TERMINOLOGIES BOOK 1:
21-113) Book 1
Law- rule of conduct just and obligatory
Legislative branch- congress
 Upper house: senate
 Lower house: house of representatives
Local legislative (sangguniang lalawigan o lungsod)-
Ordinance: local laws
Reason why laws are pressumed valid and
constitutional - People authorized by law
Common observance- it applies to all people, it is
beneficial to all people
Tort-violation of public laws
Crime- act or an ommission punishable by criminal
Act- any bodily movement tending to produce a effect
to external world.
Ommission- failure to perform an act
Criminal law- branch of law
1. Defines crime
2. Treats of nature
3. Provides for their punishment (penal law)
 All criminal law are penal law because it is
penalties.
Kinds of crime:
1. Felony/delito-RPC-mala in se (karamihan)
2. Offenses-SPL-mala prohibita (only becomes
wrong because there is law punishing them)
3. Misdemeanor- violations of simple rules and
regulations
 There are mala prohibita
a. Infraction- C/M or municipal ordinances
b. Delinquency- petty offenses or public
nuisance, anything in public irritations
RPC- primary source of philippine criminal law
 Created by Act 3815 (mere act)
 Enactment: Dec. 8, 1930
 Effectivity: Jan. 1, 1932
Parts of RPC:
1. Principals effecting criminal liability (Art. 1-20)
Book 1
2. Penalties and liabilities (Art.
3. Felony and their penalties ( Art. 114-366)-
Book2
Characteristics of criminal law:
1) Generality/general (who committed the crime)
 Applies to al people living (residing) or sojo
 urning (temporary) on the phil.
Exceptions: (what are the exceptions)
A. Treaties- agreements between or among
countries gratified by congress.
B. Laws of preferential application – 1987
constitution
C. Principals of international law- gratified by
different countries
Exceptions: (who are exempted)
A. Soveriegns and chied of state
 President, king, queen, emperor, prime
minister..
 Includes official family
B. Ambassador, minister, plenipotentiaries,
minister resident, and charge of affairs
C. Official of entourage/ retinue (household)- list
of their names must be submitted to the
department of foreign affairs
Note: consule is not included
Diplomant- representatives of a state
Immunity- freedm from prosecution
Sovereigns to ambassador (personal immunity)
Minister to household (functional immunity)
2 kinds of diplomant immunity
1. Personal immunity- based on the personal
circumstances of the grantee (based on who is?)
2. Functional immunity- crime must be committed
along the performance of official function in
order to be immuned
2) Territoriality (where?)- criminal law applies to
all crimes committed on the phil. Territory
Exceptions: Art.2 (extraterritorial jurisdiction)
a. Crimes committed on board a phil. Vessel or
airship
b. Counterfieting of forging Phil. Currency or
securities and obligations issued by the
government.
 c. Introducing into Phil. Courts (import) the above
mentions items.
d. Crimes committed by public officers while
performing their official functions
e. Crimes against national security and laws of
nations (the crime can be committed anywhere)
3) Prospectivity (when?) – also known as
irretroactivity/ irretrospectivity
 CL applies crimes committed after it took effect.
Lex prospicit non respicit (laws look forward and not
backward)
Exception: retroactive application (backward
application) – new law can retroact if it is favorable,
linient, or beneficial to the accused
Exception to exception: cannot retroact even if it is
beneficial to the following:
 Habitual criminal/ delinquent (FRETSL) 3 times
within 10 years
 The new law provides for non-retroactive
Ex post facto law: 3 definitions
1. Law that punishes an act which was not a crime
when committed
2. Law imposing a graver penalty to a crime
punishable by lower penalty at the time of
crime commissioned
3. Law that deminishes available defense at a time
of crime commission.
Bill attainder- a law that punishes an act without due
process, without trial
Ex post facto law and bill attainder- constitutional
limitations in the enactment of the law.
ART. 8 PROPOSAL AND CONSPIRACY TO COMMIT A
CRIME
Proposal- one wherevy a person decides to cmmit a
crime and proposes its execution to another.
 There must be a minimum of 2 person
 The proposing part will only be liable
Conspiracy- two or more persons come to an
agreement and decide to cmmit a crime. ( a proposal
which is accepted is a conspiracy)
General rule: not crimes (unless it was already put in
the action) but mere manner of commission (must be
put into action)
The fault of one is the fault of all- crimes committed
must be within the conspiracy- all crimes outside the
conspiracy are not included unless the co-conspirations
gave consent (implied or express)
Exceptions: considered a crime if: specififcally provided
by law
Example: proposal ro conspiracy to cmmit
a. Treason
b. Rebellion/insurrection
c. Coup D’ etat
d. Sedition (conspiracy)
ART. 6 STAGES OF CRIME COMMISSION
1. Consumated- all elements of the crime are
complete
2. Frustrated (1 degree lower)
a. Offender performs all acts of execution that
would produce the crime.
b. The expected crime was not produced
c. Reason of case independent of the will of
prepetrator (outside his control)
3. Attempted felony ( 2 degrees lower)
ART. 17 PRINCIPALS
a. Principal by direct participation (doer of the
crime)
b. Principal by inducement (before/during)
 Convinces PDP to commit the crime by
giving reward, promises, consideration.
 Ordered PDP to commit a crime
 Coerced PDP to cmmit a crime
 Motivated PDP to cmmit a crime: P.I
only becomes liable if his PDP
committed the crime.
c. Principal by indespensable cooperation
(before/during)- helped (highly necessary) PDP
in the crime of commision
ART. 18 ACCOMPLICE
 Before/during
 Help (not necessary) PDP in the crime
commision
ART.19 ACCESSORY (after)
1. Profited or helped PDP profit
2. Concealed or destroyed evidence
3. Harbored or helped PDP to escape
TAMP (treason, attempt in the life of the president,
mudrer, parricide)
ART. 20 EXCEMPTED ACCESSORIES
 Spouse
 Ascendants and descendants
 Natural. Legitimate, adopted, BRD
 Relative by affinity within the same degree
(marriage)
Note: only in 2 and 3 Art. 19
ART. 10 SUPPLETORY NATURE (RPC)
“ lex specialis derogat generali “
 Special penal law prevail over the RPC
 Acts which in the future are punishable by SPL
are not subject to RPC
 The RP code shall be supplementary SPL unless
otherwise provided exceptions to the
supplementary of the nature of RPC.
 RPC shall supplement SPL unless the SPL
provides otherwise.
Effect: repeal of the reapealing law by a new law will
not revive the repealed law unless the new law provides
for its revival.
4. Implied repeal
 Provisions of the repealing law are repugnant or
inconsistent with repealed law.
 Not recommended (avoided)
Effects: repeal of the repealing law by a new law woll
revive the repealed law.
Unless: the new law provides for non0revival of the
repealed law.

Exception:
1. Application is impossible
2. SPL prohibits the application of the RPC

Repeal ( laws must be repealable)

 Modification or a change of the law

1. Absolute or total repeal- decriminalizes an act

or ommission

Effects:
a. Cases is not yet yield- can no longer be filed
b. Case is pending- dimissed
c. Pending appeal- reversal of conviction
(acquital), appeal is dismissed
d. Serving sentence- released
Exception: habitual Delinquent
Writ of habeas corpus- if not release repealed by dump

2. Partial repeal- crime remains to be a crime,

modified the provisions of the law
a. Beneficial- apple
b. Not beneficial- do not apply (becomes ex post
facto law)

3. Express repeal – repealing law-

Repealed law- old law that was repealed or
modified by the new law

Preffered repeal- repealing law specifically

provides that it is the repealed law.