CRIMINAL LAW

BOOK I

1
Definitions

What is “Law”?

2
 A rule of conduct, that is just, obligatory,
promulgated by legitimate authority, and
for common observance and benefit.

Why do we have laws?

3
 The purpose is to regulate the conduct
of the person.

What is “statute”?

4
 A law enacted by the legislature.

What is “Salus Populi Est Suprema Lex”?

5
 The welfare of the people is the
supreme law.

Define “Crime”

6
 An act COMMITTED in violation of a
public law FORBIDDING it.

 An act OMITTED in violation of a public

law COMMANDING it.

Define “Criminal Law”.

7
 The branch or division of law which
DEFINES crimes, TREATS of their
nature, and PROVIDES for their
punishment.

Define “Penal Law”.

8
 An act of the legislature that prohibits
certain acts and establishes penalties
for its violations.

9
TWO THEORIES IN CRIMINAL LAW
 Classical Theory
 Positivist Theory

10
Classical Theory
 The basic postulate of the classical penal
system is that humans are rational and
calculating beings who guide their actions
with reference to the principles of pleasure
and pain.
 They refrain from criminal acts if threatened
with punishment sufficient to cancel the hope
of possible gain or advantage in committing
the crime.

11
Positivist Theory
 Crime is essentially a social and moral
phenomenon and it cannot be treated and
checked by the imposition of punishment
fixed and determined, but through the
enforcement of individual measures in such
particular case after a prior investigation
conducted by competent body of psychiatrists
and social scientists.
 Man is subdued occasionally by a strange
and morbid phenomenon which constraints
him to do wrong in spite of or contrary to his
volition.

12
What are the sources of Criminal Law?

13
 Revised Penal Code or Act No. 3815,as
amended
 Special Penal Laws passed or enacted by the
Legislative Department
Republic Act No. 10175 "Cybercrime
Prevention Act of 2012″
Republic Act No. 9995 "Anti-Photo and Video
Voyeurism Act of 2009"
Republic Act No. 9262 "Anti-Violence Against
Women and Their Children Act of 2004"

14
 Penal Presidential Decrees issued during
Martial Law
 Presidential Decree No. 1829 “Penalizing
obstruction of apprehension and prosecution
of criminal offenders”
 Decisions of the Supreme Court of the
Philippines
 Ordinances of Local Government Units which
are penal in nature
Ex. Valenzuela Ordinance No. 342 (2017) –
Motorcycle Noise Regulation

15
What is “Common Law”?

16
 Body of Principles, usages, and rules of
action which do not rest for their authority
upon any express and positive declaration of
the will of Congress.

Define “Common Law Crimes”.

17
Common Law Crimes
 Crimes or offenses which are punishable by
common law, not by statute.

What are the Limitations on Enactment of Penal

Laws?

18
Limitations on Enactment of Penal Laws
 Prohibition on ex post facto law and bill of
attainder
 Section 22, Article III, Bill of Rights, 1987
Constitution “No ex post facto law or bill of
attainder shall be enacted”.

What is “Ex Post Facto Law”?

19
EX POST FACTO LAW
 Makes an act done criminal before effectivity of
the law
 Aggravates a crime or makes it greater than when
it was committed
 Provides for greater punishment
 Changes the rules of evidence requiring lesser
evidence than what the law or rules require at the
time of the commission of the offense in order to
convict the accused/offender

20
BILL OF ATTAINDER
 A legislative act which inflicts punishment
without trial.

21
INTERPRETATION OF CRIMINAL LAWS

22
FACTS: A law was passed and took effect: Any
person who is caught smoking inside an air-
conditioned room shall be punished by 1 year
or 3 years. Boy Yosi was caught smoking in
an air-conditioned room.

QUESTION: What will be the penalty, 1 year or

3 years?

23
 Criminal laws are interpreted or construed
against the government and in favor of the
offender.

 “In dubilis reus est absolvendus” – A legal

principle which means “all doubts should be
resolved in favor of the accused”

 “In dubio pro reo” – A legal principle which

means “when in doubt, rule for the accused”

24
FACTS: A law was passed and took effect: Any
person who is caught smoking inside an air-
conditioned room shall be punished by 1 year
or 3 years. Boy Yosi was caught smoking in
an air-conditioned room.

