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Basic Principles in Criminal Law

Basic Principles in Criminal Law   Definitions             Criminal Law – “that branch or division of law which defines crimes, treats of their nature, and provides for their punishment             Crime – an act committed or omitted in violation of a public law. For bidding or commanding it   Characteristics 1.      GENERAL -         Criminal law is binding on all persons who live or sojourn in Philippine territory (Art. 14, NCC) o    EXCEPTIONS: “except as provided in the treaties and laws of preferential application 2.      TERRITORIAL -         Criminal laws undertake to punish crimes committed within the Philippine territory -         AS A RULE: penal laws of the Philippines are enforceab...
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Aznar v Commission on Elections [G.R. 83820 May 25, 1990]

Constitutional Law II - Citizenship Facts: Aznar, the Provincial Chairman of Cebu PDP-Laban, filed a petition to disqualify Emilio “Lito” Osmeña, respondent, when he filed his Certificate of Candidacy for the position of Provincial Governor of Cebu Province on the ground that the latter is not a Filipino citizen but rather an American Citizen. Aznar presented the following to show that Lito is an American citizen: 1.       Application for Alien Registration Form 2. Alien Certificate of Registration 3. Pernit to Re-enter the Philippines 4. Immigration Certificate of Clearance On the other hand, Lito alleged that he is a Filipino citizen: 1.       He is the legitimate child of a Filipino 2. He is a holder of a valid and subsisting Philippine Passport 3. His continuous residency in the Philippines since his birth 4. His being a registered voter in the Philippines Contention arose in this case as to the citizenship of Lito and if...
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