COURSE DESCRIPTION

This course shall deal with the study of the concepts and principles of Law and Criminal

Law, the Criminological Theories of Criminal Law, relevant provisions of the Revised

Penal Code Book 1, and related jurisprudence.

PART I - THE PHILIPPINE LEGAL SYSTEM

The Philippine legal system is a

mixture of customs and traditions -

Roman for civil law,

Anglo-American for common law

and Islamic law. The current legal

system is the result of the

immigration of Muslim Malays

before the pre-colonization period

and the subsequent colonization of

Spain and United States of America.

The results of this amalgamation

are laws such as civil law that

covers the areas of family relations,

property, contracts and criminal

law whereas the common law provides the areas of constitution, corporation, taxation

and labor laws.

It has been decided through jurisprudence that the so-called common law crimes that

exist in the United States and England are not recognized in the Philippines. Unless there

is a particular provision in the Revised Penal Code or Special Penal Laws or ordinances

that defines and punishes the act, no criminal liability or no crime is committed and

incurred.

General Concepts of Philippine Law

Law is defined as the principles and regulations established in a community by some

authority and applicable to its people, whether in the form of legislation or of custom

2 The United States v. Carson Taylor, G.R. No. L-9726 December 28, 1914

and policies recognized and enforced by judicial decision. In the Philippines, laws shall

take effect after fifteen (15) days following the completion of their publication in the

Official Gazette, or in

newspaper of general

circulation in the Philippines.

Official Gazette is the official

publication of the

government of the Republic

of the Philippines whereas,

for a newspaper to be considered of general

circulation, it is enough that it is published for the

dissemination of local news and general information;

that it has a bona fide subscription list of paying

subscribers; and that it is published at regular intervals.

Philippine Daily Inquirer and Manila Bulletin are

examples of newspapers of general circulation.

The main sources of Philippine law are:

A. The 1987 Constitution of the Republic of the

Philippines which is the fundamental and

supreme law of the land, as well as the other

previous Constitutions such as 1935 and 1973

Constitutions.

B. Statutes which include Acts of Congress, Local

Government legislation such as provincial and municipal

charters and ordinances, court rules, administrative rules

and regulations and presidential issuances.

C. Treaties and conventions entered by

the Republic of the Philippines with

other foreign States. Visiting Forces

Agreement with the United States (US) Government is an example of a treaty.

D. Jurisprudence, a part of the Philippine legal system,

are the judicial decisions applying to or interpreting the

laws or the Constitution of the Philippines. These are cases

decided by the Supreme Court.

In some instances, customary law also forms part of the

Philippine legal system provided that it must be proven as

a fact according to the established rules of evidence. Customs is defined as the rules of

conduct formed by repetition of acts uniformly observed as a social rule and are legally

binding and obligatory. Some of these customs are those belonging to the indigenous

people and cultural minorities. For Muslim Filipinos, the sources of their law are the

Muslim/Shariah Law.

General Concepts of Criminal Law

Criminal Law is defined as the branch or division of law

which defines crimes, treats of their nature, and

provides for their punishment. It is a branch of public

law that treats acts or omissions, which are primarily

wrongs against the State. Thus, criminal case is

denominated as “People of the Philippines v. x x x, i.e

People of the Philippines vs. Juan Dela Cruz.”

Criminal Law, primarily, studies Act No. 3815, as

amended or commonly known as the Revised Penal

Code (RPC). RPC consists of two,(2) books, namely: (1) Book One: General Provisions

Regarding the Date of Enforcement and the Application of the Provisions of this Code

and Regarding the Offenses, the Persons Liable and the Penalties; and (2) Book Two:
Crimes and Penalties. Act No. 3815 was approved on December 8, 1930 and took

effect on January 1, 1932.

Likewise, the study of criminal law includes special penal laws that are enacted by the

Congress to supplement or amend the existing RPC. Some examples of special penal

laws are: Republic Act 9165 or the Comprehensive Dangerous Drugs Act, Republic Act

9262 or the Anti-Violence against Women and their Children Act of 2004 and Republic

Act 10173 or the Data Privacy Act.

Some specific terminologies include:

A. Crime - a generic term that embraces any violation

of the Revised Penal Code, special penal laws and

municipal or city ordinances.

B. Felony - an act or omission punishable by the

Revised Penal Code. Estafa, kidnapping, murder

and parricide are some felonious acts.

C. Offense - an act or omission punishable by special penal law. Some of the

recently passed special penal laws are: RA 10913 - Anti-Distracted Driving Act of

2016, RA 10175 - Cybercrime Law, RA 11479 - Anti-Terrorism Act of 2020

D. Misdemeanor - a minor infraction of law. Some examples are those acts

punishable by fines, traffic violations and violations of municipal or barangay

ordinance.

Similarly, it is important to take note of the following legal maxims as it guides the

student in the course of the study of criminal law:

A. Nullum crimen nulla poena sine lege - There is no crime when there is no law that

punishes it.

This means that no matter how an act is

morally or socially wrong, for as long

there is no law that punishes it, then

there is no criminal act that has been

committed. In order for an act or

omission to be punished, there must be

a law that forbids it and that law at the

same time must provide for a penalty

violating it.

B. Actus non facit reum, nisi mens sit rea - The act cannot be criminal unless the

mind is criminal.

In criminal law, mens rea means the gravamen of the offense. The evil intent

must unite with an unlawful act for a crime to exist. There can be no crime when

the criminal’s mind is innocent.

C. Actus me invito factus non est meus actus - An act done by me against my will is

not my act.

Under Article 12, paragraphs 5 and 6 of the

RPC, a person who acts under compulsion of

irresistible force, like one who acts under the

impulse of uncontrollable fear or equal or

greater injury, is exempt from criminal liability

because of complete absence of freedom or

voluntariness.

D. El que es causa de la causa es causa del mal

causado - He who is the cause of the evil cause is

the cause of the evil caused.

One who commits a felony is responsible for all the

consequences which may naturally and logically

result therefrom, whether foreseen or intended or

not.

E. In dubio, pro reo - When in doubt, for the accused.

Under the constitutional presumption of innocence, when the State, through the

prosecution, falls short in proving with certainty the culpability of the accused,

acquittal on reasonable doubt becomes a matter of right.