QUESTION: What will be the penalty, 1 year or

3 years?

25
FACTS: A law was passed and took effect: Any
person who is caught smoking inside an air-
conditioned room shall be punished by 1 year
or 3 years. Boy Yosi was caught smoking in
an air-conditioned room.

QUESTION: What will be the penalty, 1 year or

3 years?

ANSWER: The penalty will be 1 year, which is

favorable to the offender, because there are
doubts or two interpretations on the law.
26
What is the primary source of Criminal Law?

27
 REVISED PENAL CODE
ACT NO. ____

AN ACT REVISING THE PENAL CODE AND

OTHER PENAL LAWS

28
 REVISED PENAL CODE
ACT NO. 3815

AN ACT REVISING THE PENAL CODE AND

OTHER PENAL LAWS

Preliminary Article — This law shall be known

as "The Revised Penal Code.“

“RPC”
29
RPC consists of two Books.
 Book 1 – Title 1 to Title 5
 Book 2 – Title 1 to Title 15

30
BOOK ONE
 GENERAL PROVISIONS REGARDING THE
DATE OF ENFORCEMENT AND
APPLICATION OF THE PROVISIONS OF
THIS CODE, AND REGARDING THE
OFFENSES, THE PERSONS LIABLE AND
THE PENALTIES

31
General Provisions: Articles 1-113
 Title 1 – Felonies and Circumstances which
affect criminal liability
 Title 2 – Persons Criminally Liable for
Felonies
 Title 3 – Penalties
 Title 4 – Extinction of Criminal Liability
 Title 5 – Civil Liability

32
BOOK 2:
CRIMES AND PENALTIES
(Articles 114-365)

CRIMINAL LAW
 The branch or division of law which DEFINES
crimes, TREATS of their nature, and
PROVIDES for their punishment.

33
Example:
 The Revised Penal Code DEFINES parricide
under Article 246.

 Art. 246. Parricide. — Any person who shall

kill his father, mother, or child, whether
legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua
to death.

34
 The Revised Penal Code TREATS the nature
(kind) of Parricide as Crimes against Persons
under Title VIII of the Revised Penal Code
Book II.

Title Eight
CRIMES AGAINST PERSONS
Chapter One
DESTRUCTION OF LIFE
Section One. — Parricide, murder, homicide

35
 The Revised Penal Code PROVIDES for the
penalty or punishment for Parricide under
Article 246

 Art. 246. Parricide. — Any person who shall

kill his father, mother, or child, whether
legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua
to death.

36
CHARACTERISTICS OF CRIMINAL LAW?

37
 GENERALITY
PROSPECTIVITY
TERRITORIALITY

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What is “Generality”?

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GENERALITY
 Criminal law is BINDING on ALL PERSONS
who live or sojourn in Philippine territory.

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GENERALITY
 Criminal law is BINDING on ALL PERSONS
who live or sojourn in Philippine territory.

 Binding – “Umiiral”
 Live – “Naninirahan”
 Sojourn – “Bisita”

What is the extent of the Philippine Territory?

41
Article 1. National Territory, 1987 Philippine
Constitution
 The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around,
between, and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of
the Philippines.

42
 FACTS: After playing basketball at Araneta
Coliseum in Cubao, Quezon City, Lebron
James, a FOREIGNER, killed Police Officer
Dalisay who was patrolling the area.

 QUESTION: Does Philippine criminal law

bind a foreigner who committed a crime in
Philippines?

43
 FACTS: After playing basketball at Araneta
Coliseum in Cubao, Quezon City, Lebron James,
a FOREIGNER, killed Police Officer Dalisay who
was patrolling the area.

 QUESTION: Does Philippine criminal law bind a

foreigner who committed a crime in Philippines?

