CRIMINAL LAW 1

CRIMINAL LAW: branch of public substantive law which defines crimes, treats
of their nature and provides for their punishment. It is a public law because it
deals with the relation of the individual with the State.

► Criminal Law as one of the branches of law is also considered as a municipal

law because of the nature of its characteristics.

Three Inherent Powers of the State

1. Police Power. Power to define and punish crimes.
► The State has the authority, under its police power, to define and punish
crimes and to lay down the rules of criminal procedure. States, as a part of
their police power, have a large measure of discretion in creating and defining
criminal offenses. (People vs. Santiago, 43 Phil. 120, 124)
► 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. (U.S. vs. Pablo, 35
Phil. 94, 100)

2. Power of Eminent Domain

► The power of eminent domain is the inherent right of the State to condemn
private property to public use upon payment of just compensation.
► It is also known as the power of expropriation.

3. Power of Taxation
► It is the enforced proportional contributions from persons and property,
levied by the State by virtue of its sovereignty, for the support of the
government and for all public needs. It is as broad as the purpose for which it
is given.

Branches of the Government

► The 1987 Philippine Constitution created the 3 great powers of the
government, which one of the basic repercussions is the separation of powers.
They are also considered to be the branches of the government.

These are the following:

1. Legislative branch: consists of a Senate and a House of Representatives.
Power to create laws lies in this branch;
2. Executive branch: composed of the office of the president. The president
has the power to create Presidential Decrees during Martial law, Executive
Orders, Proclamation Numbers, Administrative Orders that have power and
effect of laws; and
3. Judicial branch: power to check and balance the constitutionality of the
laws created.

Criminal Law Criminal Procedure

Substantive
Prospective: unless favorable to the
accused provided that the accused is
not a habitual delinquent.
Only comes from the legislative body.
Remedial
Retroactive: in favor of the ends of
substantial justice.
Can be promulgated by the judiciary

TERMS
1. Crime: the generic term used to refer to a wrongdoing punished either
under the RPC or under the special law (Ortega); an act committed or omitted
in violation of a public law forbidding or commanding it.

2. Felony: a crime punished under the RPC.

3. Offense: a crime punished under the special law.

4. Mis-demeanor: a minor infraction of law.

MAXIMS
1. Nullum crimen nulla poena sine lege: there is no crime when there is
no law that defines and punishes it.
2. Actus non facit reum, nisi mens sit rea: the act cannot be criminal
unless the mind is criminal.
3. Actus me invito factus non est meus actus: an act done by me against
my will is not my act.
4. Doctrine of Pro Reo: Whenever a Penal law is to be construed or applied
and the law admits of two interpretations- one lenient to the offender and
one strict to the offender- that interpretation which is lenient or favorable
to the offender will be adopted.
 ► This is in consonance with the fundamental rule that all doubts shall
be construed in favor of the accused and consistent with the
presumption of innocence of the accused.
5. 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 (People v. Ural, G.R.
No. L30801).

CHARACTERISTICS OF CRIMINAL LAW

A. GENERAL: it is binding on all persons who live or sojourn in the Philippine
territory, regardless of nationality, gender, or other personal circumstances
(Art. 14, NCC).
Exceptions:
1. Treaty Stipulations
Under the RP-US Visiting Forces Agreement, which was signed on
February 10, 1998, the Philippines agreed that:
a. US shall have the right to exercise within the Philippines all
criminal and disciplinary jurisdiction conferred on them by the
military law of the US over US personnel in RP;
b. US exercises exclusive jurisdiction over US military personnel with
regard to offenses relating to the security of the US punishable
under the law of US, but not under the laws of RP;
c. US shall have primary right to exercise jurisdiction over US
military in relation to:
i. Offenses solely against the property or security of the US or
offenses solely against the property or person of US
personnel;
ii. Offenses arising out of any act or mission done in
performance of official duty. Under the VFA, in determining
whether one can be prosecuted or not, the citizenship is
immaterial, what is material is one’s membership in the U.S
Armed Forces.
► It is necessary that one is a member of the US armed forces
either as:
1. US military personnel; or
2. US civilian personnel connected to US military operations.

Rules on Jurisdiction
Crimes Jurisdiction
Crimes punishable under Philippines RP has the exclusive jurisdiction.
Laws but not under the laws of the
US.
Crimes punishable under the laws of US has the exclusive jurisdiction.
the US but not under Phil. Laws.
Crimes punishable both under the US There is concurrent jurisdiction but
and Philippine Laws. the Philippines has the right to
 primary jurisdiction, especially when
it is a threat to RP security namely:
a. treason
b. espionage
c. sabotage
Crimes committed by US personnel RP has no jurisdiction
against the security and property of
the US alone.

