Criminal Law 1

SUPPLEMENTAL READING MATERIAL 1

Difference Between mala in se and mala prohibita

mala in se mala prohibita

As to its nature Wrong by its very nature
As to the use of good faith as a defense Good faith is a valid defense; unless the
crime is the result of culpa
As to the use of intent as an element The intent is an element
As to the degree of accomplishment of the The degree of accomplishment of the
crime crime is taken into account in punishing
the offender
As to the presence of mitigating and Mitigating and aggravating circumstances
aggravating circumstances are taken into account in imposing the
penalty
As to the degree of participation When there is more than one offender, the
degree of participation of each in the
commission of the crime is taken into
account
As to the persons criminally liable The penalty is computed on the basis of
whether he is a principal offender or
merely an accomplice or accessory
As to what laws are violated Violation of the Revised Penal Code (as a
general rule)
Wrong because it is prohibited by law
Good faith is NOT a valid defense
Criminal intent is immaterial
The act gives rise to a crime only when
consummated (as a general rule)
Mitigating and aggravating circumstances
are generally NOT taken into account
The degree of participation is generally
NOT taken into account. All who
participated in the act are punished to the
same extent
The penalty on the offenders is the same
whether they are merely accomplices or
accessories
Violation of Special Penal Laws (as a
general rule)

Scope of Application and Characteristics of Philippine Criminal Law

(1) Generality

· General – it is binding on all persons who live or sojourns in the Philippines (Art. 14, NCC)

· Exceptions: (a) Treaty stipulations, e.g. RP – USA Visiting Forces Agreement; (b) Laws of Preferential Application, e.g.
under RA No. 75, persons who are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure,
and attachment are the following – ambassadors, public ministers, domestic servants of ambassadors and public ministers; (c)
Warship Rule – a warship of another country even though docked in the Philippines is considered an extension of the territory of
their respective country; the same rule applies to embassies; and (d) Principles of Public International Law; the following persons
are exempted, to wit: Sovereigns and other chiefs of state; Ambassadors, ministers plenipotentiary, minister resident and charges
d’ affaires.

(2) Territoriality

· General Rule: Penal laws of the Philippines are enforceable only within its territory

· Exceptions:
Extraterritorial Crimes (Art. 2, RPC) i.e. enforceable even outside Philippine territory against those who:

1. Should commit an offense while on a Philippine ship or airship.

Rules on Vessels:

a. Philippine vessel or aircraft: the RPC applies when such Philippine vessel is found within (1) Philippines waters; or (2) High
seas.

b. Foreign Merchant Vessels:

French Rule English Rule (Territoriality or Situs of the Crime)

(Flag or Nationality)
General Rule: Crimes committed aboard a vessel within the General Rule: Crimes committed aboard a vessel within the
territorial waters of a country are NOT triable in the courts of territorial waters of a country ARE TRIABLE in the courts of
said country. such country.
Exception: When their commission affects the peace and Exception: When the crimes merely affect things within the
security of the territory or when the safety of the state is vessel or when they only refer to the internal management
endangered. thereof.
N.B. In the Philippines, we follow the ENGLISH RULE

c. Foreign warships

· In the case of a foreign warship, the nationality of such warship determines the applicable penal laws to crimes committed
therein, as they are considered to be an extension of the territory of the country to which they belong. Thus, their respective
national laws shall apply to such vessels wherever they may be found.

2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the
Government (Art. 163 and 166, RPC).

3. Should introduce into the country the above-mentioned obligations and securities.

4. While pubic officers or employees, should commit an offense in the exercise of their functions.

5. Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two (Arts.
114-122, RPC).

Exception to the Exceptions: Penal laws NOT applicable within or outside Philippine territory if so provided in treaties and laws
of preferential application. (Art. 2, RPC)

(3) Prospectivity

General Rule: Penal laws cannot make an act punishable in a manner in which it was NOT punishable when committed.

Exception: (it may be applied retroactively) When the new law is favorable to the accused.

Exceptions to the Exception: (a) the new law is expressly made inapplicable to pending actions or existing causes of actions, and
(b) the offender is a habitual criminal.