Criminal law

CHAPTER 1

GENERAL PRINCIPLES

Q: What is criminal law?

A: Criminal Law is that branch or division of law, which

defines crimes, treats of their nature and provides
for their punishment.

Q: What is crime?

A: A crime is an act committed or omitted in violation

of a public law Diego Quin, G.R. No. l.42653, it was held
by the Supreme Court forbidding or commanding it.

Q: What is the difference between Felony, Offense,

Misdemeanor and crime?

A:
1. Felony - a crime under the Revised Penal Code
is referred to as felony. Do not use this term in
reference to violation of special law.
2. Offense- a crime punished under special law is
called statutory offense.
3. Crime- whether the wrongdoing is punished under
the Revised Penal Code or under special law. The
generic word crime can use.
4. Misdemeanour – a minor infraction of the law
such as a violation of an ordinance is referred to as
misdemeanour.

Q: What are sources of Philippine Criminal Law?

A:
1. The Revised Penal Code (Act No. 3815) and its
amendments;
2. Special penal laws passed by the Philippine
Commission, Philippine legislature, National Assembly,
the congress of the Philippines, and the Batasang
Pambansa;
3. Penal Presidential Decrees issued by Marcos during
Martial law;
4. Executive Order issued by Cory Aquino during her
Revolutionary Government;

Q: What are not the sources of criminal law?

A:
1. Court decision -are not sources of criminal law,
because they merely explain the meaning of, and
apply, the law was enacted by the legislative branch
of the Government.
2. Constitution -is not source of criminal law because
it does not define crime, nor provide for a penalty.

Q: Who has the power to define and punish crimes?

A: The state has the authority under its police power,
to define and punish crimes and to lay down the
rules of criminal procedure. States, as a part of
their police power, have large measure discretion in
creating and defining criminal offenses. (People vs.
Santiago 43 Phil 120, 124)

Q: What are the limitations on the power of the law

making body to enact penal laws?

A:
1. No ex post facto law or bill of attainder shall be
enacted. (Art 3 Sec. 22)
2. No person shall be held to answer for a criminal
offense without due process of law(Sec 14, Art 111,
1987 constitution)
3. No person shall be depriving of life, liberty, and
property without due process of law, nor shall any
person be denied the equal protection of the laws.
(Sec. 1, Art 111, 1987 constitution)
4. No law which imposes cruel and unusual
punishments or excessive fines shall be enacted.

Q: What is an ex post facto law?

A:
1. Makes criminal an act done before the passage
of the law and which was innocent when done, and
punishes such an act;
2. Aggravates a crime ,or makes it greater than it was,
when committed;
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed.
4. Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the
law required at the time of the commission of the
offender.
5. Assumes to regulate civil rights and remedies only,
in effect imposes penalty or deprivation of a right for
something which when done was lawful.
6. Deprives a person accused of a crime some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal,
or a proclamation of amnesty.(In re,Kay Villegas
Kami ,Inc,35 SCRA 429,431)

Q: What is a bill of attainder?

A: A bill of attainder is a legislative act which inflict

punishment without trial. Its essence is the substitu‐
tion of a legislative act for a judicial determination
of guilt.(People vs. Ferrer, 48 SCRA 382, 395.)

EXAMPLE:

Congress passes a law which authorizes the arrest and

imprisonment of communist without the benefit of a
judicial trial.
Q: What are the rights of the accused which may be
waived and rights which may not be waived?

A: A rights which may be waived is the right of the

accused to confrontation and cross examination.
A right which may not be waived is the right of the
accused to be informed of the nature and cause of
the accusation against him. The reason or principle
underlying the difference between right which may
be waived and right which may not be waived is that
those right which may be waived are personal ,while
those rights which may not be waived involved public
interest which may be affected(2 Moran ,Rules of
court ,1952 Edition 748)

Q: What are the characteristic of criminal law?

A:
1. GENERALITY – it is binding on all persons who live
or sojourn in the Philippine Territory (Art 14, NCC).

Q: What are the exceptions to the rule on generality of

penal law?

A: Exception brought about by;

a. Treaty stipulations

Example:
Under the RP – US visiting forces which was signed on
February 10, 1998, the Philippines agreed that.

