Amending Penal Code: Defining & Penalizing Unjust Vexation in the Philippines, Lecture notes of Criminology

Download Amending Penal Code: Defining & Penalizing Unjust Vexation in the Philippines and more Lecture notes Criminology in PDF only on Docsity! . . ~~ ~, I , ) . I FOURTEENTH CONGRESS OF THE REPUBLIC ) ,![;[, -’..~ J.: .,> _ _ 8 2 . OF THE PHILIPPINES 1 . - I Third Regular Session 1 Introduced by Senator Miriam Defensor Santiago EXPLANATORY NOTE Unjust vexation is punished under the 2nd paragraph of Article 287 of the Revised Peiial Code: “Any other coercions or unjust vexations shall be punished by arrest0 menor or a fine ranging from 5 pesos to 200 pesos, or both.” It is a well-established doctrine that a criminal or penal legislation must clearly define 01’ specify the particular acts or omissions punished. Unlike the crimes of theft, murder and rape that are specifically defined in the Revised Penal Code, the definition of the crime of unjust vexation is conspicuously absent. Because of this Article 287, paragraph 2 of the Revised Penal Code that punishes “unjust vexation” sufrers from congenital defects and may be declared unconstitutional for the following reasons: a) Article 287, paragraph 2 of the Revised Peiial Code condemns no specific or definite act or omission thus failing to define any crime or felony; b) Said penal provision is so indefinite, vague and overbroad as not to enable it to be known what act is forbidden; c) Such vagueness and overbreadth result to violation of the due process clause and the right to be informed of the nature of the offense charged; and d) Such vagueness and overbreadth liltewise amount to an invalid delegation by Congress of its legislative power to the courts to determine what acts should be held criminal and punishable. The state having the right to declare what acts are criminal, within certain well defined limitations, has a right to specify what act or acts shall constitute a crime, as well as what act or acts shall constitute a crime. Hence, the instant bill seeks to provide a legal defiiiitioii for the crime of “unjust vexation” and provide the corresponding penalty for its commission. 1