REVISED PENAL CODE and OTHER

RELATED SPECIAL PENAL LAWS

BOOK ONE
FUNDAMENTAL PRINCIPLES
Criminal Law is a branch or division
of law which defines crimes, treats of
their nature, and provides for their
punishment (Reyes, The Revised
Penal Code: Book One, 18th Edition,
2012 [hereafter Reyes, Book One,
2012], p. 1).
Crime the generic term used to refer
to a wrongdoing punished either under
the Revised Penal Code or under the
special law; an act committed or omitted
in violation of a public law forbidding or
commanding it (I Bouviers Law
Dictionary, Rawles Third Revision,
729).
Felony an act or omission punishable
by the Revised Penal Code (Article 3,
RPC)
Offense an act or omission violative of
a special law; i.e. any law other than the
RPC
Misdemeanor a minor infraction of
law
Legal Maxims
1. Nullum crimen nulla peona sine lege
there is no crime when there is no
law that defines and punishes it
2. Actus non facit reum, nisi mens sit
rea The act cannot be criminal
unless the mind is criminal
3. Actus me invite factus non est meus
actus An act done by me against
my will is not my act
4. El que es causa de la causa es
causa del mal causadao He who
is the cause of the cause is the
cause of an evil caused
5. In dubio, pro reo When in doubt,
for the accused
Note: Whenever a penal law is to
be construed or applied and the law
admits two interpretations one is

lenient as to the offender and the other

is strict that interpretation which is
favorable to the offender will be
adopted.
Constitutional limitations on the
power of Congress to enact penal
laws
Section 1 of Article III, 1987
Constitution No person shall be
deprived of life, liberty, or property
without due process of law nor shall any
person be denied the equal protection of
the laws.
Due process, whether substantive or
procedural, can be described as
compliance with the requirements of fair
play, or the right of any person to be
given notice and be heard before he is
condemned for an act or omission
defined and punished by law (twin
requirements of notice and hearing)
(Boado, Notes and Cases on the
Revised Penal Code: Books 1 and 2
and Special Penal Laws, 2012 Edition
[hereafter Boado, 2012], p. 1).
What is the effect of violation of the
due process clause?
In Guevarra vs, Sandiganbayan,
G.R. No. 138792804, March 31, 2005,
the Sandiganbayan ordered the
dismissal of 13 cases against petitioners
over the objection of the Special
Prosecutor. By such order, the court
deprived the People of its right to due