Law- is a system of principles and processes promulgated and strictly enforced by the State to regulate the conduct of its citizens and as a means of resolving conflicting interests.
Three General Sources of Law:
1. Constitution-the fundamental or the basic law of the land.
2. Legislation(Statutory Laws) – laws enacted by the law
3. Common Law- the body of principles that evolves from court decisions.
General Types of Law:
Public Law- the body of laws that deals with relationships between individuals and the government, and the government agencies.
Criminal Law- an important segment of Public Law
- This deals with the safety and welfare of an individual, or the protection of private interest.
Private or Civil Law - the body of laws that deals with the relationship of private
Individuals.
Civil Law covers:
Contract law- involves the enforcement of agreement among private individuals or the penalties for failure to observe the agreement.
Tort law- defines and enforces rights and responsibilities among private individuals that are not based on contractual agreements.
LEGAL LIABILITY
Crime- is an act of violation of the public(criminal) law punishable by fine, or imprisonment, or even death
Felony- is a crime against persons and property of a serious nature.
Misdemeanor- is an offense of a less serious nature.
FELONIES
Felonies- are acts punishable by law and they may be committed not only by means of deceit, but also by means of fault.( Revised Penal Code, Art. 3).
Classes of Felonies:
1. Consummated- when all the elements necessary for its execution and accomplishment are present.
2. Frustrated- when the offender performs all the acts of execution which, as a consequence, would have resulted in a felony.
3. Attempted- when the offender does not perform all the acts of execution which should produce the felony by reason of some causes or accident other his own spontaneous desistance.
Classifications of Criminal Liability
1. Principals of a crime are persons who take part directly in carrying out the wrongful act or those who directly compel or entice others to commit it , or those who cooperate in the commission of the offense by another act without which the crime would not have been accomplished.(Revised Penal Code, Art. 17)
2. Accomplices- (Accessories before the act (Black, 1968)- those persons who, not being principals by direct participation, inducement or cooperation, through another act essential to the consummation of the crime.
3. Accessories- (accessories after the act(Black, 1968), are those who, having no knowledge of the commission of the crime and without having participated therein either as principals or accomplices.
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
5 circumstances
(under the revised penal code)
1. JUSTIFYING CIRCUMSTANCES
-circumstances surrounding the commission of a crime may be justified, the one who acts in defense of his person or rights, does not incur criminal liability.
FF: circumstances concur(Ibid,Article II,Paragraph I)
a. Unlawful aggression on the part of the offended or injured party.
b. Reasonable necessity of the means employed by the offender to prevent or repel such aggression, &
c.Lack of sufficient provocation on the part of the offender.
2. EXEMPTING CIRCUMSTANCES
-certain circumstances under the law exempt a person from criminal liability for the commission of a crime.
FF: are exempted by law -for the crime they have committed (Ibid.Art..12)
a.An imbecile or an insane person
b. A person under nine years of age
c. A person over nine years & under fifteen years
d. any person who, while performing a lawful act w/ due care, causes an injury by mere accident, w/o fault, or intention causing it.
e. Any person who acts under compulsion of irresistible force
3. MITIGATING CIRCUMSTANCES
-are circumstances that do not constitute a justification or excuse of the offense in question,but w/c , in fairness & mercy maybe considered as reducing the degree of moral responsibility.
-considered by law mitigating, and lessen the criminal liability of the offender (Ibid.Art.13)
a. circumstances w/c are otherwise justifying or exempting were if not for the fact that all the requisites necessary to justify the act
b. That the offender is under eighteen years of age or over seventy years.
c. That the offender had no intention to commits so grave a wrong as that committed
d. That the sufficient provocation or threat on the part of the offended party immediately
preceded the act
e. That the act was committed in the immediate vindication of the Grave offense to the one committing the felony.
4. AGGRAVATING CIRCUMSTANCES
-are those w/c increase the criminal liability of the offender or make his guilt more severe.
-considered by the law as aggravating the guilt of the offender are the FF:
a. That the advantage be taken by the offender of his public position
b. That the crime be committed in contempt of or w/ insult to the public interest
c. That the act be committed w/ abuse of confidence or obvious ungratefulness
d. That the crime be committed on the occasion of conflagaration, shipwreck, earthquake, epidemic, or other calamity or misfortune
e. That the crime be committed in consideration of a price, reward or promise
5. ALTERNATIVE CIRCUMSTANCES
-are those w/c must be taken into consideration either as aggravating, mitigating, depending on the nature & effects of the crime.
