CRIMINAL LAW
- Branch of law which defines crimes, treats
of their nature, and provides for their
punishment
CRIME
- Act committed or omitted in violation of a
public law forbidding or commanding it
SOURCES OF PHILIPPINE CRIMINAL LAW
1. The Revised Penal Code
2. Special Penal Laws
3. Penal Presidential Decrees
*Court decisions are not sources of criminal law,
because they merely explain the meaning of, and
apply, the law as enacted by the legislative branch
of the government.
*The State has the authority, under its police
power, to define and punish crimes to lay down
the rules of criminal procedure.
LIMITATIONS ON THE POWER OF THE CONGRESS
1. Due Process and Equal Protection
- 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.
2. Non-imposition of excessive fines or cruel
and unusual punishment
- Excessive fines shall not be imposed
- Any death penalty shall be reduced to
reclusion perpetua
3. Ex Post Facto Law or Bill of Attainder
DUE PROCESS
- Requires that the accused must be heard in
court of competent jurisdiction and only
punished after inquiry and investigation
2 COMPONENTS
1. SUBSTANTIVE DUE PROCESS
- Intrinsic validity of the law and interfering
with the rights of the person to his life,
liberty, or property
2. PROCEDURAL DUE PROCESS
- 2 basic rights of notice and hearing as well
as being heard by and impartial and
competent tribunal.
EQUAL PROTECTION
- All persons or things similarly situated
should be treated alike, both as to rights
conferred and responsibilities imposed.
- No person or class shall be denied the same
protection of laws which is enjoyed by other
persons or other classes in like
circumstances.
EXCESSIVE FINES
- The Constitutional prohibition on the
imposition of unusual fines only to criminal
prosecutions
CRUEL AND UNUSUAL PUNISHMENT
- Extends ONLY to situations of extreme
corporeal or psychological punishment that
strips the individual of his humanity.
EX POST FACTO LAW
- Makes criminal an act done before the
passage of the law
- Aggravates a crime
- Changes the punishment and inflicts a
greater punishment
- Alters the legal rules of evidence
 One wherein if given a retroactive
application will be prejudicial to the
accused
 It criminalizes action that were legal when
committed
 Ex: A law that makes chewing gum illegal
and requires the arrest of every person
who has ever chewed gum even before the
law existed.
BILL OF ATTAINDER
- Inflicts punishment on individuals without
judicial trial
- Ex: Congress passes a law which authorizes
the arrest and imprisonment of communists
without the benefit of a judicial trial.
Rights of the accused which may be WAIVED and
which may NOT BE WAIVED
- A right of the accused which may be waived
is the right to confrontation and cross-
examination – personal
 - A right of the accused which may not be
waived is the right to be informed of the
nature and cause of the accusation against
him – involves public interest which may
be affected.
CHARACTERISTICS OF CRIMINAL LAW
1. GENERALITY
- Criminal law is binding on all persons who
live in Philippines territory.
- Governs all persons within the country
regardless of their race, belief, or sex
- It has NO REFERRENCE TO TERRITORY
- It refers to persons that may be governed
by penal law
*Civil courts is not affected by the military
character of the accused
*Civil courts have jurisdiction to try members of
the military except when the offense is service-
connected (shall be tried by the court-martial)
*The Revised Penal Code is not applicable when a
military court takes cognizance of the case.
LAW OF PREFERENTIAL APPLICATION
*Diplomatic representatives such as ambassadors
or public ministers possess immunity from the
criminal jurisdiction of the country of their sojourn
and cannot be sued, arrested or punished by the
law of that country.
*In ascertaining whether a person is a diplomat
entitled to immunity is the determination of
whether or not he performs duties of diplomatic
nature.
SOVEREIGN IMMUNITY FROM SUIT
- “the State may not be sued without its
consent” – part of the law of the land
- Charged against officials = charged against
the state itself
- It follows that for discharging their duties as
agents of the United States, they cannot be
directly impleaded for acts imputable to
their principal, which has not given its
consent to be sued.
 Doctrine of sovereign immunity from suit
does not apply when State officials are
sued in their private or personal capacity
or for unauthorized acts.
 A public official may be liable in his
personal private capacity for whatever
damage he may have caused by his act
done with malice or beyond the scope of