A.1. US 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;

A.2. US exercises exclusive jurisdiction over US

personnel with regard to offenses relating to the
security of the US punishable under the law of US, but
not under the laws of RP;

A.3. US shall have primary right to exercise

jurisdiction over US personnel subject to military law
of the US in relation to.
A.3.1 .Offenses solely against the property or security
of the US or offenses solely against the property or
person of US personnel
A.3.2. Offenses arising out of any act or omission
done in performance of official duty.

b. Laws of preferential application.

Examples:

b.1. RA 75 penalizes acts which would impair the

proper observance by the Republic and its inhabitant
of the immunities, rights and privileges of duly
accredited foreign diplomatic representatives in the
Philippines.
b.2. Violation of Parliamentary immunity

C. Principles of Public International

law.

Examples:

The following persons are exempted:

c.1. Sovereigns and other chiefs of

state;

c.2.Ambassadors, ministers, plenipotentiary, minister

resident and charges the affairs

Note: Consuls, vice consuls, and other commercials

representatives of foreign nation are not diplomatic
officers; consuls are subject to the penal laws of the
country where they are assigned.

2. TERRITORIALITY- in that criminal laws undertake

to punish crimes committed within Philippine territory.

Q: What are the exceptions to the rule on territoriality

of penal laws?

A: (Art 2, RPC) that is enforceable even outside

Philippine territory against those who:
1. Should commit an offense while on a Philippine ship
or airship.
2. Should forge or counterfeit any coin or currency
note of the Philippines or obligation and securities
issued by the Government.
3. Should introduce into the country the above
mentioned obligations and securities
4. While being a public officer or employees should
commit an offense in the exercise of their functions
5. Should commit any of the crimes against national
security and law of the nations defined in title one of
book two.

3. PROSPECTIVITY- Penal laws cannot make an act

punishable in a manner in which it was punishable
when committed.

Q: What is the exception to the prospective application

of penal laws?

A: Whenever a new statute dealing with crime

establishes conditions more lenient or favorable to the
accused.

Q: What is the exception to the exception?

A: The new law cannot be given retroactive effect:

1. Where the law is expressly made inapplicable to
pending actions or existing causes of actions.
2. Where the offender is a habitual criminal
Note: the retroactive effect shall benefit the accused
even if at the time of publication of the law, a final
judgment has been pronounced and the convict is
serving sentence.

Q: What are the theories in criminal law?

A:
1. Classical theory- The basis of criminal liability
is human freewill and the purpose of penalty
is retribution it is endeavoured to establish a
mechanical and direct proportion between crime and
penalty. And there is scant regard to human element.
2. Positivist theory- The basis of criminal liability
is the sum of the social, natural and economic
Phenomena to which the actor is exposed wherein
prevention and correction are the purposes of
penalty. This theory is exemplified in the provision
regarding impossible crimes and habitual delinquency.
3. Eclectic or Mixed theory- It is a combination of
positivist and classical thinking wherein crimes that
are economic and social in nature should be dealt in
positive manner, thus, the law is more compassionate.
Ideally, the classical theory is applied to heinous
crimes, whereas, the positivist is made to work on
economic and social crime.

Q: What are the different effects of repeal of penal

law?
A:
1. If the repeal makes the penalty lighter in the new
law, the new law shall be applied, except when the
offender is a habitual delinquent or when the new law
is made not applicable to pending action or existing
cause of action.
2. If the new law imposes a 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.

Q: How are penal laws construed?

A:
1. Penal laws are strictly construed against the
Government and liberally in favor of the accused.
2. In the construction or interpretation of the
provision of the Revised Penal Code, the Spanish
text is controlling because it was approved by the
Philippine Legislature in its Spanish text.
3. No interpretation by analogy.

Q: What are the basic maxims in criminal law?

A:
1. Nullum crimen, nulla poene sine lege (there is no
crime when there is no law punishing the same)
No matter how wrongful, evil or bad the act is, if there
is no law defining the act, the same is not considered
a crime.

2. Actus non facit reum, nisi mens sit rea (the act
cannot be criminal where the mind is not criminal)

This is true to a felony characterized by dolo, but

not a felony resulting from culpa. This maxim is not
an absolute one because it is not applied to culpable
felonies, or those result from negligence.

3. 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 – the interpretations which is
lenient or favorable to the offender will be adopted.