Generally, the Philippines cannot refuse the request of the US for

waiver of jurisdiction and has to approve the request for waiver
except if the crime is of national importance: (HCD)
1. Those crimes defined under RA 7659 (Heinous crimes)
2. Those crimes defined under RA 7610 (Child Abuse Cases)
3. Those crimes defined under RA 9165 (Dangerous Drugs cases)

Laws of Preferential Application

1. RA 75
► Penalizes acts which would impair the proper observance by the
Republic and its inhabitants of the immunities, rights, and privileges of
duly-accredited foreign diplomatic representatives in the Philippines.

General Rule: Under RA 75, persons who are exempt from arrest and
imprisonment and whose properties are exempt from distraint, seizure
and attachment are the following: (MAS)
i. Public Ministers
ii. Ambassadors
iii.Domestic servants of ambassadors and public ministers
Exceptions:
a. the person is a citizen or inhabitant of the Philippines; and
b. the writ or process issued against him is founded upon a debt
contracted before he entered upon such service or the domestic
servant is not registered with the Department of Foreign Affairs.

Note: RA 75 is not applicable when the foreign country adversely affected

does not provide similar protection to our diplomatic representatives.

2. Warship Rule: a warship of another country even though docked in

the Philippines is considered as an extension of the territory of their
respective country. Same rule applies to foreign embassies in the
Philippines.
► Philippine warship and embassies abroad are deemed extra-territories
of the Philippines.
 3. Principles of Public International Law
The following persons are exempted: (SCAM2)
a. Sovereigns and other heads of state
b. Chargesd’affaires
c. Ambassadors
d. Ministers plenipotentiary
e. Ministers resident

► Consuls, vice-consuls and other commercial representatives of

foreign nations cannot claim the privileges and immunities accorded
to ambassadors and ministers.

B. TERRITORIAL
General Rule: Penal laws of the Philippines have force and effect only
within its territory.
► The national territory is set forth in Article I of the 1987 Constitution.
It composes of 3 domains:
1. Terrestrial
2. Fluvial
3. Aerial

Exceptions:
1. RPC shall not be enforced within or outside the Philippine territories if
so provided under:
a. Treaties; or
b. Laws of Preferential Application (Art. 2, RPC and Art. 14, NCC)

2. Extraterritoriality: refers to the application of the Revised Penal Code

outside the Philippine territory (Art 2, RPC).

Extraterritorial Crimes (Art. 2, RPC): enforceable even outside

Philippine territory against those who:
A. Should commit an offense while on Philippine ship or airship.
Requisites:
a. The ship or airship must not be within the territorial jurisdiction of
another country; (it must be in international waters.)
b. The ship or airship must be registered in the Philippines under
Philippine laws.

Rules on private or merchant Vessels:

1. Philippine vessel or aircraft
a. Must be understood as that which is registered with the
MARINA (Maritime Industry Authority) in accordance with
Philippine laws;
b. The RPC applies when such Philippine vessel is found within:
 i. Philippine waters, or
ii. The high seas

2. Foreign Merchant Vessels

a. In the Philippines, we follow the ENGLISH RULE.
b. A distinction must be made between merchant ships and
warship; the former are more or less subjected to the territorial
laws. (US vs. Bull, 15 Phil. 7)
c. Foreign merchant vessel in transit: possession of dangerous
drugs is not punishable, but use of the same is punishable.
d. Foreign merchant vessel NOT in transit: mere possession of
dangerous drugs is punishable because it can already be
considered as illegal importation.

FRENCH RULE v. ENGLISH RULE

French Rule (Flag or Nationality) English Rule (Territoriality or Situs
of the Crime)
General Rule
Crimes committed aboard a vessel Crimes committed aboard a vessel
within the territorial waters of a within the territorial waters of a
country are NOT triable in the courts country are triable in the courts of
of said country. such country.
Exception
When their commission affects the When the crimes merely affect things
peace and security of the territory or within the vessel or when they only
when the safety of the state is refer to the internal management
endangered thereof

3. 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.

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

Philippines or obligations and securities issued by the Government
(Arts. 163 & 166 RPC).
► Forgery is committed by giving to a treasury or bank note or any
instrument payable to bearer or to order the appearance of a true
genuine document or by erasing, substituting, counterfeiting or altering,
by any means, the figures, letters, words or signs contained therein.
► If forgery was committed abroad, it must refer only to Philippine coin,
currency note, or obligations and securities.
► Obligations and securities of the GSIS, SSS and Landbank are NOT of
the government because they have separate charters.

C. Should introduce into the country the above-mentioned

obligations and securities.
► Those who introduced the counterfeit items are criminally liable even
if they were not the ones who counterfeited the obligations and
securities.
► On the other hand, those who counterfeited the items are criminally
liable even if they did not introduce the counterfeit items.