his authority and jurisdiction.
PRESIDENTIAL IMMUNITY FROM SUIT
- President enjoys immunity from suit during
his or her tenure of office or actual
incumbency.
2. TERRITORIAL
- Criminal laws undertake to punish crimes
committed within the Philippine territory.
- Penal laws are enforceable only within its
territory.
- It is necessary for Philippine courts to have
jurisdiction when the abusive conduct or act
of violence was committed outside
Philippine territory.
3. PROSPECTIVITY
- Penal laws shall have no retroactive
application, lest they acquire the character
of ex post facto law.
- Acts will only be subject to penal law IF
THEY ARE COMMITTED AFTER A PENAL
LAW HAD ALREADY TAKEN EFFECT.
- Also called as irretrospectivity.
*A penal law may have retroactive effect only
when it is favorable to the accused.
- when a new statute dealing with crime
establishes conditions more lenient or favorable to
the accused, it can be given a retroactive effect.
Except:
- When the new law is inapplicable to existing
causes of action.
- When the offender is a habitual criminal.
EFFECTS OF REPEAL
1. If the repeal makes the penalty lighter in
the new law, the new law shall be applied.
2. If the new law imposes a heavier penalty,
the law in force at the time of the
commission of the offense shall be applied.
3. If the new law totally repeals the existing
law so that the act which was penalized
under the old law is no longer punishable,
the crime is obliterated (wiped out).
  When the repeal is ABSOLUTE, the offense
CEASES to be criminal.
 When the new law and old law penalize the
same offense, the offender can be tried
under the OLD LAW.
 When the repealing law fails to penalize
the offense under the old law, the accused
cannot be convicted under the new law.
 A person charged under a repealed statute
may be punished under the repealing
statute.
*PENAL LAWS ARE CONSTRUED AGAINST THE
GOVERNMENT AND LIBERALLY IN FAVOR OF THE
ACCUSED.
History of the Revised Penal Code (Act No. 3815)
- The Code is called “Revised Penal Code”
because the Committee which was created
by Administrative Order No. 94, was
instructed to revise the old Penal Code
taking into consideration the special penal
laws and the rulings laid down by the
Supreme Court.
- The RPC is based on the Spanish Law –
Spanish Kodigo Penal – we were colonized
by the Spaniards
- Date of Aprroval: December 18, 1930
- Date of Effectivity: January 01, 1932
2 BOOKS:
 Book 1 – Basic Principles affecting Criminal
Liability (Arts 1-20)
 Book 2 – The Provisions on Penalties
including Criminal and Civil Liability
ARTICLE I
THEORIES:
1. Classical Theory
- The basis of criminal liability is human free
will and the purpose of penalty is
retribution – (ganti)
- Man is essentially a moral creature with an
absolute free will to choose between good
and evil
2. Positivist Theory
- Crime is a social and natural phenomenon
- Penalty: protection and correction
ARTICLE 2
1. When an offender should commit an
offense while on a Philippine ship or airship
- Any person who committed a crime on
board a Philippine ship while the same is
outside of the territory can be tried before
our civil courts
- When the PH vessel is in the territory of a
foreign country – subject to the laws of the
foreign country
- The Philippine court has no jurisdiction over
the crime committed on the high seas on
board a vessel not registered in the
Philippines.
2. When the offender should forge or
counterfeit any coin or currency note of the
Philippines or obligations and securities
issued by the Government
- One of the crimes where ph crim law is
applied even it is outside the ph
- If the counterfeting is done in HongKong,
can it be punished here in the Philippines.
YES!
- Why? It will affect the economy of the ph
- Crime is forge or counterfeit, is there
already committed if the money is not yet
attributed to others? What effect? There is
an intent.
3. When the offender should be liable for acts
connected with the introduction into the
Philippines of the obligations and securities
mentioned in the ‘preceding number’
- Similar to no. 2
4. When the offender, while being a public
officer or employee, should commit an
offense in the exercise of his functions
- When any of the felonies is committed
abroad by any of our public officers while in
the exercise of his functions, he can be
prosecuted here.
 5. When the offender should commit any of
the crimes against the national security and
the law of nations
- Ex. Treason, inciting to war and giving
motives to reprisals, flight to enemy’s
country, etc.
*Crimes committed outside of the Philippines but
punishable therein shall be cognizable by the RTC