 ANSWER: Yes, Philippine criminal law binds

Lebron James who committed a crime in
Philippines because criminal law is BINDING on
ALL PERSONS who live or sojourn in Philippine
territory.

44
 When ANY PERSON, whether Filipino or
foreigner, commits a crime anywhere within
the Philippine territory, he will be charged and
punished under Philippine criminal law.

What is “Prospectivity”?

45
 The enforcement or implementation of the law
should be forward and not backwards.

 ONLY acts and omission committed AFTER the

law is passed and implemented will be covered.

 Criminal law cannot make an act punishable if

the act was not punishable when committed.

 “Lex Prospicit, Non Respicit” means “The law

looks forward, never backward.

46
 FACTS: In February 2010, a law was passed
and took effect punishing any person who
blows a cigarette smoke to the face of
another person. In January 2010, ALPHA
blew a cigarette smoke to the face of
BRAVO.

 QUESTION: Can ALPHA be charged and

punished for blowing cigarette smoke to the
face of BRAVO?

47
 FACTS: In February 2010, a law was passed
and took effect punishing any person who blows
a cigarette smoke to the face of another person.
In January 2010, ALPHA blew a cigarette smoke
to the face of BRAVO.

 QUESTION: Can ALPHA be charged and

punished for blowing cigarette smoke to the face
of BRAVO?

 ANSWER: No, because at the time ALPHA

committed the act, there was no law punishing it.
“Nullum crimen, nulla poena sine lege - there is
no crime when there is no law punishing it”
48
When may a criminal law have a retroactive
effect or be applied on past events?

Retroactive Effect: Apply the law on events

which occurred before the effectivity of the
law.

49
 If the law is more lenient or favorable to the
offender.
 If the new law is beneficial to the offender, it
will have a retroactive effect or be applied on
past events.

50
 FACTS: Anti-cheating law was passed and took
effect on January 1, 2017 punishing any form of
cheating during examinations punishable for 10
years imprisonment. On July 28, 2017, Ms. Dina
Nagaral was caught cheating during preliminary
examination. The court convicted her and
imposed the penalty of 10 years. While serving
her sentence on the 6th year, the Anti-cheating
law was amended and took effect on January 1,
2023 reducing the penalty to 5 years.

 QUESTION: Can the amended law in 2023 be

applied retroactively to the 2017 10-year
penalty?

51
 QUESTION: Is the new amended law in 2023 be
applied retroactively to the 2017 10-year
penalty?

 ANSWER: Yes, the new amended law enacted

and took effect in 2023 will be applied
retroactively on a past event which was the 2017
10-year penalty imposed because the amended
law is favorable to Ms. Dina Nagaral. Since she
already served at least five years and the new
law reduced the penalty of the crime to 5 years,
Ms. Dina Nagaral will benefit and be released
from serving sentence.
52
When did the Revised Penal Code (RPC) take
effect?

53
 Article 1. Time when Act takes effect. — This
Code shall take effect on the first day of
January, nineteen hundred and thirty-two.

 The RPC took effect on January 1, 1932.

 Hence, crimes committed on January 1, 1932

and onwards (prospective) will be covered by
the RPC.

 The RPC became a law on December 8,

1930.

54
What is the principle of territoriality?

55
FACTS: While in USA ---
Scenario I. American killed Filipino.
Scenario II. Filipino killed American.
Scenario III. Filipino killed Filipino.

QUESTION: Can a criminal case be filed against the

offenders in the Philippines?

CHOICES:
A. Yes, but only in Scenario III because the offender
and the victim are Filipinos.
B. Yes, but only in Scenario II and III because the
offenders are Filipinos.
C. Yes, but only in Scenario I and III because the
victims are Filipinos.
D. No.
56
TERRITORIALITY
 Criminal law is ENFORCEABLE only to
crimes committed within the Philippine
territory.

 If the crime is committed outside the

Philippine territory, criminal law cannot be
enforced.

57
FACTS: While in USA ---
Scenario I. American killed Filipino.
Scenario II. Filipino killed American.
Scenario III. Filipino killed Filipino.

