Criminal Law, defined.

Criminal law is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.

Crime is an act committed or omitted in violation of a public law forbidding or commanding it.

No common law crimes in the Philippines unless there be a particular provision in the penal code or
special penal law that defines and punishes the act, even if it be socially or morally wrong, no criminal
liability is incurred by its commission.

A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative act for a judicial determination of guilt.

Art. 1 Time when act takes effect

July 14, 1887, to December 31, 1931, old penal code
Revised Penal Code January 1, 1932

Art 2. Application of its provisions

Crimes that may be committed in the exercise of public functions
a. Direct bribery (art 210)
b. Indirect bribery (art 211)
c. Frauds against the public treasury (art 213)
d. Possession of prohibited interest (art 216)
e. Malversation of public funds or property (art 217)
f. Failure of accountable officer to render accounts (art 218)
g. Illegal use of public funds or property (art 220)
h. Failure to make delivery of public funds or property (art 221)
i. Falsification by a public officer or employee committed with abuse of his official position (art
171)

Crimes against national security and the law of nations

a. Treason (art 114)
b. Conspiracy and proposal to commit treason (art 115)
c. Espionage (art 117)
d. Inciting to war and giving motives for reprisals (art 118)
e. Violation of neutrality (art 119)
f. Correspondence of hostile country (art 120)
g. Flight to enemy’s country (art 121)
h. Piracy and mutiny on the high seas (art 122)

A distinction must be made between a merchant ship and warships in case the vessels are in the ports or
territorial waters of a foreign country.
Art. 3 definitions
Elements of felonies.
a. That there must be an act or omission
b. That the act of omission must be punishable by RPC
c. That the act performed, or omission incurred by means of dolo or culpa

Nullum crimen, nulla poena sine lege – there is no crime where there is no law punishing it
Imprudence indicates lack of action, while negligence is deficiency of perception

Requisites of dolo or malice

a. He must have freedom
b. He must have intelligence
c. He must have intent
Read! US vs Ah Chong and People vs Oanis

Error in personae – mistake in the identity of the victim

Actus non facit reum nisi mens sit rea – the act itself does not make a man guilty unless his intention
were so
Actus me invito factus non est meus actus – an act done by me against my will in not my act

Requisites of culpa or fault

a. He must have freedom
b. He must have intelligence
c. He is imprudent, negligent or lack of foresight or skill
Mala in se – wrongful from their nature, such as theft, rape and homicide (intent governs)
Mala prohibita – wrong merely because prohibited by statute, such as illegal possession of firearms (has
the law been violated?)
Motive is the moving power which impels one to action for a definite result
Intent is the purpose to use a particular means to affect such result.

Art 4 criminal liability

El que es causa de la causa es causa del malcausado – he who is the cause of the case is the cause of the
evil caused)

Requisites of par 1 of art 4 (by any person committing a felony although the wrongful act done be
different from that which he intended)
a. That an intentional felony has been committed
b. That the wrong done to the aggrieved party be the direct, natural and logical consequence
of the felony committed by the offender
Not criminally liable because they were not committing a felony when:
a. An act which is not punishable by the RPC is attempting to commit suicide
b. One who shoots at another in self-defense, defense of relative, defense of a stranger, or in the
fulfillment of duty is not committing a felony, the act being justified (the act of defense of
 fulfillment of duty must be exercised with due care; otherwise, the accused will be liable for
culpable felony).
 Any person who creates in another’s mind an immediate sense of danger, which causes the
latter to do something resulting in the latter’s injuries, is liable for the resulting injuries.
Art 5 duty of the court in connection with acts which should be repressed but which are not covered by
the law, and in cases of excessive penalties
Nullum crimen, nulla poena sine lege – there is no crime if there is no law that punishes the act

Art 6 consummated, frustrated and attempted felonies

Example of preparatory acts which are considered punishable by law are
a. Possession of picklocks under art 304
b. Buying poison or carrying a weapon with which to kill the intended victim
c. Carrying inflammable materials to the place where a house is to be burned
Overt act is some physical activity or deed, indicating the intention to commit a particular crime, more
than a mere planning or preparation, which if carried to its complete termination following its natural
course, without being frustrated by external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a concrete offense.