CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

1

CRIMINAL LAW branch or division of law which defines
crimes, treats of their nature, and provides for
their punishment.
- Deals with the relation of the individual to the
State.
- It is substantive because it defines the States
right to inflict punishment and the liability of the
offenders, as distinguished from criminal
procedures.

CRIME An act committed or omitted in violation of
public law forbidding or commanding it.
HOW TO DEFINE A CRIME:
(1) What particular act constitutes the crime
(2) What are the elements of the act

CRIMINAL PROCEDURE body of rules that enforces or
regulates Criminal Laws provides for prosecution and/or
conviction of an accused.

PENAL LAWS acts of legislature which prohibits certain acts
and establishes penalties for their violations.

FELONY a crime punished under the revised penal code.

OFFENSE a crime punished under a special law; a statutory
offense

MISDEMEANOR a minor infraction of the law, such as a
violation of an ordinance.

SOURCES of PHILIPPINE CRIMINAL LAW
1. Revised Penal Code
2. Special Penal Laws by:
a. Philippine Commission
b. Philippine Assembly
c. Philippine Legislature
d. National Assembly
e. Congress of the Philippines
f. Batasang Pambansa
3. Penal Presidential Decrees using Martial Law

Court decisions are not sources of criminal law, because they
merely explain the meaning of, and apply, the law as enacted
by the legislative branch of the government.

The State (police power) has the authority to define and punish
crimes and to lay down the rules of criminal procedure.

LIMITATIONS ON THE POWER OF THE LAWMAKING BODY
TO ENACT PENAL LEGISLATION

1. Ex post facto law or bill of attainder shall not be
enacted.
*Ex post facto law makes criminal an act done
before the passage of the law and which was
innocent when done, and punishes such an act.
- Aggravates a crime, or makes it greater than it was,
when committed
- Changes the punishment and inflicts greater
punishment than the law annexed to the crime
when committed
- Alters legal rules of evidence, and authorizes
conviction upon less or different testimony than the
law requited at the time of the commission of an
offense.
- Assumes to regulate civil rights and remedies only
but in effect imposes a penalty or deprivation of a
right which when done was lawful.
- Deprives a person accused of a crime some lawful
protection to which he has become entitled.

Bill of Attainder an act which would inflict
punishment without judicial trial. It offends against
the due process clause and has the features of ex
post facto law. It is a violation of judivial function by
the legislative.

2. No person shall be held to answer for a criminal
offense without due process of law.
It requires that criminal laws must be of general
application and must clearly define the acts and
omissions punished as crimes.

Characteristics of Criminal Law
I. GENERAL binding on all persons who live or
sojourn in the Philippine territory.
- Refers to persons covered by penal
laws.
NOTE:
The Philippines is a sovereign state and it
punishes persons for offenses committed
within its territory regardless of the nationality
of the offender.
Heads of States and Diplomatic
representatives are not subject to the
Philippine territorial jurisdiction.

a. Jurisdiction of the civil courts is not affected
by the military character of the accused.

b. Civil courts have concurrent jurisdiction with
general courts martial over soldier of the
armed forces of the Philippines.
Civil courts jurisdiction extend to the following:
CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

2

1. Murder cases committed by persons
subject to military law
2. Military courts or general courts-martial
over soldiers of the Armed Forces of the
Philippines
3. Offenses of malversation committed by an
army finance officer.
4. Even in times of hour, civil courts have
concurrent jurisdiction with the military
courts or general courts-martial over
soldiers of the Philippine Army, provided
that in the place of the commission of the
crime no hostilities are in progress and civil
courts are functioning.

c. Revised Penal Code or other penal law is not
applicable when the military court takes
cognizance of the case.

d. Jurisdiction of military courts

e. The prosecution of an accused before a court-
martial

f. Offenders accused of war crimes are tribal by
military commission.

