Statutory Rights are the enactment of rights provided by the State or Government. An accused in a criminal proceeding has an entitled right to defend himself in the court.
Miranda Rights is a constitutional privilege and must be performed during an arrest. The accused has the right to remain silent and can request a legal counsel on his behalf. Anything he says can be used against him. If he cannot provide an attorney he will be given one.
The repeal of penal statutes may be expressed or implied. Example of repeal by implication is through codification as cited in the case of People vs Binuya. The effects thereof are the following: 1. If the repeal is absolute, the accused should be acquitted. Exception: The repealing law contains a saving clause to the effect... Continue Reading →
The penal laws in the Philippines observed several principles in application of the law. In the Revised Penal Code (RPC), in particular, here are the three cardinal principles: 1. Generality 2. Territoriality 3. Prospectivity According to the book of Regalado, some would add the fourth principle, which is that of legality in consideration of the... Continue Reading →