1.

Criminal Law
Is a branch of public law which defines criminal offenses and prescribes specific punishment for
them (Boado, 2012) It treats of acts or omission of the citizens which are deemed primarily as
wrongs against the statute more than the offended party. (Reyes, 2021).

2. Limitations of Congress to enact Penal Laws

The following articles on Article III entitled Bill of rights imposes the legislative limitation
to enact penal laws.

1. Art III, Sec 1 of the 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 has two components

a. substantive due process pertains to the intrinsic validity of the law.
b. Procedural due process consists of two basic rights of notice and hearing

2. Art III, Sec 19 Par 1

Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.

3. Art III, Section 22. No ex post facto law or bill of attainder shall be enacted.

The following are characteristics of an Ex post facto law.

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 offense;
5. Assumes to regulate civil rights and remedies only, [but] 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.
[Reyes, 2021.The Revised Penal Code citing In re: Kay Villegas Kami, Inc.]

3. The three characteristics of Criminal law

Generality
The 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 public international law and to
treaty stipulations (Article 14, New Civil Code). An additional exception stated in Article 2 of the
Revised Penal Code are laws of preferential application.

Territoriality
Based on Article 2 of the RPC “The provision of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone”.
However, there are exceptions to the territoriality characteristic of Criminal law, hence the
following acts are punishable even committed outside of the Philippine territory as stated in
Article 1 of the 1987 Constitution.

1. Should commit an offense while on a Philippine ship or airship;

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;

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, defined in
Title One of Book Two of this Code.

Prospective
The principle of prospectivity of Criminal law is mainly based on Article 21 of the Revised Penal
Code which says “No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. In consonance with Article 366 of the same code thereinto “Application of Laws
Enacted Prior to this Code. — Without prejudice to the provisions contained in article 22 of this
Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code
shall be punished in accordance with the Code or Acts in force at the time of their commission”

4. Retroactive Effect of Penal laws in relation to the liability of the offender

The effect of a repealed penal law makes the liability of the offender lighter, provided that the
offender is not a habitual criminal. The Article 22 of the Revised Penal Code which stated
“Retroactive Effect of Penal Laws. — Penal laws shall have a retroactive effect in so far as they
favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5
of article 62 of this Code, although at the time of the publication of such laws a final sentence
has been pronounced and the convict is serving the same. An enactment of a penal law that is
unfavorable to the accused is an ex post facto law. The retroactive effect can be applied while
the accused is on trial, before the commencement of sentence as well as on its pendency.

5. Two theories in Criminal Law

Classical Theory believes that the basis of criminal liability is human free will and the
purpose of the penalty is retribution. It focuses on the effect of the act because
inherently a moral man has an absolute free will to choose between good and evil
(Reyes, 2012). While, Positivist theory subscribes that man is in inherently good nature
 but the offender is socially sick. Penalty is imposed because the offender can be
reformed (Boado, 2012).

6. Penal Laws are strictly construed against the government and liberally in favor of the
accused (Reyes, 2021 citing in Re Us V. Abad Santos 36 Phil .243; People v Yu Hai, 99
Phil.278). In relation to Article III Section 14 Par (2) In all criminal prosecutions, the
accused shall be presumed innocent until the contrary is proved. The stated which
drafted and prescribed the law, hence in case of ambiguity, the law must be read,
interpreted and construed against the state (Boado, 2012)
7. Doctrince of Pro Reo
The fundamental principle in applying and interpreting criminal laws, including the Indeterminate
Sentence Law, is to resolve all doubts in favor of the accused. In dubio pro reo. When in doubt,
rule for the accused. This is in consonance with the constitutional guarantee that the accused
ought to be presumed innocent until and unless his guilt is established beyond reasonable
doubt.6 ( Justice Coona, separate opinion, G.R. No. 173473 – PEOPLE OF THE
PHILIPPINES versus BETH TEMPORADA)

Nullum crimen nulla poena sine lege.

Means there is no crime where there is no law punishing it.

actus reus non facit reum nisi mens sit rea

an act is not necessarily a guilty act unless the accused has the necessary state of mind
required for that offence. Since intent is an essential element of intentional felony (dolo), when
the accused acted in good faith, there is no crime committed. This maxim therefore applied to
doo and not to culpa. The error of the accused may be one of the heart and not of the mind that
would render them criminally liable. (Boado, 2012 cited in Llamoso v Sandiganbayan, G.R. nos
L-63408 & 64026, Aug 7, 1985; People v Pepito, G.R. Nos. 112761-65, Feb 3,1997)

8. Differentiate Mala in Se from Mala Prohibita

Mala in se are act or omissions that are wrong in their very nature while Mala prohibita are
violations of mere rules of convenience designed to secure a more orderly regulation of the
affairs of the society. Violations of the Revised penal code are mostly classified under Mala in
se, while special penal laws are crimes that are Mala prohibita in nature. Intent of the act is
highlighted in Mala in se, while it is immaterial in Mala prohibita. Since intent is an element in
Mala in se, the following are considered in prosecuting acts that are classified as Mala in se or
felonies committed under the RPC
a. Degree of participation base on Title II, Article 16, 17, 18 and 19 of RPC.
b. Article 62 of RPC. Effects of attendance of mitigating, aggravating cirscumstances,
and habitual delinquency
c. Stages of execution based Article 6 of RPC- Consummated, frustrated and
attempted felonies
Most, if not all, of the acts alone are punished, hence good faith and absence of criminal intent
are not valid defenses to offenses that are classified as mala prohibita.