In one of the most celebrated cases decided by the Supreme Court, it held as

follows:

“In our criminal justice system, what is

important is, not whether the court

entertains doubts about the innocence

of the accused since an open mind is

willing to explore all possibilities, but

whether it entertains a reasonable,

lingering doubt as to his guilt. For, it would be a serious mistake to

send an innocent man to jail where such kind of doubt hangs on to

one’s inner being, like a piece of meat lodged immovable

between teeth.

-Lejano vs. People/People vs. Webb,

G.R. No. 176389/G.R. No. 176864, Dec. 14, 2010”

Penal (Criminal) Laws are strictly construed against the State (Government) and

liberally in favor of the accused. When the law is ambiguous and there is doubt as to its

interpretation, penal laws should be strictly construed against the State.

PART II - THE PHILIPPINES AS A STATE

I. Concept of the State

State is a community of persons more or less numerous, permanently occupying

a definite portion of territory, independent of external control, and possessing an

organized government to which the great body of inhabitants render habitual

obedience. The Republic of the Philippines, United States of America, Japan

and other countries around the world are examples of a state.

The definition gave the four (4) elements of a State,

namely:

A. People - the paramount element of a State

which refers to the population or number of

persons found within its territory. There is no

ideal number of people but it should be large

enough to make it sufficient and to defend

themselves but small enough to make a good government possible.

In the Philippine setting, it refers to the sovereign Filipino people or Filipino

citizens who enjoyed civil and political rights.

As of Year 2020, the Philippines has a population of 109,581,078 . The

world’s most populous country is China while Vatican City has the least

population.

B. Territory - pertains to a definite and fixed area or surface of the earth

where the inhabitants of a State live and where they maintain a

government of their own. Land, water and air space comprise the territory

of the State.

Article I of the 1987 Constitution defines the Philippine territory. It includes

the terrestrial, fluvial and aerial domains of the Philippine archipelago and

all other territories over which the Philippines has sovereignty or jurisdiction.

It, likewise, covers the territorial sea, the seabed, the subsoil, the insular

shelves and other submarine areas.

Distinction between the domains of Philippine Territory

Terrestrial Fluvial Aerial

Refers to the land mass,

which may be

integrated or

dismembered, or partly

bound by water or

consists of one whole

island. It includes all the

resources attached to

the land.

Internal waters - the waters

around, between and

connecting the islands of the

archipelago, regardless of

their breadth and dimensions.

Examples: Sulu Sea, Cagayan

River, Balintang Channel

Archipelagic waters – waters

enclosed by the archipelagic

baselines, regardless of their

depth or distance from the

coast.

Territorial sea - belt of the sea

located between the coast

and internal waters of the

coastal state on the one

hand, and the high seas on

the other, extending up to 12

nautical miles from the low

water mark

Contiguous zone - Extends up

to 12 nautical miles from the

territorial sea. Although not

part of the territory, the

coastal State may exercise

jurisdiction to prevent

infringement of customs,
Rules governing the

high seas also

apply to outer

space, which is

considered as res

communes (for

everyone)

fiscal, immigration or sanitary

laws.

Exclusive economic zone -

Body of water extending up

to 200 nautical miles, within

which the state may exercise

sovereign rights to explore,

exploit, conserve and

manage the natural

resources.

Continental shelf – the

seabed and subsoil of the

submarine areas extending

beyond the Philippine

territorial sea.

High seas – for the use of

every country; not territory of

any particular State. They are

beyond the jurisdiction and

sovereign rights of the State.

The Philippines has a total land area of 300,000 square kilometers (115,831

square miles). In terms of land area, Russia is the largest country, while
Vatican City is the smallest country.

C. Government - is the agency or instrumentality through which the will of the

State is formulated, expressed, and

realized.

The government of the Philippines is the

corporate governmental entity through

which the functions of the government are

exercised throughout the Philippines,

including, save as the contrary appears

from the context, the various arms through

which political authority is made effective in the Philippines, whether

pertaining to the autonomous regions, the provincial, city, municipal or

barangay subdivisions or other forms of local government.

The two functions of the government are:

1. Constituent - the mandatory and compulsory functions for the

government to perform because it constitutes the very bonds of

society. Examples are the

maintenance of peace and

order, regulation of property

and property rights, the

administration of justice, the

definition and punishment of

crimes, among others.

2. Ministrant - the optional

functions for the government

to perform. These are

proprietary functions which

include the promotion of welfare, progress, and prosperity of the

people; health and safety regulations, and regulation of trade and

industry.

D. Sovereignty - is the supreme,

absolute, and uncontrollable power in

a State by which that State is

governed. The essential

characteristics of sovereignty are

permanent, exclusive,

comprehensive, inalienable,

imprescriptible, and unified.

There are four (4) kinds of sovereignty,

namely:

1. Legal Sovereignty - which is the

power to issue final and highest

commands, that power which

can override the prescription of

the divine law, the principles of morality and mandates of public opinion.

2. Political Sovereignty - that power which is the sum total of all the

influences which lie behind the law. In a narrower sense, the

electorate constitutes the political sovereign and in broader sense,

the whole mass of population.

3. Internal Sovereignty - is the supreme power of the State over

everything within its territory.

4. External Sovereignty - is also

known as independence,

which is freedom from

external control.

II. Inherent Powers of the State

The government has a wide latitude of

power and authority which if not controlled

will tend to be tyrannical. The Bill of Rights is

a guarantee that there are certain areas of

a person’s life, liberty, and property which

the government may not touch. It serves as

a leverage of the people against any form

of injustice.

In totality, the governmental power is

contained in three (3) great powers,

namely: police power, power of eminent

domain, and power of taxation. These are

inherent powers of the State because they

belong to the very essence of government

and without them no government can exist. A constitution does not grant these

powers but it can only define, delimit, and allocate their exercise among various

government agencies.

A. Police power is the power of promoting public welfare by restraining and

regulating the use and enjoyment of liberty and property. It is the most

pervasive, the least limitable, and the most demanding of the three

powers. It may be exercised as long as the activity or the property sought

to be regulated has some relevance for the public welfare. It enables it to

prohibit all that is hurtful to the comfort, safety and welfare of the society.

Police power rests upon

public necessity and upon

the right of the State and of

the public to self-protection.

Thus, its coverage may

change as needs arise.

The justification of police

power is found in the

following:

Salus populi est suprema lex which means that the will of the

people is the supreme law.

2. Sic utere tuo ut alienum non laedas means to use your property so

as not to injure the property rights of others.

Though police power can interfere and invade private affairs and

activities, it still has its limitations as provided by Article III, Section 1 of the

1987 Constitution, to wit:

1. The due process clause - that no person shall be deprived of life,

liberty or property without due process of law.

