I.

REVISED PENAL CODE - BOOK I

A. General principles
1. Mala in se vs. mala prohibita

2. Applicability and effectivity of the RPC

a. Generality
b. Territoriality
c. Prospectivity

1. Generality
GR: Penal laws and those of public security and safety shall be obligatory upon all who
live or
sojourn in Philippine territory, subject to the principles of international law and to treaty
stipulations. (Article 14, Civil Code of the Philippines)(BAR 2015)
XPNs:
a. Treaty stipulations and international agreements, e.g. RP-US Visiting Forces
Accord.
b. Laws of Preferential Application, e.g. RA75 penalizes acts which would impair the
proper observance by the Republic and its inhabitants of the immunities, rights, and
privileges of duly-accredited foreign diplomatic representatives in the Philippines. (BAR
2014)
c. The principles of public international law.
d. Members of the Congress are not liable for libel or slander in connection with any
speech delivered on the floor of the house during a regular or special session (1987
Constitution, Art. IV, Sec. 11).
e. Public vessels of foreign friendly power.
f. Members of foreign country stationed inthe Philippines with its consent.
Examples:
i. Sovereigns and other Chiefs of States.
ii. Ambassadors, ministers, plenipotentiary, ministers resident,
and charges d’ affaires.
NOTE: Only the heads of the diplomatic missions, as well as members of the
diplomatic staff, excluding the members of administrative, technical and service
staff, are accorded diplomatic rank.
A consul is not entitled to the
privileges and immunities of an
ambassador or minister
Consuls, vice-consuls, and other commercial representatives of foreign nation are NOT
diplomatic officers. Consuls are subject to the penal laws of the country where they are
assigned(Minucher v. CA, G.R. No. 142396, February11, 2003).
2. Territoriality
GR: The penal laws of the country have force and effect only within its territory. (BAR
1994)
XPNs: Art. 2 of the RPC (BAR 2000)
1. Should commit and offense while on a Philippine ship or airship (fact of
registration is in 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 (Art.
163 & 166);
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding 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
(Art. 114-123).
Extraterritoriality
It means the law will have application even outside the territorial jurisdiction of the
state. (Gapit, 2013)
3. Prospectivity/Irretrospectivity
GR: Acts or omissions classified as crimes will be scrutinized in accordance with the
relevant penal laws if these are committed after the effectivity of those penal laws.
The law enforced at the time of the commission of a certain crime should be
applied. Article 366 provides that crimes are punished in accordance with the law in
force at the time of their commission. (Gapit, 2013)
NOTE: Lex Prospicit, Non Respicit means the law looks forward, never backward.
XPN: Penal Laws shall have a retroactive effect insofar as they favor the persons guilty
of a felony, although at the time of the publication of such laws a final sentence has
been pronounced and the convict is serving the same (RPC, Art. 22).
XPNs to the XPN: The new law cannot be given retroactive effect even if favorable to
the accused:
a. When the new law is expressly made inapplicable to pending actions or
existing causes of actions (Tavera v. Valdez, G.R. No. 922, November 8, 1902).
b. When the offender is a habitual delinquent as defined in Rule 5 in Art. 62
of RPC (RPC, Art. 22)
2. Pro reo principle
Doctrine of Pro Reo – Whenever a penal law is to be construed or applied and the law
admits of two interpretations, one lenient to the offender and one strict to the offender,
that interpretation which is lenient or favorable to the offender will be adopted.