in which the charge is first filed.
IMPORTANT WORDS IN ART. 2
1. “Except as provided in the treaties and
laws of preferential application”
- Military Bases Agreement between RP and
US
2. “its atmosphere”
- Penal laws extending to all the air space
which covers its territory, subject to the
right of way in favor of foreign aircrafts
3. “interior waters”
- Rivers, lakes, straits etc – waters on the
landward side of the baseline of the
territorial sea form part of the internal
waters.
4. “maritime zone”
- Includes territorial waters (12 nm),
contiguous zone (24nm), EEZ (200nm) and
continental shelves
*An offense committed on the high seas on board
a foreign merchant vessel is not triable by our
courts.
FRENCH RULE
- Recognizes the jurisdiction of the flag
country over crimes committed on board
the vessel except if the crime disturbs the
peace and order of the host country
- Ex: When there is a foreign merchant vessel
that entered to the territory of another
country and there was a crime committed
on that vessel, it is not the country where
that vessel has entered has a jurisdiction of
the crime.
ENGLISH RULE
- Recognizes that the host country has
jurisdiction over crimes committed on
board the vessel unless they involve
internal management of the vessel
- Ex: Whenever there is a vessel registered
from the other country entered a particular
country and there was a crime committed,
the trial of the case will be in country
where the vessel is in.
ARTICLE 3
FELONIES (DELITOS)
- Acts or omissions punishable by RPC
- 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; there is fault when the wrongful
act results from imprudence, negligence, etc.
ELEMENTS OF FELONIES
1. That there must be an act or omission
2. That the act or omission must be
punishable by the Revised Penal Code
3. That the act is performed or the omission
incurred by means of dolo or culpa.
ACT
- an external act which has direct intention
with the felony intended to be committed
- act must be external – commence the
commission of the crime directly over overt
act
OMISSION
- inaction
- failure to perform duty which one is bound
to do
- *there is a law requiring a certain act to
perform but the act fails to perform it
CLASSIFICATION OF FELONIES
1. INTENTIONAL FELONIES (DOLO)
- Act of the offender is malicious
- With deliberate intent
- Has an intention to cause an injury to
another
 - Ex. Murder, treason, robbery REQUISITES OF CULPA
2. CULPABLE FELONY (CULPA) 1. Criminal negligence on the part of the
- Not malicious offender
- Injury caused is unintentional being incident - The crime was the result of negligence,
of another act without malice reckless imprudence
- Wrongful act results from negligence, 2. Freedom of action on the part of the
imprudence, lack of skill offender
Imprudence - He was not acting under duress
- Deficiency of action 3. Intelligence on the part of the offender
- Person fails to take the necessary - Performing the negligent act
precaution to avoid injury
- Lack of skill Third class of crimes are those punished by special
laws
Negligence - The third class of crimes are those
- Deficiency of perception penalized by special laws which include
- Person fails to pay proper attention and to crimes punished by municipality or city
use the diligence in foreseeing the injury ordinance
- Lack of foresight
*DOLO IS NOT REQUIRED IN CRIMES PUNISHED BY
*The act must be voluntary and punishable by law SPECIAL LAWS
to constitute a felony. - Intent to the crime is not necessary.
- It is sufficient that the offender has the intent to
*felonies committed by both dolo and culpa are perpetrate the act prohibited by special law.
VOLUNTARY.
Intent to commit the crime
3 REASONS WHY FELONIES ACTS IN FELONIES - There must be criminal intent
MUST BE VOLUNTARY:
1. The RPC continues to be based on Classical Intent to perpetrate the act
Theory – the basis of criminal liability is free - It is enough that the prohibited act is done
will. freely and consciously
2. Acts are deemed voluntary since man is a
rational being MALA IN SE
3. Dolo and Culpa – with or without intent, - Acts or omissions which are inherently evil
the act still results to injury (even if under special laws)
- Punished under RPC
REQUISITES OF DOLO - Ex: theft, rape, homicide
1. Intent
- The purpose to use a particular means to MALA PROHIBITA
effect such result. - Acts which are made evil because there is a
2. Freedom of action law prohibiting it
- Voluntariness on the part of the person to - Violations of special laws
commit the act or omission - Ex: illegal possession of firearms
3. Intelligence
- The capacity to know and understand the MOTIVE
