Criminal Law Reviewer:

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A. What is Criminal Law?

Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides
for their punishment.
B. What is a Crime?
A crime is an act omitted or committed in violation of public law forbidding or commanding it. The term
“crime” is commonly used whether wrongdoing is punished under the Revised Penal Code, special laws, or
ordinances.
C. What is a Common Law?
Common Law is a body of law that has been developed on the basis of rulings or decisions by a judge
rather than from statues or constitutions.
D. What is a Statutory Law?
Statutory Law is a body of law derives from statues passed by legislature or lawmaking body of the
government and accepted by the citizen.
E. Sources of Criminal Law

- Act No. 3815 (revised Penal code) and all its amendments
- Special penal laws
- National Application
- Those passed by the Philippine Constitution, Philippine Assembly, Philippine Legislature,
National Assembly, Batasang Pambansa (B.P. Blg.), and Congress of the Philippines;
-Acts (1900-1935); Commonwealth Acts (1935-1946); Republic Acts (1946-1972,
1987-present)
- Penal Presidential Decrees (P.D) issued during martial law
- Executive Orders issued by President Corazon Aquino (during the Freedom Constitution
before the ratification of 1987 Constitution)
- Local Application
- Local Penal Ordinances; (Those passed by Sangguniang Panglalawigan, Sangguniang
Panglungsod, Sangguniang Bayan, Sangguniang Barangay)

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First 2 school of thoughts in Criminal Law

A. Classical/Juristic Theory
Man is essentially a moral creature and with an absolute free will to choose between good and
evil.
 B. Positivist/Realistic Theory
Man is inherently good.

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Legal/Latin Maxims
A. Nullum Crimen, Nulla poena sine lege
There is no crime when there is no law punishing the same. An act, no matter how offensive,
becomes punishable only if there is a law that punishes it.
B. Actus Non Facit Reum, Nisi Mens Sit Rea
The act cannot be criminal where the mind is not criminal.

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Legal/Latin Maxims
A. Actus Me Invito Factus Non-Est Meus Actus
An act done by me against my will is not my act.
B. Ignorantia Juris Non Excusat
Ignorance of the law is no excuse.

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Distinguish Bill of Attainder and Ex Post Facto Law
Bill of Attainder is a legislative act that inflicts punishment without judicial trial, while Ex post facto law is
a penal law that has retroactive application which is prejudicial to the accused.

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What are the Principles/Characteristics of Criminal Law?
- Generality- the criminal laws are binding on all persons who live or sojourn in the Philippines
regardless of their race, belief, sex, or creed.
- Territoriality or Intraterritoriality- the penal laws of the Philippines have force and effect only within
its territory including its atmosphere and internal waters. (Land-terrestrial; air-aerial; and water-
fluvial)
- Prospectivity or Irretrospectivity- acts or omissions will only be subject to a penal law if they are
committed after a penal law had taken effect.
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What are the Exceptions to the characteristics of Generality?
- Treaty stipulations and international agreements (Art. 14 NCC)
- Laws of preferential application
o these are criminal laws that favors certain groups of people.
- By virtue of Principle of Public International Law
o Sovereigns and other chiefs of state
o Ambassadors, minister plenipotentiary minister’s resident and charges d’affaires

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A. What is the rule being followed in the Philippines

English Rule.
B. Which Country has jurisdiction over a crime committed on board a Philippine Ship?
It depends:
- If the ship is in the Philippine territorial waters, the Philippines has jurisdiction over the crime
because it committed within the territory of the Philippines.
- If the ship is in the high seas, the Philippines has jurisdiction over the crime applying the
principle of extraterritorial application of Philippine criminal laws.
- If the ship is in the territory of a foreign country, the foreign country has jurisdiction over the
crime because it is committed within the territory of than foreign country, unless that foreign
country does not recognize jurisdiction such as, if for example, that country follows the French
rule, then the Philippines will assume jurisdiction.

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A. What is the rule on the prospectivity of penal laws?
-Acts or omissions will only be subject to a penal law if they are committed after a penal law had already
taken effect. Criminal laws cannot punish an act which was not punishable when it was committed
before the passage of the law.
-it answers the question as to when criminal laws should be applied.
B. What is the Exception to the Rule on Prospectivity or Irretrospectivity?
- The exception is when the new law is favorable to the accused.
“ARTICLE 22. 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.”
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A. Who is a Habitual Delinquent?
A habitual delinquent is one who, within a period of ten (10) years from the date of his release or last
conviction of the crime of falsification, robbery, estafa, theft, or serious or less serious physical injuries
(FRETSeL), is found guilty of any of said crimes a third time or oftener. (Article 62)
B. What are the Effects of Repeal of Penal Laws?
- Partial or Relative Repeal
o A repeal is a partial or relative if the crime under the old law continues to be a crime
despite the enactment of the new law. The new law merely modifies the penalty of the
crime.
▪ If the new law makes the penalty lighter- the new law shall be applied to him
except;
• When the offender is a habitual delinquent; or
• When the new law is made not applicable to pending action or existing
causes of the action.
▪ If the new law imposes a heavier penalty- the law in force at the time of the
commission of the offense shall be applied to him.
- Absolute or Total Repeal
o A repeal is absolute or total when the crime under the old law is decriminalized or no
longer punishable under the new law. If the new law totally decriminalizes the act:
▪ The crime is obliterated.
▪ Pending cases will be dismissed even if the accused is a habitual delinquent
because there is no more crime for which he is to be tried.
▪ If already convicted or serving sentence, he will be released if he is not habitual
delinquent because retroactivity of penal laws only favors offenders who are not
habitual delinquents unless the repealing law itself states otherwise.