EXCEPTIONS TO THE GENERAL APPLICATION OF
CRIMINAL LAW
1. Article 2 of the Revised Penal Code stating: the
provisions of this Code shall be enforced within the
Philippine Archipelago, except as provided in the
treaties and laws of preferential application.
LAW OF PREFERENTIAL APPLICATION
RA No. 75 may be considered as law of preferential
application in favor of diplomatic representative and
their domestic servants.
2. Article 14 of the new Civil Code provides: penal laws
and those of public security and safety shall be
obligatory upon all who live or sojourn the
Philippine territory, subject to the principles of
public and international law and to treaty
stipulations.
TREATY or TREATY STIPULATIONS
Examples:
BASES AGREEMENT entered into by and between the
Republic of the Philippines and the USA on March 14,
1947 (expired on September 16, 1991) stipulating
that the Philippine consents that the US have the
right to exercise jurisdiction over the ff:
a. Any offense committed by a person within the
base except when the both parties are Filipino
citizen or the offense is against the security of
the Philippines.
b. Any offense committed outside the base by any
armed forces of the US which is the offended
party is also a member of the armed forces of
the US
c. Offense committed by a US army member
against the security of the US
VISITING FORCES AGREEMENT was signed on
February 10, 1998 between the US and Phil contains:
a. US military authorities shall have the right to
exercise within the Philippines all criminal and
disciplinary jurisdiction conferred on them by the
military law of the US over US personnel in RP
b. US authorities exercise exclusive jurisdiction over
US personnel
c. US military authorities shall have the primary
right to exercise jurisdiction over US personnel
subject to the military law of the US.

PERSONS EXEMPTED from the Operation of the
Criminal Laws by Virtue of the Principles of public
international law.
1. Sovereigns and other chiefs of state.
2. Ambassadors, ministers, plenipotentiary,
ministers resident, and charge daffairs,
domestic servants of the persons mentioned

A CONSUL is not entitled to the privileges and
immunities of ambassador or minister because they
represent the business, commercial mercantile
interests of their country of origin.

*WARSHIP RULE
- A warship of another country, even though docked in
the Philippines is considered an extension of the
territory of its respective country.
- Acts done within a warship of another country cannot
be subjected to the criminal law of the Philippines.

*EMBASSIES
- Considered as extensions of their respective countries
thus, making them subject to their own laws.

II. TERRITORIAL criminal law undertake to punish
crimes committed within Philippine territory.
It means that penal laws of the Philippines are
enforceable only within its territory.
- Refers to place where the law is
applicable.
CRIME offense against the dignity, authority and
sovereignty of the Philippine territory.
COMPONENTS OF A CASE
CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

3

1. Criminal Aspect seeks the imposition of penalty
provided by law
2. Civil Aspect for the interest of the offended
party: to seek payment of damages or for
indemnify
*Role of offended party to act as witness for the
government
*Compromise agreements affidavit of
desistance (has to be signed by the prosecution)

EXTENT of Philippine territory for purposes of criminal
law
1. Art. 2 of the Revised Penal Code
- Provisions of the said code shall be enforced
within the Philippine Archipelago.
2. Art. 1 of the 1987 Constitution.

EXCEPTIONS to the territorial application of criminal
law
1. Should commit an offense while on a Philippine ship
or airship
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should
commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title
One of Book Two of this Code.

III. PROSPECTIVE a penal law cannot make an act
punishable in a manner in which it was not
punishable when committed. Crimes are
punished under the laws in force at the time of
their commission.
- Time when the law should be
applied.

EXCEPTIONS to the prospective application of criminal
laws.
Whenever a new statute dealing with crime establishes
conditions more lenient or favorable to the accused, it
can be given a retroactive effect.
This exception has no application if:
a. When the new law is expressly made inapplicable to
pending actions or existing causes of action.
b. Where the offender is a habitual criminal

REPEALS
1. ABSOLUTE or EXPRESS
- The effect is decriminalization
- The obliteration of a crime
- For pending cases, the case shall be dismissed.
- For those serving time, they shall be released
because there is no more reason for the accused
to serve time.