4. Mens rea- The technical term mens rea is

sometimes referred to in common parlance as the
gravamen of the offense. To a layman, that is what
you call the bullseye of the crime. This term is used
synonymously with criminal or deliberate intent, but
that is not exactly correct. Mens rea of the crime
defend upon the element of the crime. You can only
detect mens rea by knowing the particular crime
committed.

Q: What are the various classifications of crimes?

A:
a.As to the commission
1) Dolo or felonies committed with deliberate intent
2) Culpa or those committed by means of fault

b. As to stage of execution

1) Attempted
2) Frustrated
3) Consummated

c. As to gravity

1) Grave felonies
2) Less grave felonies
3) Light felonies

d. As to count

1) Composite
2) Complex under Art 48
3) Continuing

e. Classification of felonies as to

1) Formal felonies those which are always

consummated

E.g. physical injuries

2) Material felonies -those which have a various

stages of execution.
3) Those which do not admit frustrated stage like
rape and theft

F.As to nature

1. Mala in se
2. Mala Prohibita

Q: When the old penal code took effect?

A: The old penal code, which was revised by the

committee, took effect in the Philippines on July 14,
1887, and was in force up to December 31, 1931.

Q: When was the revised penal code approved?

A: the Revised Penal code, as enacted by the

Philippine legislature, was approved on December 8,
1930.

Q: When the Revised Penal Code took effect?

A: The Revised Penal Code took effect on January 1,

1932.

Q: What is the former name of the RPC?

A: Old Spanish Penal Code

Q: What are crimes mala in se?

A: Crimes mala in se are acts or omission which are

inherently evil. Generally, crimes mala in se are
punished under the RPC.

Q: What are the crimes mala Prohibita?

A: Crimes mala prohibita are acts which are made

evil because there is a law prohibiting it. Crimes mala
prohibita generally refer to violations of special laws.

Note: Not all violations of special laws are mala

Prohibita.

Even if the crime is punished under a special law, if

the act punished is one which is inherently wrong the
same is malum in se, and therefore, good faith and
the lack of criminal intent is a valid defense; unless it
is the product of criminal negligence or culpa.

Examples of violation of mala in se are;

Piracy in Philippine water
Brigandage in the highways

Q: If the special law uses the nomenclature of

penalties in the Revised Penal Code, what is the effect
on the nature of the crime covered by the special law?

A: Even if a special law uses the nomenclature of

penalties under the Revised Penal Code that alone will
not make the act or omission a crime mala in se .the
special law may only intend the code to apply as
supplementary.

Q: What are the distinction between crimes punished

under the RPC and crimes punished under special
law?

A:
CRIMES UNDER RPC CRIMES UNDER SPL
Violation of the RPC usually involve crimes mala in
se ,Violation of special law are usually crimes mala
Prohibita

AS TO MORAL TRAIT OF THE OFFENDER

The moral trait of the offender is considered. This

is why liability would only arise when there is dolo or
culpa in the commission of the punishable act. The
moral trait of the offender is not considered; it is
enough that the prohibited act was voluntarily done.

AS TO USE OF GOOD FAITH AS DEFENSE

Good faith or lack of criminal intent is a valid

defense; unless the crime is the result of culpa. Good
faith is not a defense.

AS TO DEGREE OF ACCOMPLISHMENT OF THE CRIME

The crimes may admit attempted and/or frustrated
stages. There are no attempted or frustrated stages,
unless the special law expressly penalizes the mere
attempt frustration of the crime.

AS TO MITIGATING AND AGGRAVATING

CIRCUMSTANCES

Mitigating and aggravating circumstances are taken

into account in imposing the penalty since the moral
trait of the offender is considered. Mitigating and
aggravating circumstances are not taken into account
in imposing the penalty.

AS TO DEGREE OF PARTICIPATION

When there is more than one offender, the degree of

participation of each in the commission of the crime
is taken into account in imposing the penalty; thus,
offenders are classified as principal, accomplice and
accessory. The degree of participation of the offend‐
ers is not considered. All who perpetrated the prohib‐
ited act are penalized to the same extent. There is no
principal, accomplice, or accessory to consider.