2. Equal protection clause - that no person shall be denied the equal

protection clause.

A valid exercise of a police power shall have the following requisites:

1. Lawful subject - which means that the

activity or property sought to be

regulated affects the general welfare

and if it does, then the enjoyment of the

rights flowing therefrom may have to give

way to the interest of the greater number.

2. Lawful means - which means that the

means employed to attain the purpose of

the law must be reasonably necessary and not unduly oppressive.

Some examples of the exercise of police power:

1. Color coding and supplementary rules to

minimize traffic of riding public.

2. Law requiring government officials and

employees to file annually a detailed

statement of their assets and liabilities.

3. DOLE’s order to suspend temporarily

deployment of Filipino domestic

workers to certain countries.

4. Requiring license for driving motor

vehicles.

5. Regulation of price control for basic

commodities.

Power of eminent domain (also known as power of expropriation) is the

inherent right of the State to condemn or forcibly take a private property

for public use upon payment of just compensation.

The basis of eminent

domain is the necessity of

the property for public

use. However, it may not

be exercised unless a

valid and definite offer

has been previously made

to the owner of property

and such offer was not

accepted.

As such, the elements of eminent domain are as follows:

1. There must be a necessity which must be of a public character.

2. All private property, and even public utility, capable of ownership

may be expropriated.

3. There must be taking or appropriation of title to or possession of the

expropriated property.

4. It must be for public use or productive for the general benefit of the
public.

5. Payment of just compensation where the full and fair equivalent of

the property is paid to the owners.

6. There must be due process of law where the owner must be given

an opportunity to be heard in the determination of the fair market

value of the property.

Some examples of power of eminent domain:

1. Expropriation of a land for the purpose of road widening.

2. Right of way for the construction of transmission lines.

3. Taking of private vast land for socialized housing.

Power of taxation is the power

by which the sovereign, through

its law-making body, raises

revenue to defray the necessary

expenses of government. Taxes

are the enforced proportional

contributions from persons and

property, levied by the State by

virtue of its sovereignty, for the

support of government and for

all public needs.

It is said that taxes are what we pay

for civilization society. Without

taxes, the government would be

paralyzed for lack of the motive

power to activate and operate it.

Hence, despite the natural

reluctance to surrender part of

one's hard earned income to the

taxing authorities, every person who

is able to must contribute his share in the running of the government. The

government for its part, is expected to respond in the form of tangible and

intangible benefits intended to improve the lives of the people and

enhance their moral and material values.

10

The power to tax is subject to the limitations imposed by the Constitution:

1. It is subject to the requirements of due process.

2. It is subject to the general requirement of due process.

3. It must be Constitutional or expressly found in the Constitution or

implied from its provisions.

4. It must be inherent.

Some examples of the power of taxation:

1. The imposition of the income tax from those employees and other

income earners.

2. Value-Added Tax (VAT)

3. Donor’s Tax and Estate Tax

The similarities of the inherent powers are as follows:

A. Inherent in the State, exercised even without need of constitutional grant.

B. Necessary and indispensable; State cannot be effective without them.

C. Methods by which the State interferes with private property.

D. Presupposes equivalent and compensation.

E. Exercised primarily by the Legislature.

On the other, distinctions of the inherent powers are as follows:

Police Power Eminent Domain Taxation

As to scope

Regulates both liberty and

property

Affects only property rights

As to exercising authority

Exercised only by the

Government

May be delegated to

private entities

Exercised only by the

Government

As to purpose for the exercise of the power

Public necessity and the

right of the State and of

the public to

self-preservation and

self-protection

Necessity of the public for

the use of private property

Public necessity; lifeblood

theory

As to the subject of the exercise of the power

Property is noxious or

intended for noxious

purpose and as such is

taken and destroyed

Property is wholesome and is devoted to public use or

purpose

As to the compensation given to the owner of the property

Compensation is the

intangible, altruistic feeling

that the individual has

contributed to the public

good

Compensation is the full

and fair equivalent of the

property taken

Compensation is the

protection and public

improvements instituted by

the government for the

taxes paid

PART IV

III. The Philippine Government

The Philippines is a democratic and

republican State. Sovereignty resides in

the people and all government authority

emanates from them.

11

The Philippines is a republic and

democratic government which is run by

the people through their chosen

representatives who, in turn, are

accountable to the sovereign will of the

people.

One of its characteristics is the

observance of the doctrine of separation of powers. The separation of power is the

actual but equal division of the governmental powers between the executive

department, legislative department, and judicial department.

The principle of separation of powers mandates that each of the three (3) great

branches of government has exclusive

cognizance of and is supreme in matters

falling within its own constitutionally

allocated sphere. Constitutional respect

and regard for sovereign acts, of a

co-equal branch prevents each branch

of the government from prying into the

acts done within its competence and

authority. The purpose of this principle is

12

to prevent the concentration of

authority in one person or group of

persons that might lead to an

irreparable error or abuse in its exercise

to the detriment of republican

institutions.

13

Other principles related to the doctrine of separation of powers:

A. Principle of Blending Power - Instances when powers are not confined

exclusively within one department but are assigned to or shared by

several departments.

Some examples of blending of powers are: the President prepares a

budget and Congress enacts an appropriation bill pursuant to that

budget; the President enters into a treaty with foreign countries and the

Senate ratifies the same; and the Supreme Court may declare a treaty or

law as unconstitutional.

B. Principle of Checks and Balance - Instances when one department is

given certain powers by which it may definitely restrain the others from

exceeding constitutional authority. It may object or resist any

encroachment upon its authority, or it may question, if necessary, any act

or acts which unlawfully interferes with its spheres of jurisdiction and

authority.

14

Some examples are: the legislature enacts laws but these laws have to be

presented to the executive department for its approval. The latter may

veto or disapprove the acts of the legislature; the courts are authorized to

determine, in actions brought to it for decision, the validity of the

legislative measures or executive acts; and the executive department,

through its pardoning power, may also modify or set aside the judgment

of the courts.

C. Principle of Comity - The practice of voluntarily observing

interdepartmental courtesy in undertaking their assigned constitutional

duties for the harmonious working of government.

PART V

IV. The Three (3) Branches of Government

The Constitution explicitly provides that the legislative (legislation) shall be vested in the

Congress, the executive (execution) shall be vested in the President of the Philippines,

and the judicial power (settlement of legal controversies) shall be vested in the

Supreme court and in such lower courts as may be established by law.