D. While being public officers or employees, should commit an

offense in the exercise of their functions, like: (B3A2F3T-MIC)
1. Direct Bribery (Art. 210)
2. Indirect Bribery (Art. 211)
3. Qualified Bribery (Art. 211-A)
4. Failure to Render Accounts (Art. 218)
5. Failure to Render Account Before Leaving the Country (Art. 219)
6. Illegal Use of Public Funds or Property (Art. 220)
7. Failure to Make Delivery of Public Funds/Property (Art. 221)
8. Falsification (Art. 171)
9. Fraud Against Public Treasury and Similar Offenses (Art. 213)
10. Malversation of Public Funds or Property (Art. 217)
11. Possession of Prohibited Interest (Art. 216)
12. Corruption (Art. 212)

Note: A crime committed within the grounds of a Philippine embassy on

foreign soil shall be subject to Philippine penal laws, although it may or
may not have been committed by a public officer in relation to his official
duties. Embassy grounds are considered as extensions of the sovereignty
of the country occupying them.

Example:
► A Philippine consulate official who is validly married here in the
Philippines re-marries in a foreign country cannot be prosecuted here in
the Philippines for bigamy under no. 4 of Art. 2 of RPC because the crime
has no connection with his official duties.
► Nevertheless, if the second marriage is celebrated in the Philippine
embassy, the ambassador may be prosecuted in the Philippines because
the embassy grounds are considered the extension of sovereignty
(Ortega, 2009).
E. 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)
 ► When rebellion, coup d’etat and sedition are committed abroad, the
Philippine courts will not have jurisdiction because these are crimes
against public order.
► Terrorism as defined by R.A. 9372, otherwise known as the Human
Security Act of 2007, is now a crime against national security and the
law of nations. RA 9372, otherwise known as the Human Security Act of
2007 has extraterritorial application.

C. PROSPECTIVE
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:

1. The new law is expressly made inapplicable to pending actions or
existing causes of actions.
2. Offender is a habitual criminal (Art. 22, RPC)

Limitations on the Power of Congress to Enact Penal Laws:

The Congress, in enacting penal laws is restricted by the following
Constitutional and statutory limitations:
1. No ex post facto law or bill of attainder shall be enacted
(Constitution, Art. III, Sec. 22).
Ex post facto law
It is a law that would make a previous act criminal although it was
not so at the time it was committed.

Bill of attainder
It is a legislative act that inflicts punishment without trial, its
essence being the substitution of legislative fiat for a judicial
determination of guilt.
2. No person shall be held to answer for a criminal offense without due
process of law (Ibid., Sec. 14[1]).
3. It should not impose cruel and unusual punishment nor should it
impose excessive fines (Ibid., Sec. 19[1].
► RA 9346 prohibits the imposition of death penalty therefore
repealing RA 7659. In lieu of the death penalty, the following shall
be imposed:
a. the penalty of reclusion perpetua, when the law violated makes
use of the nomenclature of the penalties of the Revised Penal
Code; or
 b. the penalty of life imprisonment, when the law violated does not
make use of the nomenclature of the penalties of the Revised
Penal Code (Sec. 2, RA 9346)
4. It must be general in application and must clearly define the acts and
omissions punished as crimes (Ibid., Sec. 1 and Sec. 2).

Different Effects of Repeal of Penal Law

1. Absolute or Total Repeal: a repeal is absolute when the crime
punished under the repealed law has been decriminalized by the
subsequent law (Ortega, 2009).
If the new law totally repeals the existing law making the act not
punishable, the crime is obliterated (Reyes, 2008, p.15).
Effects of total repeal if:
a. the case is still pending in court: dismissed, regardless of
whether the accused is a habitual criminal
b. the offender is already serving sentence:
i. Not a habitual criminal: the offender is entitled to be
released; unless the repealing law is expressly made
inapplicable to those who are serving sentence at the time of
the repeal.
ii. Habitual criminal: he will continue serving sentence this is
so because penal laws should be given retroactive
application to favor only those who are not habitual
delinquents (Ortega, 2009).

2. Partial or Relative Repeal: a repeal is partial when the crime

punished under the repealed law continues to be a crime in spite of the
repeal.
Effects of partial repeal if:
a. If the case is still pending in court: the repealing law which is
more favorable to the accused shall be applied to him regardless
of whether he is a habitual criminal or not; unless, there is a
reservation in the said law that it shall not apply to pending
causes of action.
b. If the offender is already serving sentence:
i. Not habitual criminal: the repealing law which is more
lenient to him shall be applied unless there is a reservation
to that effect
ii. Habitual criminal: the repealing law which is more
favorable to the accused will not be applicable to him

Effects of Amendment of Penal Law

1. If the new law makes the penalty lighter, it shall be applied
except if the offender is a habitual delinquent or when the new
 law is inapplicable to pending action or existing causes of
action.
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 (Reyes,
2008, p.15).
Sources of Philippine Criminal Law
1. The Revised Penal Code (Act No. 3815) and its amendments.
2. Special Penal Laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Congress of the
Philippines, and the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law
4. Penal Executive Orders

No common law crimes in the Philippines.

► The so-called common law crimes, known in the United States and
England as the body of principles, usages and rules of action, which do not
rest for their authority upon any express and positive declaration of the will of
the legislature, are not recognized in this country. 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. (See U.S. vs. Taylor, 28 Phil. 599, 604)
► 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.