Consider the following questions and answer them in connection with your assignment:

1. When is a penal law passed by congress be considered a special law and when is it not?
a. A law is considered special penal law when it involves acts that are considered wrong
because they are prohibited such as illegal possession of drugs, drug trafficking, money
laundering; for such crimes, no criminal intent is needed in order to find a person liable
for crimes punished under Special Penal Laws. As long as the act is committed, then it is
punishable as a crime under law.
i.  Revised Penal Code, Art. 246, as amended, pdf p. 67.
ii. ^ Jump up to:a b c Revised Penal Code, Art. 248, as amended, pdf p. 67.
iii. ^ People v. Dela Cruz y Balobal, G.R. No. 188353 (Sup. Ct., 16 Feb. 2010).

2. May a favorable penal law passed by congress be applied retroactively to an accused already
convicted and has been serving sentence?
a. Penal laws shall have a retroactive effect in so far as they favor the person guilty of a
felony or misdemeanor, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving same.
i. G.R. No. L-18260

3. May the provisions of the revised penal code be applied outside the territorial jurisdiction of the
Philippines?

a. Article 2. Application of its provisions of ACT No. 3815. - Except as provided in the
treaties and laws of preferential application, the provisions 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:

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

ii. 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;

iii. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;

iv. While being public officers or employees, should commit an offense in the
exercise of their functions; or

v. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.

4. A regional trial court judge in Batanes issued a warrant of arrest against a suspected pirate in
the island who committed piracy in the territorial sea of Vietnam. Is the warrant of arrest still
valid?
a. Yes, if:
 i. Should commit an offense while on a Philippine ship or airship

ii. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code

5. What are the limitations on the power of Congress to pass penal laws?
a. Possible answers:
i. The law must not be an ex post facto law ( refer to a criminal statute that
punishes actions retroactively ) or it should not be given a retroactive effect.
ii. The law must not be a bill of attainder, meaning it cannot provide punishment
without  judicial proceedings.
iii. The law must not impose cruel, unusual or degrading punishment.

6. A crime of homicide was committed by one of the Filipino crews on an overseas vessel while in
transit in the Pacific Ocean to its final destination in Singapore. The vessel is registered in
Panama. Considering that the accused is a Filipino, has the Philippine court the jurisdiction to try
him?
a. One of the general characteristics of criminal law is territoriality, which means that
penal laws of the Philippines are enforceable only within its territory. [3] The
Constitution provides that:

b. This is the extent of the Philippine territory as far as the Revised Penal Code is
concerned. This territoriality principle was not explicitly written under the old Code of
1870. [4] Although the Code is territorial in nature as is expressly provided for, it gives
certain circumstances wherein it will apply outside the territory of the Philippines.

c. For the Code to apply the offense must be committed in a Philippine ship or airship.
Nationality of the vessel is vested by the registration. Therefore, a ship or airship is
Filipino if it is registered in the Philippines, particularly the government agency
attributed with such function. 

7. Distinguish in their concept and legal implications crimes mala in se and crimes mala prohibita?
a. “Generally, mala in se felonies are defined and penalized in the Revised Penal Code.
When the acts complained of are inherently immoral, they are deemed mala in se, even
if they are punished by a special law. Accordingly, criminal intent must be clearly
established with the other elements of the crime; otherwise, no crime is committed. On
the other hand, in crimes that are mala prohibita, the criminal acts are not inherently
immoral but become punishable only because the law says they are forbidden. With
these crimes, the sole issue is whether the law has been violated. Criminal intent is not
necessary where the acts are prohibited for reasons of public policy.” – Garcia vs. CA
and People; GR 157171; March 14, 2006.
8. When is motive necessary in the commission of a crime? What about intent, how does it differ
from motive?
a. CRIMINAL LAW; MOTIVE; RELEVANT WHEN ACCUSED HAS NOT BEEN POSITIVELY
IDENTIFIED. — Lack of motive does not preclude conviction when the crime and the
participation of the accused therein are definitely established. Motive becomes relevant
and its absence may assume determinative significance when the accused has not been
positively identified, and proof thereof becomes essential only when evidence of the
commission of the crime is purely circumstantial or is inconclusive. - G.R. Nos. 94992-93.
April 7, 1993.
b. Sec. 5(b) of the Rule 131, Rules of Court, provides, `That an unlawful act was done with
an unlawful intent. 'Hence, dolo may be inferred from the unlawful act. In several cases
(Tria, 17 Phil. 303; Ballesteros, 25 Phil. 634; Sia Tioan, 54 Phil. 52; Cueto, 38 Phil. 935;
Cubelo, 106 Phil. 496), the Supreme Court ruled that `When it has been proven that the
appellants committed the unlawful acts alleged, it is properly presumed that they were
committed with full knowledge and with criminal intent, `and it is incumbent upon them
to rebut such presumption. 'Further, the same court also ruled that when the law plainly
forbids an act to be done, and it is done by a person, the law implies the guilty intent,
although the offender was honestly mistaken as to the meaning of the law which he had
violated (State v. McBrayer, 98 NIC 619; Sing Cong Bieng and Co Kong, 30 Phil. 577, 580;
Hermenigildo Bautista, CA 40 O.G. 5th Supp. 139). If the act is criminal, then criminal
intent is presumed (Francisco y Martin, CA 53 O.G. 1450). - G.R. NO. 150129 - Norma A.
Abdulla v. People of the Philippines.

9. What is implied conspiracy?

a. An implied conspiracy exists when two or more persons are shown to have aimed by
their acts towards the accomplishment of the same unlawful object, each doing a part
so that their combined acts, though apparently independent, were in fact connected·
and cooperative, indicating closeness of personal association and a concurrence of
sentiment. Implied conspiracy is proved through the mode and manner of the
commission of the offense, or from the acts of the accused before, during and after the
commission of the crime indubitably pointing to a joint purpose, a concert of action and
a community of interest. - G.R. No. 206292

10. When is light felonies punishable and who are liable for light felonies?
a. Art. 7. When light felonies are punishable. — Light felonies are punishable only when
they have been consummated, with the exception of those committed against person or
property.
b. Light felonies are those infractions of law for the commission of which a penalty of
arrest menor or a fine not exceeding 200 pesos or both; is provided.
c. The following are criminally liable for light felonies:
1. Principals
2. Accomplices

The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.

Accomplices are those persons who, not being included in Art. 17, cooperate in the
execution of the offense by previous or simultaneous acts.
- Act No. 3815 December 8, 1930 The Revised Penal Code of the Philippines