Distinctions between the three branches of Government

Legislative Executive Judicial

As to mandates

To make laws, alter and

repeal them through the

power vested in the

Philippine Congress

To enforce and administer

laws

To evaluate laws or more

specifically:
1. To settle actual

controversies

involving rights that

are legally

demandable and

enforceable.

2. To determine

whether or not there

has been a grave

abuse of discretion

amounting to lack

or excess of

jurisdiction on the

part and

instrumentality of

the government

As to Composition

Senate - Upper House

House of Representatives

(HOR) - Lower House

HOR is composed of two

(2):

1. District

Representatives

2. Party-List

Representatives

President

Vice President

Cabinet (Department)
Secretaries, i.e. DILG,

DepEd, DOH, etc.

Supreme Court

Court of Appeals, Court of

Tax Appeals

Regional Trial Courts,

Quasi-Judicial Bodies (i.e

NLRC)

Metropolitan Trial Court,

Municipal Trial Court,

Municipal Circuit Trial Court

As to Functions

Legislative Power

1. General Plenary

Power

2. Specific power of

appropriation

3. Taxation and

expropriation

4. Legislative

investigations

Non-Legislative Power

1. Canvass

presidential

elections

2. Declare the

existence of a state

of war

3. Delegation of
emergency power

4. Call special election

for President and

Vice President

5. Give concurrence

to treaties and

Executive Power

Power of Appointment

Power of Removal/

Disciplinary power

Power of

Control/Supervision

Military powers

Pardoning power/Power of

Executive Clemency

Borrowing Power

Diplomatic Power

Budgetary Power

Informing Power

Residual Power

Other powers:

1. Call Congress to a

special session

2. Approve or veto bills

3. Deport aliens

4. By delegation of

Congress: exercise

emergency and

tariff powers
Judicial Power

1. Exercise original

jurisdiction

2. Exercise appellate

jurisdiction

3. Electoral Tribunal for

Presidential and

Vice-Presidential

Contests

4. Temporary

assignments of

judges

5. Order a change of

venue

Rule-making power

Power of Appointment

Power of Administrative

Supervision

Contempt powers

amnesties

6. Propose

constitutional

amendments

The State has the authority, under its police power, to define and punish crimes through

the legislative branch of government by enacting penal laws. Meanwhile, the

executive department is mandated to implement these penal laws through agencies

and instrumentalities under its supervision. The task of the judiciary is to interpret the laws

enacted and executed to determine whether it is within the ambit of law granted to

them.
The right of prosecution and punishment for a crime is one of the attributes that by a

natural law belongs to the sovereign power instinctively charged by the common will of

the members of society to look after, guard and defend the interests of the community,

the individual and social rights and the liberties of every citizen and the guaranty of the

exercise of his rights.

15

PART VI - Theories in Criminal Law Punishment and Sentencing, Sources of Criminal Law

and the Limitations of the application of Criminal Law

There are three (3) important theories in criminal law, namely:

1. Classical theory - The basis is the human free will and the purpose of the penalty

is retribution.

According to this theory, man is

essentially a moral creature with an

absolute free will to choose

between good and evil, thereby

placing more stress upon the effect

or result of the felonious act than

upon the man, the criminal himself.

2. Positivist theory - According to

positivist theory, man is subdued

occasionally by a strange morbid

phenomenon which constrains him

to do wrong, in spite of or contrary

to his volition.

The purpose of the penalty is

reformation.

3. Eclectic or mixed theory - This is a combination of both the classical and positivist

theories. Crimes that our economic and social in nature should be dealt with in a

positivist manner; thus the law is more compassionate. Heinous crimes should be
dealt with in a classical manner, thus capital punishment or most severe penalty

is imposed.

Further, our criminal code is considered as eclectic

as the system acknowledges the age of the

offender, the mitigating and justifying

circumstances such as intoxication of the offender,

among others.

PART VIII

The following are the sources of Philippine criminal law:

1. The Revised Penal Code (ACt No. 3815) and its amendments. See previous

discussion.

2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly,

Philippine Legislature, National Assembly, Batasang Pambansa and the

Congress of the Philippines. Except for the last one, those that were mentioned

were the previous names of the legislative branch of the government. Likewise,

please see the previous discussion.

3. Penal Presidential Decrees

issued during Martial Law.

These were an innovation of

President Ferdinand E.

Marcos with the

proclamation of Martial Law.

They served to arrogate unto

the Chief Executive the

lawmaking powers of

Congress. Only President

Marcos issued Presidential

Decrees.

Some examples of Presidential Decrees are:

1. P. D. No. 1 - Reorganizing the Executive Branch of the Government

2. P.D. No. 1057 - Amending Republic Act No. 4136 Otherwise known as the

Land Transportation and Traffic Code

3. P.D. No. 1055 - Granting Citizenship to Deserving Aliens and for other

Purposes

PART IX

The State, through its government, can enact and legislate criminal laws to effectively

ensure the peace and orderliness of the country. However, there are certain

limitations imposed by the Constitution on the power of the Congress to enact laws.

These are the limitations:

1. It must be general in application and must clearly define the acts and

omissions punished as crimes.

2. There must be an equal protection. It

guarantees that classification of

matters concerning the criminal act or

actors is valid for there is a substantial

distinctions. It must also be germane or

relevant to the purpose of law, must not

be limited to existing conditions and

must apply equally to all members of

the same class.

3. There must be a due process in criminal cases. Due process means that the

accused is heard by a court of competent jurisdiction; that the accused is

proceeded under the orderly processes of law; that the accused is given

notice and opportunity to be heard; and that judgment rendered was within

the authority of a constitutional law.

4. No ex post facto law or bill of attainder shall be enacted.

An ex post facto law is a law that changes the

legal status or consequences of an action after it

has already been done, especially a law that

makes an action illegal after it has been

committed.

Further, it

a. makes an action done before the passing

of the law and which was innocent when

done, criminal, and punishes such action;

or

b. aggravates a crime or makes it greater

than it was when committed; or

c. changes the punishment and inflicts a

greater punishment than the law annexed

to the crime when it was committed; or

d. alters the legal rules of evidence and receives less or different testimony

than the law required at the time of the commission of the offense in order

to convict the defendant.

e. assumes to regulate civil rights and remedies

only but in effect imposes a penalty or deprivation of a

right which when done was lawful; or

f. deprives a person accused of a crime of

some lawful protection to which he has become entitled,

such as the protection of a former conviction or acquittal,

or a proclamation of amnesty.