2. PARTIAL or IMPLIED
- The crime is still punishable but modified

3. SELF-REPEALING
- Is deemed repealed upon expiration of the date
specified by the law
- Law dies a natural death

Different EFFECTS of Repeal of Penal Law
1. If the repeal makes the penalty lighter in the new
law, the new law will be enforced, except when the
offender is a habitual delinquent.
2. If the new law enforces heavier penalty, the law in
force at the time of the commission of the offense
shall be applied.
3. If the new law totally repeals the existing law so
that the act which was penalized under the old law is
no longer punishable, the crime is obliterated.

THE REVISED PENAL CODE
(Act No. 3815, as amended)
BOOK 1

HISTORY of the REVISED PENAL CODE
Administrative Order No. 94 created the committee on
October 18, 1927 to revised the Penal Code , taking
into consideration the existing conditions , the special
penal laws and the rulings laid down by the Supreme
Court.
Enforced on December 31, 1931 and took effect on July
14, 1887

ARTICLE 1. Time when Act takes effect. This Code shall
take effect on the first day of January, nineteen hundred and
thirty two.

Theories in Criminal Law
1. Classical
a. Basis of criminal liability
i. Human free will and the purpose of the
penalty is retribution.
CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

4

ii. Man is essentially moral creature with an
absolutely free will to choose between good
and evil, therby placing more stress upon
the effect or result of the felonious act than
upon the man, the criminal himself.

b. Purpose of penalty
i. Scant regard to the human element
ii. Objective is retribution
iii. Eye for a eye, a tooth for a tooth

c. Determination of Penalty
i. Established by a specific and predetermined
penalty for the offense committed.
ii. Penalty is mechanically determined in direct
proportion to the crime committed.

d. Emphasis on the law
i. On the offense (crime) not on offender

2. Positivist
a. Basis of criminal liability
i. Man is subdued occasionally by a strange
and morbid phenomenon which constrains
him to do wrong, in spite of or contrary to
his volition
ii. Man is inherently good but the offender is
socially sick.
iii. He is a product, not only of biological
factors, but also of his environment.
iv. His thought and actions are influenced by
his upbringing, social environment, and
associations.
b. Purpose of the penalty
i. Objective is reformation
ii. Penalty should be corrective or curative to
bring him back to good nature.
c. Emphasis of the law
i. Emphasis is on the criminal

3. MIXED or ECLECTIC
a. Combines the classical and the positivist
b. Applies the classical theories for heinous crimes
c. Applies the positivist for economic and social crimes

NOTE:
Nullen crimen nulla poena sine lege there is no crime when
there is no law that defines and punishes it.
The Philippines is a civil law country (as against the
common law country where laws are evolved.) Penal laws are
enacted hence, no matter how heinous is an act, it is not
considered a crime unless there is a law that punishes it.

All laws must be interpreted liberally in favor of the
accused and strictly against the State. This is because it
is the State which drafted and prescribed the law,
hence, the ambiguity,the law must be read, interpreted
and construed against the State.

EQUIPOISE RULE - if the inculpatory facts and
circumstances are capable of two or more
explanations, one of which is consistent with the
innocence of the accused and the other consistent with
his guilt, then the evidence does not fulfill the test of
moral certainty, and does not suffice to produce a
conviction, the same must be denied.

ARTICLE 2: Application of its provisions. - Except as
provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine
ship or airship
a. The Philippine vessel, although beyond three
miles from the shore, is considered a part of
the National territory.
b. A Philippine vessel or aircraft must be
understood as that which is registered in the
Philippine Bureau of Customs.
c. Not applicable to vessels not registered to
the Philippines.
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding
number;
4. While being public officers or employees, should
commit an offense in the exercise of their
functions; or
Crimes that may be committed in the exercise of
public functions are the ff:
a. Direct Bribery
b. Indirect bribery
c. Frauds against the public treasury
d. Possession of prohibited interest
e. Malversation of public formula
f. Failure to accountable officer to render
accounts
g. Illegal use of public funds or property
CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

5

h. Failure to make delivery of public funds or
property
i. Falsification by a public officer or employee
committed with abuse of his official position.

5.Should commit any of the crimes against national
security and the law of nations, defined in Title One
of Book Two of this Code.