9. Felony, Offenses and Infraction

Felonies are acts and omissions punishable by laws (Art III, Revised Penal Code). The term
“laws” hereinto refers to the Revised Penal Code. While the term offenses are those violations
of provisions of special penal statutes (Reyes, 2021). Lastly infractions pertains to acts
punished by ordinances (Boado, 2012).

10. Felonies

As per Article III of the Revised Penal Code, “Felonies are committed not only by means of
deceit (dolo) but also by means of fault (culpa). There is 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”.

In dolos, the offender has the intention to do an injury to the person, property or right of another.
The person committing the crime acts with malice. On the other hand, fault is established when
the wrongful act results from imprudence, negligence, lack of foresight or skills (Boado, 2012).

11. According to Article 4 par 1

“Criminal liability shall be incurred by any person committing a felony (delito) although
the wrongful act done be different from which he intended”

Mistake in the blow or aberratio ictus

The offender intends the injury on one person but the harm fell on another. It involves
three person, the offender, intended victim and the actual victim. (Boado 2012). The mistakae
increases criminal liability which generally result to complex crime as per Article 48 of the
Revise Penal Code.

Mistake in identity or error in personae

The offender committed a mistake in ascertaining the identity of the victim. There are only 2
persons involved, the accused and the actual unintended victim. It incurs criminal liability
because the intent to do harm is present. The mistake is not considered a mitigating
circumstances.

Praeter intentionem

The injurious result inflicted on the intended victim is greater than that intended. (Reyes, 2021)
There should be a great disparity between the intended felony and the actual felony committed
(Boado, 2012). The occurrence of praeter intentionem maybe use as mitigating circumstance
base on Article 3 par 3 of the Revised Penal Code.

12. Impossible Crimes are acts performed that would have been a crime against person or
property but which are not accomplished because of its inherent impossibility. The
intended violation should be to applicable to :
Felonies against persons such as on the following Articles of the Revised Penal
Code, (Art. 246) Parricide, (Art. 248) Murder, (Art 249) Homicide, (Art 255) Infacticide,
 Abortion (Art. 256, 257,258 and 259), Duel (Art. 260 and 261), Physical Inuries (Art 262,
263, 264, 265 and 266) and Rape (Art. 266-A).
Felonies against property are the following, Robbery (Art 294, 297, 298, 299,
300, 302 and 303), Brigandage (Art 306 and 307), Theft (Arts. 308, 310 and 311),
Usurpation (Arts. 312 and 313), Culpable insolvency (Art. 314), Swindling and other
deceits (Arts. 315, 316, 317 and 318), Chattel mortgage (Art 319), Arson and other crims
involving destruction. (Art 320- 326) and Malicious mischied (Art 327- 331).
Other acts intended for other felonies cannot be considered an impossible crime.
There must be either legal impossibility or physical impossibility of accomplishing the
intended act. Murdering a corpse, or stealing a property that you own is an example of
an inherent impossibility.

13. Consumated, Frustrated and Attempted Felonies

Article 6 of the Revised Penal Code stated that “Consummated felonies, as well as those which
are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts of
execution which would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.”

A felony is consummated when all the acts necessary for the accomplishment are present
( Boado, 2012). Every crime has its own element which must be all present to constitute a
culpable violation of the precept of the law ( Reyes, 2021).

If the crime has more than one elements, the prosecution must established all the
elements of the crime to prove that the felony is consummated. The manner of committing a
crime affects its classification. Formal crimes are consummated in one instant such as slander
and false testimony ( Reyes, 2021). There are crimes consummated by a mere attempt or
proposal by overt acts. Corruption of minors (Art. 340) and Treason (Art. 114).

When the offender performs all the acts that would produce a felony but by reason or cause
independent of the will of the perpetrator the felony was not perfected it is classified as
frustrated felonies. Once the offender started to act with intent to commit a felony but
discontinue the performance of the act due to cause or accident other than his own spontaneous
desistance, then it still on Attempted stage of the felony.
The difference between the attempted stage and the frustrated stage lies in whether the
offender has performed all the acts of execution for the accomplishment of a felony.

14. Formal crimes are consummated in an instant. It does not pass through a process
because between the thought and the deed no chain can be severed. Example of
Formal crimes are Slander and false testimony.
 15. As per Article 8 of the Revise Penal Code, Conspiracy and proposal to commit
felony are punishable only in the cases in which the law specially provides a
penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. Conspiracy requires an agreement to
commit felony between two or more person. The execution to commit should be agreed
upon. Conspiracy as a crime and conspiracy as a means to commit a crime are
punishable which the law specifically provides penalty therefore.

If Conspiracy is utilize to commit a crime, the accused will be punished base on

the penalties of the crimes that they committed. The act of conspiracy is absorbed into
the committed felony.

16. Grave felonies are penalized by capital punishment of afflictive penalties in any
of its period.