For example, if the death penalty law will be revived by

the Congress, those cases existing before the passage of

law is not covered by the the said law for it constitute ex

post facto law. Death penalty law shall covered only those

cases punishable at the time it took effect.

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. For example, Congress

passes a law which authorizes the arrest and

imprisonment of communists without the benefit

of judicial trial.

5. Non-imposition of cruel and unusual

punishment or excessive fines. This means

that excessive fines, cruel, degrading or

inhuman punishment shall not be inflicted.

The employment of physical, psychological or degrading punishment against

any prisoner or detainee or the use of substandard or inadequate penal

facilities under subhuman conditions shall be dealt with by law.

For examples: burning or

crucifying a thief is cruel,

inhuman and barbarous;

imposing a penalty of One Million

pesos for throwing a piece of

candy wrapper is an excessive

and cruel fine; and chopping of

arms for those convicted of

robbery is cruel and inhuman.

PART X - Characteristics of Criminal Law

Criminal Law is characterized as follows:

1. General

2. Territorial

3. Prospective

1. Generality - Penal laws and those of

public security and safety shall be

obligatory upon all who live and

sojourn in the Philippine territory. This

means that as a general rule, criminal

laws are binding and applicable on

all persons who live or sojourn in the

Philippines. This includes the citizens of

the Philippines or even aliens, whether

living or staying temporarily in the

country.

However, there are recognized exceptions, as follows:

a. Treaties and Treaty stipulations -

Treaties are agreement between

two states or countries. Usually, it is

the head of the state like the

President who is authorized to

enter into a treaty.

Examples of treaties are the.

RP-US Mutual Defense Treaty of

August 30, 1951 and RP-US Visiting

Forces Agreement (VFA) which

was signed on February 10, 1998.

Under the said treaties, certain

jurisdictions shall be conferred to the Philippines or the United States,

depending on the persons involved.

b. Warship rule - a warship

of another country even though

docked in the Philippines is considered

as an extension of their respective

country and cannot be subjected to

the laws of another state.

French Rule

(Flag or National)

English Rule

(Territoriality or Situs of the Crime)

General Rule: Crimes committed

aboard a vessel within the territorial

waters of another country are NOT

triable in the courts of that country

General Rule: Crimes committed

aboard a vessel within the territorial

waters of another country are

TRIABLE in that country

Exception: When their commission

affects the peace and security of

the territory or when the safety of

the state is endangered`

Exception: When the crimes merely

affect things within the vessel of

when they only refer to the internal

management thereof.

The same rule applies to foreign embassies. Thus, persons who

commit crimes within foreign warships and embassies cannot be

prosecuted for violation of Philippine penal laws.

c. Laws of Preferential Application -

i. R.A. 75 provides for those persons

who are exempt from arrest and

imprisonment and whose properties

are exempt from distraint, seizure

and attachment

1. Public Ministers

2. Ambassadors

3. Domestic servants of

ambassadors and public

ministers

d. Principles of Public International Law - the

following are persons exempted, whether

or not the crime committed is outside the

performance of their duties:

1. Sovereigns and other heads of state

2. Charges d’affaires

3. Ambassadors

4. Ministers plenipotentiary

5. Ministers residents

Consuls, vice-consuls and other commercial representatives of foreign

nations do not possess the status of, and cannot claim the privileges and

immunities accorded to ambassadors and ministers.

2. Territoriality - The principle of territoriality means that as a rule, criminal laws of

the Philippines are enforceable and shall take effect only within its territory.

The following are the exceptions:

a. Treaty / Laws of Preferential Application. See previous discussion.

b. Extraterritoriality - refers to the application of the RPC outside the

Philippine territory. (Art. 2, RPC)

The provisions of the RPC are enforceable even outside Philippine territory

against those who:

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

This means that the crime must be committed on board of a

private or merchant ship. The ship must be registered in the

Philippines under Philippine law and that the crime must be

committed while the ship is on international waters.

Under this exception, the French or English rules are likewise

observed.

ii. Should forge or counterfeit any coin or currency note of the

Philippines or obligations and securities issued by the Government;

Forgery is committed by giving to a treasury or bank note or any

instrument payable to a bearer or to order the appearance of of a

true genuine document or by erasing, substituting or, counterfeiting

or altering by any means the figures, letters, words or signs

contained therein.

If

forgery was perpetrated abroad, the object of the crime must be a

coin, currency note or obligations and securities issued by the

Government of the Philippines.

iii. Should introduce into the country the above-mentioned

obligations and securities;

Those who introduced or brought the counterfeit items in the

Philippines are criminally liable even if they are not the ones who

counterfeited the same because introduction and counterfeiting

are separately enumerated.

iv. While being public officers or employees, should commit an offense

in the exercise of their functions

1. Direct/Indirect/Qualified bribery

2. Failure to Render Accounts/Failure to Render Account

before leaving the country

3. Malversation of Public Funds or Property

4. Corruption
For example, if a personnel of Bureau of Internal Revenue

went to London to do a regular auditing of the Philippine

consulate and committed a crime of murder while being

there, he cannot be prosecuted in the Philippines because

the crime has no connection with his official duties,

v. Should commit any of the crimes against national security and the

law of nations defined in Title One of Book Two (RPC, Arts. 114-122)

1. Treason

2. Conspiracy and Proposal to Commit Treason

3. Misprision of Treason

4. Espionage

Examples of Crimes against the law of nations:

1. Piracy under RPC

2. Genocide

3. Terrorism

3. Prospectivity - General Rule: Criminal law cannot penalize an act that was not

punishable at the time of its commission.It

means that penal laws cannot make an

act punishable in a manner in which it

was not punishable when committed.

By way of exception, it may only be

applied retroactively when the new law is

favorable to the accused. Thus, a law can

be made to retroact if:

a. It makes the penalty for a

crime lighter;

b. It repeals a law making an

act no longer criminal or punishable; or

c. It is favorable to the
accused who is not a habitual delinquent.

WEEK 5 - FELONIES AND ITS CLASSIFICATION

Definition of Felonies

Felonies are acts or omissions

punishable by the Revised Penal

Code (RPC). Violations of special

laws are generally referred to as

offenses.

1. Acts - any bodily movement tending to

produce some effect in the external world.

Example: Pedro hacked Juan using his bolo

thereby killing Juan. The act of killing Juan

constitutes the crime of murder or homicide.