QUESTION: Can a criminal case be filed against the

offenders in the Philippines?

CHOICES:
A. Yes, but only in Scenario III because the offender
and the victim are Filipinos.
B. Yes, but only in Scenario II and III because the
offenders are Filipinos.
C. Yes, but only in Scenario I and III because the
victims are Filipinos.
D. No.
58
ANSWER:
 “D. NO” – because the crime is committed
abroad, criminal law cannot be enforced
outside Philippine territory.

 When a FILIPINO or any person commits a

crime ABROAD, he cannot be charged and
punished in the Philippines because criminal
law cannot be enforced outside Philippine
territory.

59
THERE ARE INSTANCES WHERE EVEN THE
CRIME IS COMMITTED ABROAD,
PHILIPPINE LAWS CAN STILL BE
ENFORCED AND A CASE CAN BE FILED IN
THE PHILIPPINES.

When may Philippine criminal laws be enforced

even outside Philippine territory?

60
“Principle of Extra-Territoriality”

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Art. 2. Application of its provisions. — 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:

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.
62
Art. 2. Application of its provisions. — 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:

Article 2 – Application, Enforcement, or Implementation

of the provisions of the RPC (Articles 1 – 367).
“Philippine Archipelago, atmosphere, interior waters,
maritime zone” – Philippine/National Territory (Art. I,
1987 Philippine Constitution)
 “Outside its jurisdiction” – Outside the
Philippine/National Territory
63
 “Outside its jurisdiction” – RPC shall be enforced
ALSO outside the Philippine/National 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 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.
64
 “Those persons who commit an offense while
on a Philippine ship or airship.”

 FACTS: While on board Philippine Airlines

and flying outside the Philippine Territory,
Lebron James killed Steph Curry.

 QUESTION: Can a criminal case be filed

against Lebron James in the Philippines?

65
 ANSWER: Yes, because the crime was
committed while on a Philippine airship.

 Philippine Airlines is an example of Philippine

airship.

 If the SHIP or AIRSHIP, even owned by

foreigners, is registered in the Philippines,
Art. 2, Par. 1 will apply.

66
 FACTS: Wanting to have Philippine money,
Steph Curry committed counterfeiting
Philippine money at his house in California,
USA.

 QUESTION: Can Steph Curry be charged in

the Philippines for committing counterfeiting
Philippine money outside Philippine territory?

67
 Article 2, Paragraph 2:
“Those persons who forge or counterfeit any
coin or currency note of the Philippine Islands
or obligations and securities issued by the
Government of the Philippine Islands.”

68
 FACTS: Wanting to have Philippine money,
Steph Curry committed counterfeiting
Philippine money at his house in California,
USA.

 QUESTION: Can Steph Curry be charged in

the Philippines for committing counterfeiting
Philippine money outside Philippine territory?

69
 ANSWER: Yes, Steph Curry can be charged
in the Philippines because what was
counterfeited is Philippine money, even the
crime is committed outside Philippine
territory.

70
 Article 2, Paragraph 3
“Those who are liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
preceding number (counterfeiting/forging).”

71
 FACTS: After getting the counterfeit
Philippine money from Steph Curry, Lebron
James, in USA, exported counterfeit
Philippine money to the Philippines.

 QUESTION: Can Lebron James be charged

in the Philippines for exporting counterfeit
Philippine money to the Philippines even
though he was in USA and not the person
who committed counterfeiting?

72
 ANSWER: Yes, because Lebron James
introduced counterfeit Philippine money in the
Philippines.

 PURPOSE: To protect the economy and

financial stability of the country.

73
 FACTS: Mr. Ala Fira is an employee of
Philippine Embassy in USA and the assigned
treasurer. In need of money for his son, Ala
Fira Jr., a Criminology Student for 10 years,
Mr. Ala Fira malversed the money of the
Embassy and remitted to his son in the
Philippines.

