecution objected to the motion, invoking Rule 108, adjective laws or rules concerning pleading, practice
Sec. 11 of the 1940 Rules of Court, which made no and procedure.
mention that the accused could examine the
complainant. Justice of the peace Court of Masantol 2. Crime
ruled that Bustos renounced his right to present
evidence. Bustos filed a motion with CFI Pampanga to Crime is an act committed or omitted in violation of a
remand case back to Masantol. Resp. CFI Judge public law forbidding or commanding it. [Reyes, supra,
Lucero denied Bustos' motion. A special civil action for at 1, citing I Bouvier’s Law Dictionary, Rawle’s Third
mandamus was filed by Bustos. SC ruled in favor of Revision, 729]
Resp. Judge Lucero, stating that Judge Lucero did
NOT commit GADALEJ in denying Bustos' motion. B. Nullum crimen nulla poena sine lege
DOCTRINE: The constitutional right of an accused to
be confronted by the witnesses against him does not 1. “Applicable here is a familiar maxim in criminal law:
apply to preliminary hearings; nor will the absence of a Nullum crimen nulla poena sine lege. There is no crime
preliminary examination be an infringement of his right where there is no law punishing it.” [Potenciana
to confront witnesses. Evangelista v. People, G.R. Nos. 108135-36, 14
DOCTRINES FROM THE DISSENTS: August 2000]
1. [J. Feria] The right granted by law upon a defendant
to be confronted with and cross-examine the witnesses -Case was about Tanduay's application for tax credit
for the prosecution in preliminary investigation as well with the BIR,claiming that it is only liable to pay specific
as in the trial of the case is a substantive right. taxes, and not ad valorem taxes.
2. [J. Perfecto] The accused must be afforded the -In the information, it was stated that the Petitioner
opportunities to have the charges against him quashed, caused undue injury to the Government and gave
b. CONST., art. II, sec. 5: The maintenance of peace Sec. 447(a)(1)(ii): (Sangguniang Bayan) Powers,
and order, the protection of life, liberty, and property, Duties, Functions and Compensation. - (a) The
and the promotion of the general welfare are essential sangguniang bayan, as the legislative body of the
for the enjoyment by all the people of the blessings of municipality, shall enact ordinances, approve
democracy. resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants pursuant
3. Who exercises police power? to Section 16 of this Code and in the proper exercise of
the corporate powers of the municipality as provided
a. CONST., art. VI, sec. 1: The legislative power shall for under Section 22 of this Code, and shall: (1)
be vested in the Congress of the Philippines which Approve ordinances and pass resolutions necessary
shall consist of a Senate and a House of for an efficient and effective municipal government,
Representatives, except to the extent reserved to the and in this connection shall:
people by the provision on initiative and referendum. (ii) Maintain peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot,
b. CONST., art II, sec. 1: The Philippines is a violence, rebellion or sedition and impose penalties for
democratic and republican State. Sovereignty resides the violation of said ordinances;
in the people and all government authority emanates (iii) Approve ordinances imposing a fine not exceeding
from them. Two thousand five hundred pesos (P2,500.00) or an
imprisonment for a period not exceeding six (6)
c. [SUPRA] People v. Evangeline Siton and months, or both in the discretion of the court, for the
Krystel Kate Sagarano, G.R. No. 169364, 18 violation of a municipal ordinance;
September 2009 (v) Enact ordinances intended to prevent, suppress
and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy,
Be it enacted by the Senate and House of PROVIDING FOR THE TRIAL BY COURTS-MARTIAL
Representatives of the Philippines in Congress OF MEMBERS OF THE INTEGRATED NATIONAL
assembled:: POLICE AND FURTHER DEFINING THE
JURISDICTION OF COURTS-MARTIAL OVER
Section 1. Members of the Armed Forces of the MEMBERS OF THE ARMED FORCES OF THE
Philippines and other persons subject to military law, PHILIPPINES
including members of the citizens Armed Forces
Geographical Units, who commit crimes or offenses
d. REP. ACT NO. 9372 (Human Security Act of UNCLOS Article 2: Legal status of the territorial
2007), sec. 58: Subject to the provision of an existing sea, of the air space over the territorial sea and of its
treaty of which the Philippines is a signatory and to any bed and subsoil 1. The sovereignty of a coastal State
contrary provision of any law of preferential application, extends, beyond its land territory and internal waters
the provisions of this Act shall apply: and, in the case of an archipelagic State, its
(1) to individual persons who commit any of the crimes archipelagic waters, to an adjacent belt of sea,
defined and punished in this Act within the terrestrial described as the territorial sea. 2. This sovereignty