2. Omission - failure to perform a positive duty

which one is bound to do.

Example: a. Abandonment of a child below

seven years of age who is under his custody.

b. Anyone who shall fail to help or render assistance to another whom

he has accidentally wounded or injured.

Development of crime

From the moment the culprit conceives the idea of committing a crime up to the

realization of the same, his act passes through certain stages.

1. Internal acts - these are mere ideas

in the mind of the actor and are not

punishable.

Example: Lily, a househelp, suffered

cruelty from her employer. To

comfort herself, Lily thinks of revenge

for her plight by killing her employer. The killing in the mind of Lily is
considered as an internal act and unless she carried it, then it would not

constitute a crime.

2. External acts - these refer to (a) preparatory acts; and (b) acts of

execution.

a. Preparatory acts - generally, these are not punishable unless these

acts are punished as independent crimes.

Examples:

i. Possession of picklocks under

Article 304 of RPC. The possession

of picklocks is a preparatory act

to the commission of robbery.

ii. Conspiracy and proposal to

commit a crime being

preparatory acts are not punished except those provided by

law.

b. Acts of execution - these acts are punishable under RPC and

depending on the stages of their execution, whether it is

attempted, frustrated or consummated.

Classification of Felonies

1. According to the means by which

they are committed:

a. Dolo or Intentional Felonies -

The act performed or the omission is

incurred with deliberate intent or malice to

do an injury.

Example: Those acts or omissions found in

RPC such as murder, robbery and rape.

Elements of dolo or intentional felonies

i. Freedom - voluntariness or freedom on the part of the person to

commit the act or omission.

There is a lack of freedom if

there is the presence of

irresistible force (Art. 12,

par. 5) or uncontrollable

fear (Art. 12, par. 6).

ii. Intelligence - the capacity

to know and understand

the consequences of one’s

act.

Intelligence is negated by

reason of imbecility, insanity, or 15 years of age or under (Art. 12,

pars. 1, 2 and 3).

iii. Intent - being a mental state is presumed from the commission of

an unlawful act. It is the use of a particular means to bring about

the desired result.

Intent is negated by mistake of facts.

2 Kinds of Intent:

General Intent Specific Intent

An intention to do wrong. An intention to commit a

definite act.

Presumed to exist from the

mere doing of a wrongful act.

Existence of the intent is not

presumed as it is an ingredient

or element of the felony.

Example: The use of a lethal weapon would show the intent to kill

although death did not result.

Distinction Between Intent and Motive

Intent Motive

The purpose to use a particular

means to effect such result.

The reason or moving power

which impels one to commit an

act for a definite result

An element of the crime,

except in an unintentional

felonies

Not an element of the crime.

Essential in intentional felony Essential only when the identity

of the perpetrator is in doubt.

Example: Elsa, who is jealous of Anna, shot the latter as a result of

which Anna died. The intent is to kill but the motive is jealousy.

Some instances when motive is relevant or necessary:

1. If the evidence is merely circumstantial.

2. There is doubt as to the identity of the accused.

3. There are no eyewitnesses to the crime and where suspicion

is likely to fall upon a number of persons.

4. The act may give rise to variant crimes i.e. kidnapping or

robbery.

b. Culpa or Unintentional Felonies - the act or omission is not malicious or the

injury is unintentional or simply the incident of another act performed

without malice.

Elements of culpable or unintentional felonies:

i. Freedom

ii. Intelligence

iii. Negligence, Imprudence, lack of foresight, or lack of skill

Negligence - is deficiency of
perception, the failure to pay

proper attention and to use

diligence in foreseeing the

injury or damage impending

to because; usually involves

lack of foresight.

Example: Lito, the store

owner, failed to put “Caution: Wet Floor” sign after mopping the

floor. A customer entered the store and slipped causing his head to

be hit on the floor and suffered severe head damage.

Imprudence - is deficiency of action,

the failure to take the necessary

precaution to avoid injury to person

or damage to property; usually

involves lack of skill.

Example: A driver hit a passenger of another vehicle that had

stopped at a road shoulder which cause for the latter’s leg to be

amputated.

Mistake of Fact - it is a misapprehension

of fact on the part of the person causing

injury to another. Such person is not

criminally liable as he acted upon

without criminal intent. It is not

applicable in culpable felonies.

Elements of a Mistake of Fact:

1. The act done would have been

lawful had the facts been as the

accused believed them to be.

2. The intention of the accused in performing the act should have been lawful.
3. The mistake must be without fault or carelessness on the part of the accused.

Illustration:

U.S. vs. Ah Chong

G.R. No. L-5272 March 19, 1910

Ah Chong was a cook in Ft. McKinley. He was afraid of bad elements. One evening,

before going to bed, he locked himself in his room by placing a chair against the door.

After having gone to bed, he was awakened by someone trying to open the door. He

called out twice, “Who is there?” but received no answer. Fearing that the intruder was

a robber, he leaped from his bed and called out again, “If you enter the room, I will kill

you!” But at that precise moment, he was struck by the chair that had been placed

against the door, and believing that he was being attacked and seized a kitchen knife

and struck and fatally wounded the intruder who turned out to be his roommate. The

Supreme Court decided that Ah Chong must be acquitted by mistake of fact. There

was no criminal intent.

Week 5: FELONIES AND ITS EXECUTION (Continuation)

2. According to Nature

a. Mala in Se crimes - these are acts or omissions which are inherently evil. It

is something immoral in itself, regardless of the fact that it is punishable by

law itself.

Example: Generally, those acts or

omission punishable by RPC like

murder, rape and robbery.

b. Mala Prohibita crimes - these are

crimes that are punishable by

special penal laws. It is punishable

because the prohibited act is so injurious to the public welfare that it is the

crime itself.

Example: Generally, those acts or omissions punishable by special laws.

`
Some Distinctions between Mala in Se and Mala Prohibita

Mala in Se Mala Prohibita

Basis

Moral state Wrong because it is prohibited by

law

Use of good faith as a defense

Good faith is a valid defense,

unless the crime is the result of

culpa

Good faith is not a defense

Intent as an element

Intent is an element Criminal intent is immaterial

As to mitigating and aggravating circumstances

Rules on mitigating and Rules on mitigating and

aggravating circumstances

apply

aggravating circumstances do

not apply unless the special law

provides

As to penalty

Penalty is computed on the basis

of whether he is a principal

offender, or an accomplice or an

accessory

The penalty imposed on the

offenders are the same whether

they are merely accomplices or

accessories

As to stages in execution
There are three (3) stages:

attempted, frustrated and

consummated

No such stages of execution

As to persons criminally liable

There are three persons criminally

liable: principal, accomplice and

accessory

Generally, only the principal is

liable.