consequences of one’s act - Impels one to action for a definite result
Note: If any of these requisites is ABSENT, there is - Proved: It is established by the testimony of
NO DOLO. If there is no dolo, there could be NO witnesses on the acts of the accused;
INTENTIONAL FELONY. evidence
ARTICLE 4 CRIMINAL LIABILITY
1ST P: By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended
- Only referring to intentional felonies – must
not be committed by means of culpa but by
means of dolo
- There is variance between the wrongful act
done and his intention
- A did not intend to kill B. There is still a
crime committed.
- No intent but since there is a felonious act,
the person is still liable
- If the person is not commiting a felony but
resulted to the death of a person – it may
fall to the concept of accidence.
- The person did not commit a crime is his
mind is not criminal.
3 POSSIBLE SITUATIONS:
1. ERROR IN PERSONAE (Mistake in Identity)
- the actual victim is different from the
intended victim
- Ex: Pedro wanted to kill Juan so he waited
for him in the corner where Juan usually
passes by. When he saw someone passing
by, he stabbed him thinking it was Juan but
it was a different person.
- Crime intended – Homicide
- Crime committed – Homicide
*Penalty is the same.
2. ABERATIO ICTUS (Mistake in the Blow)
- the blow directed to the intended victim
landed on another person
- Ex: Pedro wanted to kill Juan so he waited
for him in the corner where Juan usually
passes by. When he saw Juan, he shot him
with a gun. Because of poor aim, he missed
Juan and the bullet landed on a bystander
who died as a consequence.
- Crime intended – Homicide
- Crime Committed – Homicide (bystander),
Attempted homicide (Juan)
3. PRAETER INTENTIONEM (Injurious result is
greater than that intended)
- the resulting crime exceeded his intention
- Ex: Pedro got into a heated argument with
Juan. Pedro punched Juan in the face. Juan
fell down and hit the sharp edge of the
table. He died right after.
“by any person committing a felony”
- Overt act – there is a direct connection to
the crime intended to be committed
“El que es causa de la causa es causa del mal
causado”
- (He who is the cause of the cause is the cause of
the evil caused)
*The felony committed must be the proximate
cause of the resulting injury
PROXIMATE CAUSE
- There is a cause and effect relationship
- Acting first and producing the injury, then
setting other events in motion, continuous
chain of events, each having a causal
connection with its predecessor
*A person committing a felony is criminally liable
for all the natural and logical consequences
although the wrongful act done be different from
that which he intended.
- Natural – occurrence in the ordinary course of
human life or events
- Logical – there is a rational connection between
the act of the accused and the resulting injury.
*There must be a “cause and effect” in the
relationship
- Cause: felonious act
- Effect: injury/death
Does not effect CAUSE AND EFFECT:
1. Pre-existing condition of the victim
2. Concurrent Conditions
3. Supervening conditions
*The offender is liable for all the DIRECT, LIABLE,
AND LOGICAL consequence of his felonious ac
*If the consequences produced resulted from a
distinct act or fact absolutely foreign from the
criminal act, the offender is not responsible for
such consequences
*The felony committed is not the proximate cause
of the resulting injury when ---
- there is an active force intervened between the
felony committed and the resulting injury
- the resulting injury is due to the intentional act of
the victim
Why do we penalize the commission of impossible
crimes?
 Because a person who commits an
impossible crime is a POTENTIAL CRIMINAL
– “Socially dangerous person”
*An impossible crime is NOT REALLY A CRIME
- Objectively, the offender has not committed a
crime but subjectively he is a criminal
- Penalty: Arresto Mayor or a fine from 200 to 500
pesos
3. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate of ineffectual
a. “its accomplishment is inherently
impossible”
- The act intended by the offender is by its
nature one of impossible accomplishment
- Ex: A had a grudge against B. One night, A
went to the house of B while everybody was
sleeping. He approached the bed while B
was sleeping and sliced his throat. Unknown
to A, B already died in his sleep an hour
before because of heart attack.
b. “employment of inadequate means”
- Ex: A wanted to poison B for being a
“kanser” in ML. During mirienda, A mixed a
small quantity arsenic into the food of B
thinking it was sufficient. B did not die
because the arsenic was not sufficient

