law of preferential treatment like Art. 6, Sec.

11 of the Constitution granting parliamentary

immunity to members of Congress.

(b) Territoriality – criminal law undertakes to punish crimes committed only within Philippine
territory.

LECTURE IN CRIMINAL LAW II

Criminal Law II (Lesson 1)

criminal law II (lesson1)

A. PRELIMINARY CONSIDERATIONS

1. CRIMINAL LAW, definition – branch or division of public law which defines crimes, treats
of their nature and provides for their punishment.

Note: CRIME VS. FELONY  - A crime is an act committed or omitted in violation of a public
law forbidding or commanding it while a felony is an act or omission punishable by the Revised
Penal Code (RPC).

Note: FELONIES – are commited by means of (i) deceit (dolo) as when the act is performed
with deliberate intent or (ii) fault (culpa) as when the wrongful act results from (Art. 3, [2] and
[3], RPC).

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2. SOURCES OF PHILIPPINE CRIMINAL LAW –

 

(a) RPC (Act 3815) effective January 1, 1932 and its amendments; (b) special laws defining acts
and providing penalties for them passed by the legislative department of the Philippine
government;

(c) PDs of Pres. Ferdinand Marcos; (d) EOs of President Corazon Aquino.

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3. MAIN CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW –

(a) Generality – Philippine criminal laws are binding on all persons who live/sojourn in the
Philippines regardless of creed, religion, sex or nationality so long as you reside in Philippine
territory.

Note: Exceptions –

(i) immunity granted to sovereigns and other chiefs of states, ambassadors, ministers
plenipotentiary, minister residents and charges d’affaires;

(ii) criminal exemptin based on treaty stipulations;

(iii) law of preferential treatment like Art. 6, Sec. 11 of the Constitution granting parliamentary
immunity to members of Congress.

(b) Territoriality – criminal law undertakes to punish crimes committed only within Philippine
territory.

 
Note: Exceptions –

(i) those who commit an offense while on a Philippine ship or airship; (ii) those who forge or
counterfeit any coin or currency note of the Philippines or obligations and securities issued by
the Government of the Philippines;

(iii) those liable for acts connected with introduction into Philippines of obligations and
securities mentioned in the preceding number; (iv) those who, while being public officers or
employees, should commit an offense in the exercise of their functions; or

(v) those who commit any of the crimes against national security and the law of nations defined
in Title One of Book 2 of the RPC (Art. 2, RPC).

(c) Prospective – Penal laws cannot make an act punishable when it was not punishable when
committed.

Note: Exception – Retroactive effect when favorable to a person guilty of a felony who is not a
habitual delinquent (Art. 22, RPC).

Note:  See Rule 5, Art. 62 for habitual delinquency.  

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4. CLASSIFICATION OF FELON