3. As to stages of execution

a. Attempted felony - there is an attempt when the offended commences

the commission of a felony directly by overt acts, and does not perform all

the acts of execution which should produce the felony by reason of some

cause or accident other than his own spontaneous desistance.

Elements of Attempted felony:

i. The offender commences the commission of felony directly by

overt acts.

Overt acts - is some physical activity or deed, indicating the

intention to commit a particular crime. It is more than a mere

planning or preparation which if carried to its complete termination

following its natural course and without being frustrated by external

obstacles or voluntary desistance from the perpetrator, will logically

ripen into a concrete offense.

Example: If Pedro brought a gallon of gasoline in preparation of

burning the house of

Juan, his enemy, such an

act is only preparatory

and not an overt act, for

gasoline may be used for

running a maintenance

equipment. But if Pedro

throws the gasoline to

the house of Juan and

matches it, then it is more than a preparatory act. Buying gasoline

and matches it constitutes an overt act of the crime of arson.

ii. The offender does not perform all the acts which should produce

the felony;

iii. The non-performance of all acts of execution was due to a cause

or accident other than the offender’s own spontaneous

desistance.

Examples of attempted felony:

i. Jose was caught opening with an iron bar a wall of a liquor store.

He broke one one board and was unfastening another when a

patrolling police caught him. Jose committed an attempt to

trespass to dwelling based on the acts performed by him before

being caught. However, should he succeed in entering the store

and ransack it, then he would be liable for the crime of robbery.

ii. Pepito aimed his pistol at Bart to kill the latter, but when he pressed

the trigger it jammed and no bullet was fired from the pistol.

iii. Trixie picked the pocket of Anna, inside of which there was a wallet

containing P5,000.00. Before Trixie could remove it from the pocke

of Anna, the latter grabbed Trixie’s hand and prevented her from

taking it.

b. Frustrated felony - when the offender performs all the acts of execution

which would produce the felony as a consequence but which

nevertheless, do not produce it by reason of causes/independent of the

will of the perpetrator.

Elements of a frustrated felony:

i. The offender performs all the acts of execution.

ii. All the acts performed would produce the felony as a

consequence.

iii. But the felony is not produced.

iv. By reason of causes independent of the will of the perpetrator.

Example of frustrated felony:

i. Mila, with the intent to kill,

stabbed Anton in the

abdomen, penetrating the

liver and in the chest. It was

only the prompt and skillful

medical treatment which

Anton received that saved

his life. Thus, the crime

committed by Mila is

frustrated murder. All the acts necessary to commit the crime have

been done however because of timely medical intervention, Anton

did not die.

What are the crimes that do not admit frustrated stages?

They are those, by which the definition of a frustrated felony, the offender

cannot possibly perform all the acts of execution to bring the desired

result without consummating the offense.

Example of crimes which do not admit frustrated stage:

i. Rape - since the gravamen of rape is carnal knowledge, the

slightest penetration of the female organ consummates the felony.

ii. Arson - mere scorching or burning of even a portion of the building

consummates the crime.

iii. Indirect bribery - by acceptance of the gifts offered to the public

officer by reason of his office consummates the crime.

iv. Physical injury - since it cannot be determined whether the injury

will be slight, less serious or serious unless it is consummated.

v. Theft and Robbery - because the unlawful taking immediately

consummates the crime.

c. Consummated felony - when all the elements necessary for its execution

and accomplishment are present.

Example:

Max wanted to kill Reyna so he shot her, causing the latter’s immediate

death. When Reyna died, a crime of murder was committed. There is

nothing that Max can do in order that his criminal design be

accomplished. The crime has been consummated by the death of Reyna.

The following are the manners of committing a crime:

a. Formal crimes or crimes of effect - these are felonies which by a single act

of the accused consummates the offense as a matter of law. It is always

consummated and there is no attempted stage.

Example: Physical injuries, Acts of lasciviousness, slander, falsification,

illegal exaction.

b. Crimes consummated by mere attempt or proposal or by over act.

Example: corruption of minors, flight to enemy’s country, treason

c. Felony by omission - There can be no attempted stage because the

offender does not execute acts.

Example: Misprision of treason

d. Crimes requiring the intervention of two perpetrators to commit them are

consummated by mere agreement.

Example: Betting in sport contest, corruption of public officer

e. Material crimes - these are crimes which involve the three (3) stages of

execution.

Example: Murder, homicide

The following are crimes in which stages of execution of crimes are not

applicable:

a. Offenses punishable by Special Penal Laws, unless otherwise provided.

b. Formal crimes.

c. Impossible crimes

d. Crimes consummated by mere attempt.

e. Felony by omission.

f. Crimes committed by mere agreement.

Phases of felony:

a. Subjective phase – that portion of execution of the crime starting from the

point where the offender begins up to that point where he still has control

of his acts.

If it reaches the point where he has no more control over his acts, the

subjective phase has passed. If the subjective phase is not yet passed, the

felony would be a mere attempt. If it has already passed, but the felony is

not produced, as a rule, it is frustrated.

b. Objective phase – results of the acts of execution, that is, the

accomplishment of the crime. If the subjective and objective phases are

present, there is a consummated felony.

WEEK 7: ELEMENTS OF CRIMINAL LIABILITY

Article 4 of the RPC provides that criminal liability shall be incurred as follows:

1. By any person committing a

felony (delito) although the

wrongful act done be

different from that which he

intended.

2. By any person performing an

act which would be an

offense against persons or

property, were it not for the

inherent impossibility of its

accomplishment on account of the employment or inadequate or

ineffectual means.

The elements of Art. 4 (1) are:

1. The accused must be committing a felony.

There is no felony committed when the act or omission is not punishable

by the RPC or when the act is covered by any of the justifying

circumstances enumerated in Art. 11 of the RPC.

2. The felony must be intentional.

The felony to be committed by the offender should be one committed by

means of dolo, that is with malice.

If the wrongful act results from imprudence, negligence, lack of foresight

or lack of skill of the offender, his liability should be determined under Art.

365 of the RPC, which defines and penalizes criminal negligence.

3. The felony committed by the accused should be the proximate cause of

the resulting injury.

The rationale behind Art. 4 (1) lies in the principle of “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 - is that cause,

which, in natural and continuous

sequence, unbroken by any efficient

intervening cause, produces the injury,

and without the result would not have

occured.