Alternative circumstances (Revised penal code.Art.15)
a. RELATIONSHIP
-is taken into consideration when the offended party is (legitimate,natural or adopted) or relative by affinity in the same degrees of the offender. (Ibid)
b. INTOXICATION
-commission of a crime under the state of intoxication may be mitigated, if intoxication is not or subsequent to the plan to commit said felony,BUT, when the intoxication is habitual or intentional, the same shall be considered as aggravating circumstances.(Ibid)
c. DEGREE OF INSTRUCTION AND EDUCATION
a person who fails to make use of his knowledge and training and thereby causing an injury to another person may constitute a crime.
UNLAWFUL PRACTICES IN THE WORKPLACE
CRIMINAL NEGLIGENCE OR IMPRUDENCE
NEGLIGENCE OR IMPRUDENCE – a deficiency of perception, or a flagrant and reckless disregard of the safety of others and willful indifference to the injury liable to follow from an act.
NEGLIGENCE – converts an act otherwise lawful into crime when resulting in personal injury or death.
2 CLASSES OF CRIMINAL NEGLIGENCE
1. RECKLESS IMPRUDENCE – when one does an act, or fail to do an act voluntarily but without malice from which act.
2. SIMPLE IMPRUDENCE – a person is guilty of this crime if he shows lack of precaution in those cases is not immediate or in which the impending is not evident or manifest.
PHYSICAL INJURY – may be serious or slight, depending upon the nature and character of the wound inflicted and their consequences on the person of the victim.
2 TYPES OF THE PHYSICAL INJURY
1. SERIOUS PHYSICAL INJURY – is the consequence of the deliberate act of wounding, beating or assaulting and has resulted in insanity, imbecility, impotency, blindness, loss of speech of hearing, of smell, loss of an eye, a hand, a foot, loss of an arm, a leg, or loss of the use of any such part of any body.
2. SLIGHT PHYSICAL INJURY - refers to injuries not described as serious but which incapacitate the offended party for labor for ten days or more, but not more than thirty days.
SEXUAL HARASSMENT
Anti sexual harassment act of 1995 defines Sexual harassment as an act committed by an employer, employee, manager, supervisor, agent of the employee, teacher or any other person who, having authority influence or moral ascendancy over another in a work or training of education environment, demands, request or otherwise requires any sexual favor from the other.
In a work related or employment environment, sexual harassment, sexual harassment committed when:
The sexual favor made as a condition in the hiring or in the employment or in granting said individual favorable compensation terms, conditions, promotions or privileges;
The above act would impair the employee’s rights or privileges under existing labor laws.
The above acts would result in an intimidating, hostile or offensive environment for the employee.
ACTS OF LASCIVIOUSNESS
Acts that tend to excel lust; conduct that is wanton, lewd, voluptuous or lewd emotion.
Committed when a person embraces, kisses or holds a woman’s breast. The Penal code (Art. 336&339)
GRAVE SCANDAL
Scandalous Acts that offend decency or good customs (revised penal code Art.201) and are committed in public places or are committed with in the view or knowledge of the public.
DEFAMATION
Refers to a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission condition, status or circumstances tending to cause the dishonor of a natural or judicial person, or blacken the memory of one who dead (Revised Penal Act Code Art.353).
LIBEL
Defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting theoretical. If imputation made writing is made maliciously, then it is defamatory, it does not constitute a crime.
SLANDER
Defamation committed by way of uttering serious and insulting statements damaging to the character or well-being of a person.
Misdemeanor
is an offense of a less serious nature and usually punishable by a fine or short-term imprisonment, or both. A worker or an employee who slaps a client’s or co-worker’s face could be charged with misdemeanor.
Theft or Latency
applies to any act of taking property against the will of the owner, whether by stealth, confrontation or fraud, whether done quickly or cautiously, and whether a large or small amount of stolen goods is involved.
Graft and Corruption
is the most perennial problem plaguing both the government and private sectors. A worker is guilty of this offense when he uses his position for dishonest gain, when he demands or receives for personal use a fee, gift or other valuable things in the course of his official duties. Misuse of public funds may also constitute corruption.
