Power to Enact Penal Laws

Jun 21st, 2015
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Only the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive. Limitations on the power of Congress to enact penal laws 1. Must be general in application. 2. Must not partake of the nature of an ex post facto law. 3. Must not partake of the nature of a bill of attainder.

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*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO & SANDOVAL WITH EXCERPTS FROM ORTEGA NOTESCRIMINAL LAW A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.Legal Basis of PunishmentThe power to punish violators of criminal law comes within the police power of the state. It is the injury inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. * The objective of the punishment is two-fold: absolute and relative. The absolute theory is to inflict punishment as a form of retributive justice. It is to destroy wrong in its effort to annihilate right, to put an end to the criminal activity of the offender.On the other hand, the relative theory purports to prevent the offender from further offending public right or to the right to repel an imminent or actual aggression, exemplary or by way of example to others not to follow the path taken by the offender and ultimately for reformation or to place him under detention to teach him the obligations of a law-abiding citizen.Power to Enact Penal LawsOnly the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive.Limitations on the power of Congress to enact penal la

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