If the result can be traced back

to the original act, then the doer of the

original act can be held criminally liable. 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.

Example:

a. Tito who was threatened and chased by Joey with a knife, jumped into

the water and because of the strong current or he did not know how to

swim he sank down and died of drowning.

b. During a robbery in a passenger jeepney, one of the culprits told the

women passengers “to bring out their money and not to shout or else they

will be shot”. Lisa, one of the women, jumped out of the jeepney. Her

head struck the pavement. She died as a consequence.

Proximate cause is negated by efficient intervening cause. it is an active force,

distinct act, or fact absolutely foreign from the felonious act of the accused. It also

consists of the intentional act of the victim which causes the resulting injury.

Example of efficient intervening cause:

a. Karenina was a victim of rape. Because the incident keeps on haunting

her mind, she committed suicide. The offender (rapist) is not liable for

Karenina’s death because it is the intentional act of the victim.

b. If slight physical injuries are inflicted by Mario upon Joel, and the latter

deliberately immerses his body in a contaminated cesspool, thereby

causing his injuries to become infected and serious, Mario cannot be held

liable for the crime of serious physical injuries. The act of Joel in

deliberately immersing his body in a contaminated cesspool, not the slight

physical injuries inflicted by Mario, is the proximate cause of the serious

physical injuries.

The following are instances when a person will still be held criminally liable

although the wrongful act done is different from that

which he intended.

a. Error in Personae - there is a mistake in the

identity of the victim

Example: Berto intended to kill Asyong but it

was Cardo whom he shot because he had

mistaken Cardo to Asyong.

b. Mistake in the Blow or Aberratio Ictus -

mistake in blow or hitting somebody other

than the target due to lack of skill or fortuitous events.

Example: Nato, with intent to kill, hacked Prudencio. Prudencio was not hit

but Carlito, who was

also behind

Prudencio, was hit.

Carlito died. Nato is

liable for his attempt

to kill Prudencio. Nato

is also liable for the

death of Carlito. The

death of Carlito is the natural consequence of the felonious act of Nato.

c. Praeter Intentionem - means that the

injurious result is greater than that

intended or expected by the

offender.

Example: Harry boxed Mon with the

intention of inflicting a lump on Mon.

As a result of the blow, Mon lost his

balance and fell to the ground with

his head hitting the pavement causing his death. Harry is liable for

homicide.

Article 4 (2) is also known as impossible crimes. The impossibility of

accomplishing criminal intent is not merely a defense but an act penalized by itself.

Purpose of punishing impossible

crime:

To suppress criminal propensity or

criminal tendencies. Objectively,

the offender has not committed a

felony, but subjectively, he is a

criminal.

The elements of impossible crimes are:

a. That the act performed would be an offense against persons or property.

b. That the act was done with evil intent,

c. That its accomplishment is inherently impossible, or that the means

employed is either inadequate or ineffectual.

Inherent impossibility means that its accomplishment is impossible. There

are two (2) kinds of inherent impossibility:

a. Physical or factual impossibility - when extraneous circumstances

unknown to the offender or beyond his control prevent the

consummation of the intended crime.

Example: Pepe intended to steal Nanding’s wallet but later on finds

out that the wallet is empty.

b. Legal impossibility - where the intended acts, even if completed

would not amount to crime.

Example: Lito wants to kill Jose so he went to the latter’s house

where he saw Jose sleeping on the terrace. Lito fired a gun into the

head and chest of the Jose, not knowing that Jose has been dead

for more than one hour by reason of heart attack, as attested by a

medico-legal examination. There is legal impossibility because you

cannot kill a dead person.

Inadequate means insufficient.

Example: Teresa wants to kill Leonora

by poisoning the latter. Teresa

brought a poison for rat. Knowing that

the poison she bought is highly

toxicated, she only put a small

portion to the soup and gave to Teresa. Teresa did not die because her

immunity level is so far as the rat poison is concerned is higher. There is

inadequacy here because the poison is inadequate to kill Teresa.

Ineffectual indicates that the means employed did not produce the result

expected.

Example: Archie put into the soup he offered to Manny to drink arsenic

which he bought from a street vendor in Quiapo. However, Manny did not

die because what Archie thought to be arsenic was actually salt. The

means to kill Manny is ineffectual.

d. That the act performed should not constitute a violation of another

provision of the RPC.

WEEK 8: DUTY OF THE COURT IN CONNECTION TO CRIMINAL ACTS COMMITTED (Article 5,

RPC)

Nullum crimen nulla poena

sine lege (there is no crime when

there is no law that defines and

punishes it) is the guiding principle of

this article. As a civil law country, the

Philippines penal laws are enacted.

Crime is the product of law and no

matter evil an act is, it is not a crime

unless there is a law punishing it.

Paragraph 1. Acts which should be repressed but which are not covered by law

(Acts which are not punishable)

Requisites:

1. The act committed by the accused appears not punishable by any law.
2. But the court deems it proper

to repress such act.

3. In that case, the court must

render the proper decision by

dismissing the case and

acquitting the accused.

4. The judge must then make a

report to the Chief Executive,

through the Secretary of

Justice, stating the reasons which induce him to believe that the said act

should be made the subject of penal legislation.

Paragraph 2. In cases of excessive penalties.

Requisites:

1. The court after trial finds the accused guilty.

2. The penalty provided by law and which the

3. The court imposes for the crime committed

appears to be clearly excessive because:

a. The accused acted with lesser degree

of malice, and/or;

b. There is no injury or the injury caused is

of lesser gravity.

3. The court should not suspend the execution of

the sentence.

4. The judge must then make a report to the Chief Executive, through the

Secretary of Justice, recommending executive clemency (or reduction of

penalty or even pardon).

Courts have the duty to apply the penalty provided by law. It is a well-settled rule

that the courts are not concerned with the wisdom, efficacy or morality of the laws.

That question falls exclusively within the area of Legislature which enacts them and the
 President who approves or vetoes them.

Example:

Present law prohibits and punishes drunk driving. There is no law banning a drunk

person from riding a public vehicle, or the driver allowing a person who appears to be

drunk to board a public utility vehicle. A drunk passenger or one under the influence of

a liquor or drug may pose peril or harm to other passengers. He is prone to react

irrationally and violently due lack of self-control. Senseless loss of lives and physical harm

may be avoided and the riding public may be protected if this situation can be

addressed.