REQUISITES OF IMPOSSIBLE CRIME c. “Employment of ineffectual means”

1. That the act performed would be an - Ex. A wanted to poison B so he put
offense against persons or property something in the food of B. A thought it was
*Felonies against persons: arsenic but it was just salt
- Parricide *The offender shall be punished for an impossible
- Murder crime only when his act cannot be punished under
- Homicide some other provisions in the Revised Penal Code.
- Infanticide
- Abortion
- Duel ARTICLE 5
- Rape PARAGRAPH 1
- May relate to “nullum crimen nulla poena
*Felonies against property sini lege” – “there is no crime if there is no
- Robbery law punishing it”
- Brigandage - It is the duty of the court to acquit the
- Theft accused, although the acts done by the
- Usurpation accused are condemnable, that it should be
- Arson and other crimes involving repressed
destruction - But when the imposable penalty is too
excessive, the court has no choice but to
2. The act was done with evil intent apply that penalty as stated in the law.
- The offender must have intent to cause
injury to another “dura lex sed lex”
- There is no such thing as impossible crime - “the law is harsh but it is still the law”
by imprudence and negligence
ARTICLE 6
STAGES OF EXECUTION
1. CONSUMMATED
- ALL THE ELEMENTS necessary for its
execution and accomplishment ARE
PRESENT.
- Ex. HOMICIDE – The perpetrator was able
to kill the person and the person died
2. FRUSTRATED
- All acts of execution have been performed
but the felony is not produced because of
the other reasons not attributable to the
offender
3. ATTEMPTED
- Already commenced the commission of the
crime by overt acts, but not able to perform
all acts of execution by reason of accident.
- Ex: You attempt to light a fire but the match
keeps on going out before you can cause
the fire.
ARTICLE 8 – CONSPIRACY AND PROPOSAL TO
COMMIT FELONY
1. CONSPIRACY to commit a felony
- Two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it
- *That 2 or more come to an agreement
- *That the agreement concerned the
commission of a felony
- *That the execution of a felony be decided
upon
- Ex: A, B, C gathered in the house of D one
night to devise a plan on how to commit a
rebellion and take over a municipal
building. After a careful planning, they
decided to carry out their plan after 3 days.
2. PROPOSAL to commit a felony
- When the person who has decided to
commit a felony proposes its execution to
some other persons
- Ex: A was already fed up with how the
government is running the country so he
called his friends and told them his plan to
commit a rebellion and invited them to join.
DIFFERENCES
1. Proposal is UNILATERAL while Conspiracy
is BICAMERAL
2. In proposal, the party whom the proposal
was made has not yet accepted the
proposal.
Once the proposal was accepted,
conspiracy arises
CONSPIRACY and PROPOSAL to commit a felony
ARE NOT PUNISHABLE – unless they perform overt
acts
STAGES IN THE DEVELOPMENT OF CRIMES
1. INTERNAL ACTS
- Mere ideas in the mind of a person
- Intention producing no effect
2. EXTERNAL ACTS
 PREPARATORY ACTS
- Acts with no direct connection to the crime
which the offender intends to commit
 ACTS OF EXECUTION
- Have direction to the crime intended to be
committed
- Punishable
CONSPIRACY and PROPOSAL to commit a felony
ARE NOT PUNISHABLE except:
1. Treason
2. Coup d’etat
3. Rebellion
4. Insurrection
5. Sedition
2 KINDS OF CONSPIRACY
1. Conspiracy as a crime
- When conspiracy itself is expressly
punishable by law
2. Conspiracy as a Manner of Incurring
Criminal Liability
- Conspiracy related to a crime actually
committed
“THE ACT OF ONE IS THE ACT OF ALL”
- The element of relationship must be
present as to all the offenders
- Offenders must have knowledge of the
material execution or the means employed
to accomplish the act
 - A con-conspirator not present at the scene
– NOT liable, unless – mastermind
- Ex: A felony punishable by prision
correccional to prision mayor – GRAVE
FELONY because the higher of the two
felonies prescribed, which is the prision
mayor is an afflictive penalty.

ARCTICLE 9

- In order to know whether the crimes or

felonies can be complex with one another
- Art. 9 classifies felonies according to their
gravity.
- The gravity of felonies is determined by the
penalties attached to them by law.

1. GRAVE FELONIES
- Are those which the law attaches the capital
punishment or penalties which in any of
their periods are afflictive in accordance
with article 25 of this code
- RA 9346 - THE IMPOSITION OF THE LAW IS
HEREBY PROHIBITED

In lieu of death penalty

 RECLUSION PERPETUA – rpc
 LIFE IMPRISONMENT – special law

2. LESS GRAVE FELONIES

- Are those which the law punishes with
penalties which in their maximum period
are correccional

3. LIGHT FELONIES
- Those infractions of law or the commission
of which the penalty of arresto menor or a
fine not exceeding 40,000 pesos or both is
provided.

IMPORTANT WORDS AND PHRASES

1. “to which the law attaches the capital
punishment”
- Capital punishment is death penalty

2. Or penalties in which any of their periods

are afflictive”
- When the penalty prescribed in the offense
if composed of two or more distinct
penalties, the higher or highest of the
penalties must be an afflictive penalty.