 QUESTION: Can Mr. Ala Fira be charged in

the Philippines for malversation of the money
of the Embassy committed in USA, outside
Philippine territory?
74
“While being public officers or employees,
should commit an offense in the exercise of
their functions”

75
 FACTS: Mr. Ala Fira is an employee of
Philippine Embassy in USA and the assigned
treasurer. In need of money for his son, Ala
Fira Jr., a Criminology Student for 10 years,
Mr. Ala Fira malversed the money of the
Embassy and remitted to his son in the
Philippines.

 QUESTION: Can Mr. Ala Fira be charged in

the Philippines for malversation of the money
of the Embassy committed in USA, outside
Philippine territory?
76
 ANSWER: Yes, because his function is not to
malverse the funds of the Embassy but to
spend it legally.

 Offenders: Those who are employed in

Philippine embassies. If they commit a crime
while in the performance of their duties, they
will be charged in the Philippines even
though the crime was committed outside the
territory of the Philippines.

77
 Art. 2, Paragraph 5:
“Those who commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of this
Code”

What are the crimes against national security

and the law of nations?

78
 Art. 114: Treason
 Art. 115: Conspiracy and Proposal to Commit
Treason
 Art. 116 Misprision of treason
 Art. 117 Espionage
 Art. 118 Inciting to war or giving motives for
reprisals
 Art. 119 Violation of Neutrality
 Art. 120 Correspondence with hostile country
 Art. 121 Flight to enemy country
 Art. 122 Piracy in general and mutiny in the high
seas and Philippine waters
 Art. 123 Qualified Piracy
79
 R.A. No. 9372 “The Human Security Act”
 Article 58: Extra-Territorial Application

 (1) to individual persons who commit any of the

crimes defined and punished in this Act within
the terrestrial domain, interior waters, maritime
zone, and airspace of the Philippines;
 (2) to individual persons who, although
physically outside the territorial limits of the
Philippines, commit, conspire or plot to commit
any of the crimes defined and punished in this
Act inside the territorial limits of the Philippines;
 (3) to individual persons who, although
physically outside the territorial limits of the
Philippines, commit any of the said crimes on
board Philippine ship or Philippine airship;
80
 (4) to individual persons who commit any of said
crimes within any embassy, consulate, or
diplomatic premises belonging to or occupied by
the Philippine government in an official capacity;
 (5) to individual persons who, although
physically outside the territorial limits of the
Philippines, commit said crimes against
Philippine citizens or persons of Philippines
descent, where their citizenship or ethnicity was
a factor in the commission of the crime; and
 (6) to individual persons who, although
physically outside the territorial limits of the
Philippines, commit said crimes directly against
the Philippine government.

81
 What are the crimes under Human Security Act?

 SEC. 3. Terrorism - Any person who commits an

act punishable under any of the following
provisions of the Revised Penal Code:
 Art 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
 Art 134 (Rebellion or Insurrection);
 Art 134-a (Coup d' Etat), including acts
committed by private persons;
 Art 248 (Murder);
 Art 267 (Kidnapping and Serious Illegal
Detention);
 Art 324 (Crimes Involving Destruction)

82
 Presidential Decree No. 1613 (The Law on
Arson);
 Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of
1990);
 Republic Act No. 5207, (Atomic Energy
Regulatory and Liability Act of 1968);
 Republic Act No. 6235 (Anti-Hijacking Law);
 Presidential Decree No. 532 (Anti-Piracy and
Anti-Highway Robbery Law of 1974); and,
 Presidential Decree No. 1866, as amended
(Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms,
Ammunitions or Explosives)

83
 thereby sowing and creating a condition of
widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful demand
shall be guilty of the crime of terrorism and
shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as
provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law,
as amended.

84
Art. 2. Application of its provisions. — 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:

- The provisions of the Revised Penal Code

WILL NOT BE ENFORCED if provided in the
treaties and laws of preferential application.
85
 Example of Treaty: Visiting Forces
Agreement (VFA)

 Example of Laws of Preferential Application:

Republic Act No. 75

 Certain persons (ambassadors, consuls,

diplomats, military personnel, etc.) mentioned
in VFA and R.A. No. 75 are exempt from the
operation of criminal law like arrest and
seizure.

86
END

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