FUNDAMENTALS AND ESSENTIALS OF CRIMINAL LAW

ARTICLE 2: Application of its provisions-except as

provided in the treaties and laws of preferential ap‐
plication. The provision 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 on Philippine ship

or airship should forge or counterfeit any coin or
currency note of the Philippines Islands or obligations
and securities issued by the Government of the
Philippines Island.
2) Should be liable for acts connected with the
introduction into these Islands of the obligation and
securities mentioned in the preceding number.
3) While being a public officer or employees, should
commit an offense in the exercise of their functions.
4) Should commit any of the crimes against National
securities and the law of the Nations, defined in title
one of book two of this code?

Q: What are the two scopes of application of the

Revised Penal Code?

A:
1) Intraterritorial – refers to application of the RPC
within the Philippine Territory
2) Extraterritorial - refers to application of the RPC
outside the Philippine territory.

Q: In what cases does the RPC have an

extraterritorial application?

A: Against those who:

1. Should commit an offense while on Philippine ship
or airship;
2. Should forge or counterfeit any coin or currency
note of the Philippine Island or obligation and
securities issued by the Government of the Island;
3. Should be liable for acts connected with the
introduction into these islands of the obligation and
securities mentioned in preceding number;
4. While being a public officer or employees, should
commit an offense in the exercise of their functions;
5. Should commit any of the crimes against national
security and law of the nation.

Q: What is a Philippine ship?

A: One that is registered in accordance with the Phil‐

ippine Bureau of customs. If the vessel is in the high
seas, it is considered as an extension of the Philippine
territory and the Philippine still has jurisdiction but it
is within the territory of another country jurisdiction
is generally with the foreign state because penal laws
are primarily territorial in application.

Q: What does Philippine territory cover?

A: The first paragraph of the RPC in Article 2

expresses the territorial Principle; Philippine territory
comprises the Philippine archipelago, its atmosphere,
the space above it, subject to aviation rights of other
countries.

During that time ,the concept of outer space is not yet

recognized that is beyond the territory of any country
there is only a certain limit in territorial waters
only a portion of the sea is considered as Philippine
territory .these are all parts of public international
law.

Q: What is the accepted radius?

A: It is used to be three miles, then it became six

now, it is twelve miles, it also covers the economic
Zone, such as Sprat ley Island. That is not part of
its Economic Zone .China, Vietnam Taiwan are also
claiming it that might be a source of war that is
Philippine Territory.

Q: What are the two recognized rules on jurisdiction

over foreign merchant vessels?

A: The French Rule and the English Rule. These rules

refer to jurisdiction of one country over its merchant
vessels situated in another country over its merchant
vessels situated in another country. These do not
apply to war vessels over which a country always has
jurisdiction.
1. French Rule- such 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 in endangered.
2. English rule- Such crimes are triable in that coun‐
try, unless they merely affect thing within the vessel
or they refer to the internal management thereof.

Note: In this country we observe the English rule

Q: What is the rule on foreign merchant vessels in

possession of dangerous drugs?

A:
1) Foreign merchant vessel in transit possession of
dangerous drugs is not punishable but use of the same
is punishable.
2) Foreign merchant vessel not in transit mere
possession of dangerous drug is punishable.

TITLE ONE
FELONIES AND CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY

Chapter one:
Felonies (Art 3-10)

ARTICLE 3: Acts and omission punishable by law are

felonies (delitos)
Felonies are committed not only by means of deceit
but also by means of fault (culpa)there is a 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.

Q: What are felonies?

A: Felonies are acts or omission punishable by the

Revised Penal Code.

Q: How are felonies committed?

A: Felonies are committed not only by means of

deceit (dolo) but also by means of fault (culpa)

Q: What are the kinds of felonies?

A:
1) Intentional felonies – the act is performed or the
omission incurred with deliberate intent or malice to
do an injury.
2) Culpable felonies the act is performed without
malice.

Q: What requisites must concur before felony may be

committed?
A: There must be.
1) Act or omission
2) Punishable by the RPC
3) The act is performed or the omission incurred by
means of dolo or culpa.

Q: What are the distinction between intentional

felony and culpable felony?

INTENTIONAL FELONY
Act is malicious

With deliberate intent

Has intention to cause injury

CULPABLE FELONY

Not malicious

Injury caused is unintentional being incident of

another act performed without malice.

Wrongful act results from imprudence, negligence,

lack of foresight or lack of skill.
Last modified: 14 Feb 2019