IMPORTANT WORDS:
1. Except as provided in the treaties and laws of
preferential application.
2. Its atmosphere
- Extend to all air space which covers its territory
3. Interior waters
- includes creeks, rivers, lakes and bays, gulfs, straits,
coves, inlets and roadsteads lying wholly within
three-mile limit.
4. Maritime zone

RULES as to JURISDICTION over CRIMES committed abroad
foreign merchant vessel.
1. French Rule crimes are not triable in the courts of that
country, unless their commission affects the peace
and security of the territory or the safety of the state
is endangered
- Emphasis is on the nationality of the vessel;
jurisdiction lies where the merchant vessel is
registered.
2. English Rule crimes are triable in that country, unless
thy merely affect things within the vessel or they refer
to the internal management thereof.
- The emphasis is on territoriality of the vessel; where
the vessel is found

FELONIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILTY
Chapter One
FELONIES

ARTICLE 3. Definition - Acts and omissions punishable by
law are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack
of skill.

ELEMENTS of FELONIES
1. There must be an act or omission.
2. Act or omission must be punishable by the Revised Penal
Code
3. Act performed or the omission incurred by means of
dolo or culpa

ACT any bodily movement tending to produce some
effect in the external world that constitutes a felony
*The act must be external because the internal acts are
beyond the sphere of penal law.

OMISSION - means inaction, the failure to perform a
positive duty which one is bound to do. There is a law
requiring the doing or performance of an act.
Examples:
1. Anyone who fails to render assistance to any person
whom he finds in an uninhabited place wounded or in
danger of dying, is liable for abandonment of persons
in danger.
2. Fails to issue receipts.

PUNISHABLE BY LAW - based upon the maxim, nullen
crimen, nulla poena sine lege, there is a crime where there
is no law punishing it.
- Punished by the Revised Penal Code and not by a
special law.

CLASSIFICATION OF FELONIES ACCDNG TO THE MEANS By
WHICH THEY ARE COMMITTED.
1. Intentional the act or omission of the offender is
malicious. It is performed with deliberate intent,
which must necessarily be voluntary.
2. Culpable the act or omission is not malicious but
voluntary. The injury cause is unintentional, it being
simply incident of another act performed without
malice. Wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
IMPRUDENCE indicates deficiency of action
*If a person fails to take the necessary precaution to
avoid injury to person or damage to property.
*Imprudence usually involves lack of skill
NEGLIGENCE indicates deficiency of perception
*If a person fails to pay proper attention and to use
due diligence in foreseeing the injury or damage
impending to be caused.
*Negligence usually involves lack of foresight

FELONIES Committed by means of DOLO or with MALICE
DOLO or Dolus is equivalent to malice, which is the
intent to do an injury to another.
INTENT refers to the use of a particular means to bring
about the desired result.

CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

6

Criminal intent is necessary in felonies committed by
means of dolo because:

Actus non facit rem nisi mens sit rea the act itself does
not make a man guilty un less his intention were so.

Actuse me invite no est merus actus, an avt done by me
against my will is not my act.

REQUISITES of a DOLO
1. He must have FREEDOM while doing the act
- Under the compulsion of some irresistible force;
fear of greater injury;
2. HE must have INTELLIGENCE while doing the act
- No intelligence, no criminal liability; e.g. children 15
years old below are exempt from criminal liability.
3. He must have INTENT while doing the act
- Essential to a felony; prosecution has to prove
intent; good faith is a defense.

*ALIBI used in defense saying that the act or omission was
not done at all; intends to disprove the existence of an act or
omission; weakens defense; can easily fabricated

FELONIES committed by means of FAULT or CULPA
Performed without malice, but at the same time
punishable, though a lesser degree and with an equal result, an
intermediate act which the Penal Code qualifies as imprudence
or negligence.

REQUISITES of a CULPA
1. He must have FREEDOM while doing the act
2. HE must have INTELLIGENCE while doing the act
3. He is IMPRUDENT, NEGLIGENT or LACKS FORSIGHT or SKILL

*A criminal act is presumed to be voluntary, Fact prevails over
assumption, and in the absence of indubitable explanation, the
act must be declared voluntary and punishable.

