Criminal Law
compel him or force him to commit crimes
As public involves state power of the state
in the relation of the rights of the
individuals; penalties acts or commission
As private- governs the relationships of
persons
Examples of public law:
Constitutional law 1 powers and the
organization of the state; rights of the state
Constitutional law 2 rights of the
individuals
Ombudsman criminal case where public
officers involved
A criminal case without private
complainant:
Criminal law part of substantive law.
- Defines rights and obligations
whereas procedural / remedial laws
define the processes on which these
rights may be protected/ enforce
- Generally substantive law is applied
prospectively
- Passed by congress
Procedural law applied retroactively.
-
Criminal procedure
- How criminal cases may be file
decided or appealed
Crime punishable by any law
Felonies- punishable by the RPC
Sources of Law
-RPC
-Special Penal Laws
-Penal Presidential Decrees
- Local Ordinances
POSITIVIST external circumstances that
RPC ECLETIC mixed of classical and
positivist.
Basis of power of the state to punish crime
is base on the powers of the state:
- taxation
- Police power
- Eminent domain
Police power article 2 section 5
The law used People of the Philippines
because the status of the PH is not clear.
Are we a territory, or a state?
Not expressly repealed.
Can be still be applied in penalizing.
The limitations of criminal law:
Is under Article III section 22 of the
constitution:
no ex post facto or bill of attainder shall be
enacted
Forms of the Ex post facto Law:
Reyes page 2
Bill of Attainder:
-punishment without trial
-if by mere membership by a certain org can
be penalized without the need of due
process.
Bill of rights were bases on the United
States.
Characteristics of Criminal law
General binding on all persons who live
and sojourn in the Philippine territory.
Under the new law special penal code etc. court of the person as long as it does not
will apply to all people affect the person
-if it happens it like French ship
Exceptions: jurisdiction has with the French

Treaty stipulations English theory- where the ship is subject to

Laws of prefential application exceptions

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-political
-jurisdictional to other country September 18, 2017

ACT OR OMISSION UNDER US Retroactivity of the Penal Laws

LAW NOT CRIME IN THE PH
-US WILL RULE Prospective can be provisionally dismissed.
Lacson Case:
ACT OR OMISSION DEFINE A CRIME UNDER
PH BUT NOT IN US Crime is less than 6 years the case must be
-PH JURISDICTION revived one year

ACT OR OMISSION ARE BOTH CRIME IN PH More the 6 years the case must be revived
AND US at two years
-before committed in the base US has
jurisdiction Read Ortega vs People

acts define as crime under the RPC and Favorable to the excuse that is why he is
crime under US Law? acquitted.
Who will exercise under the law
The law is clear there will be no
ACT 75 interpretation.
RA 7055
If there is conflict between Spanish and
Penal law will apply only within the English, Spanish text will prevail.
Philippine territory
If the court finds the penalty not
Extra territorial application proportionate ; the court will imposed
according to law.
Two theories:
The court is still required to imposed
Common law penalty and recommend that it is too heavy;
Civil law (article 5)

French theory what happened in the ship the repeal will not take effect when the
does not concern the tranquility of the decision is already final
Elements of criminal law

actus reus

elements of BP 22
the check must be issued on account or on
value

mala prohibita cases

-the court must determine that the court
has an intent to commit the crime
(US. Vs. Go Chico)

generally crimes defines accoriding to

special penal laws are mala prohibita

Plunder exception mallum prohibita

because requisites for RPC are present
Exeptions
Mala In SE
Crimes to be defines PRC
Exceptions

Mala in Prohibita
Crimes defined under special laws
Memorize the difference
The act in not inherently evil but penalized
by aggravating and mitigating
circumstances

Mitigating Circumstances

Aggravating Circumstances

Crimes involving moral turpitude