CRIMINAL LAW is the branch of law which defines crimes, treats

of their nature, and provides for their punishment.

Probation Law of 1976 (PD 968)

- Is not a criminal law
- It is an act of grace on the part of the State given to
the accused

Colinares v. People
- Yes, The Supreme Court ruled that Colinares may
apply for probation upon remand of his case to the
RTC. Ordinarily, an accused would no longer be
entitled to apply for probation, he having appealed
from the judgment of the RTC convicting him for
frustrated homicide. But in this case the Supreme
Court ruled to set aside the judgment of the RTC and
found him only liable for attempted homicide, if the
Supreme Court follows the established rule that no
accused can apply for probation on appeal, the
accused would suffer from the erroneous judgment of
the RTC with no fault of his own, therefore defying
fairness and equity.

Special Penal Laws

- It is a criminal law
- Acts or omissions punishable by
special penal laws are offenses.
- It covers all crimes that are not
covered or provided in the Revised
Penal Code.
- E.g. Anti-Bouncing Check