THREE REASONS WHY THE ACT OR OMISSION IN FELONIES
MUST BE VOLUNTARY
1. The Revised Penal is based from Classical Theory
2. Act or omissions punished by law are always deemed
voluntary
3. In felonies by dolo, the act is done with deliberate malice; If
felonies by culpa, the act is done without malice. But both
acts are voluntary.

MISTAKE OF FACT
Ignorance or mistake of fact relieves the accused from criminal
liability.
REQUISITES:
1. The act done would have been lawful had the facts been
as the accused believed them to be
The act done would not constitute a felony had the facts been
as the accused believed them to be.
2. The intention of the accused in performing the act should
be lawful
3. The mistake must be without fault or carelessness on the
part of the accused.

CLASSES OF CRIMES
1. INTENTIONAL FELONIES
2. CULPABLE FELONIES
3. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS

*Dolo is not required in crimes punished by special laws.
When the crime is punished by a special law, as a rule, intent to
commit the crime is not necessary. It is sufficient that the
offender has the intent to perpetrate the act prohibited by the
special law.
Intent to commit and act there must be criminal intent
Intent to perpetrate - it is enough that the prohibited act
is done freely and consciously.

Good faith and absence of criminal intent not valid
defenses in crimes punished by special laws

MALA IN SE and MALA PROHIBITA
Mala in se wrongful from their nature such as theft,
rape, homicide
- Serious in effects on society as to call for almost
unanimous condemnation of its members;
- Intent is essential
- Good faith is a valid defense
- Honest mistake of fact is a defense
- Punishable under RPC
- Condemned by society
- The act done must be with criminal intent

Mala prohibita wrong merely because it is prohibited
by statute, such as illegal possession of fire arms.
- Violations of mere rules of convenience designed to
secure a more orderly regulation of the affairs of
society.
- Intent is not essential
- Good faith is not a defense
- Honest mistake is not a defense
- Punishable by special penal laws
- Injurious to public welfare
- It is sufficient that the prohibited act was done

MOTIVE special reasons that impel the accused to act

CRIMINAL LAW 1 ERNESTINE EUSEBIO [ ]

7

- moving power which impels one to action for a
definite result.
- It is essential only when there is doubt as to the
identity of the assailant.
- Where there are no eyewitnesses to the crime, and
where suspicion is likely to fall upon a number of
persons, motive is relevant and significant.
- If the evidence is merely circumstantial, proof of
motive is essential.
- Proof of motive is not indispensible where guilt is
otherwise established by sufficient evidence.
INTENT the purpose to use a particular means to effect
such result.

DISCERNMENT ability of the acussed to determine
right from wrong
EXAMPLES of MALUM PROHIBITION CRIMES DEFINED
BY LAW
1. BP 22: anti-bouncing checks law
2. BP 881: violation of election law
3. RA 8294: illegal possession of firearms
4. PD 705: revised forestry code
5. RA 6425: as amended by RA 9165: comprehensive
dangerous drug act
6. Labor Code: anti-illegal recruitment
7. RA 1612: anti-fencing law
8. RA 9262: anti-violence against women and children
act
9. RA 6235: anti-hijacking law, anti-hazing law, anti-
human trafficking law, anti-sexual harassment law
ARTICLE 4. Criminal Liability - Criminal liability shall be
incurred:
1. By any person committing a felony (delito) although
the wrongful act done be different from that which
he intended.
2. By any person performing an act which would be an
offense against persons or property, were it not for
the inherent impossibility of its accomplishment or
an account of the employment of inadequate or
ineffectual means.

Criminal liability incurred by any person in the cases
mentioned in the two par of Art. 4

CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT
FROM WHICH THE OFFENDER INTENDED AS
CONTEMPLATED IN ART. 4 (1)
1. There is a mistake in the identity of the victim
-also known as error in personae; or
napagkamalan
-not a defense in criminal case; not even a
mitigating circumstance
2. There is a mistake in the blow
- also known as aberration ictus
- not a defense in a criminal case; not even a
mitigating circumstance
3. The injuries result is greater than that intended
- also known as praeter intentionem