CRIMINAL LAW

CRIMINAL LAW 1
• INTRODUCTION:
Before the Spanish Colony, we have Criminal Law, “The Code of
Kalantiao”, which often termed as the First Penal Law in the History of
the Philippines. Under this code, if a man would have a relation with a
married woman, he is penalized.
CRIMINAL LAW 1
Adultery and concubinage are crimes during those days. Even
offending things, such as goods, are penalized. The Code of Kalantiao
has certain penal provisions. The Filipinos have their own set of
penology.
CRIMINAL LAW 1
When the Spanish Colonizers came, Royal Decree of 1870 made
the Spanish codigo Penal applicable and extended to the Philippines.
This was made effective in the Philippines on July 14, 1876. However,
the Spanish Codigo Penal did not cater to the customs and tradition of
the Filipinos.
CRIMINAL LAW 1
• A Filipino, Rafael Del Pan, made the so called correctional code but
this code was never enacted into law, instead, a committee was
organized headed by then Anacleto Diaz. This committee was the one
who drafted the present penal code. The Revised Penal Code took
effect on January 1,1932.
CRIMINAL LAW 1
• DEFINITION OF TERMS
1.) Law
-is a rule of conduct, just and obligatory, promulgated by
competent authority for common observance and benefits.
2.) Crime
-is an act or omission punishable by law. It is an act omitted or
committed in violation of public law forbidding or commanding it.
CRIMINAL LAW 1
3.) Felony
-is an act or omission punishable by The Revised Penal Code.
4.) Offense
-may be defined as an act or omission punishable by Special Laws.
CRIMINAL LAW 1
5.) CRIMINAL LAW
-may be defined as a branch of public or municipal law, which defines crimes,
treats of their nature and provides for their punishment.
6.) Omission
-means inaction, failure to do a positive duty, which one is bound to do.
7.) Act
-means any bodily movement tending to produce some effect in the external
world.
 DIFFERENT PHILOSOPHIES
UNDERLYING CRIMINAL LAW
SYSTEM:
PHILOSOPHIES UNDERLYING CRIMINAL
LAW SYSTEM
1.) Classical/Juristic Theory
-Best remembered by the maxim “an eye for an eye, a tooth for
a tooth”. The purpose of penalty is retribution. The offender is
made to suffer for the wrong he has done.
A man is regarded as a moral creature who understands right
from wrong; he must be prepared to accept the punishment
therefore.
PHILOSOPHIES UNDERLYING CRIMINAL
LAW SYSTEM
2.) Positive/Realistic Theory
-The purpose of penalty is reformation. Crimes are regarded as a
social phenomenon, which constrains a person to do wrong
although not his own volition. A tendency towards crime is the
product of one’s environment. There is no such thing as natural
born killer. This was criticized as being too lenient.
PHILOSOPHIES UNDERLYING CRIMINAL
LAW SYSTEM
3.) Eclectic/Mixed Theory
-This combines both positivist and classical
thinking. Crimes that are 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. The Revised Penal Code
follows the mixed/eclectic theory.
PHILOSOPHIES UNDERLYING CRIMINAL
LAW SYSTEM
3.) Eclectic/Mixed Theory
Example:
Intoxication of the offender is considered to mitigate his
criminal liability, unless it is intentional or habitual.
A woman who killed her child to conceal her dishonor has in her
favor mitigating circumstances.
BASIC MAXIMS IN
CRIMINAL LAW
BASIC MAXIMS IN CRIMINAL LAW
1.) Doctrine of PRO REO
-Whenever a penal law is to be constructed or applied and the
law admits of two interpretations, one lenient to the offender, and
one strict to the offender, the latter interpretation, which is lenient
of favorable to the offender, will be adopted.
BASIC MAXIMS IN CRIMINAL LAW
1.) Doctrine of PRO REO
-This is in consonance with the fundamental rule that all doubts
shall be construed in favor of the accused and consistent with
presumption of innocence of the accused.
BASIC MAXIMS IN CRIMINAL LAW
2.) Null Crimen Nulla Poena Sine Lege
-There is no crime when there is no law punishing the same.
Because of this maxim, there is no common law crime in the
Philippines, no matter how wrongful, evil or bad the acts is, if there
is no law defining the act, the same is not considered a crime.
BASIC MAXIMS IN CRIMINAL LAW
2.) Null Crimen Nulla Poena Sine Lege
-Common Law Crimes are wrongful which the community
condemns as contemptible, even though there is no law declaring
the act criminal.
BASIC MAXIMS IN CRIMINAL LAW
3.) Actus on Facit Reum, Nisi Mens Sit Rea
-The act cannot be criminal where the mind is not criminal. This
is only true to a felony committed intentionally or characterized as
DOLO, but not those felonies resulting form negligence (Culpa).
BASIC MAXIMS IN CRIMINAL LAW
4.) Actus me invito est meus actus
-An act done by me against my will is not my act. Usually, this is
applicable to exempting circumstances particularly paragraph 5 and
6 of Art. 12 of the RPC. The offender is under the compulsion of an
irresistible force and uncontrollable fear.
PURPOSES OF CRIMINAL
LAW
PURPOSES OF CRIMINAL LAW
1.) To reform (reformation);
2.) To deter others (deterrence);
3.) To prevent the offender from committing further crimes
(prevention);
4.) To defend the State against crimes (self-defense);
5.) To set an example (exemplarity).
SOURCES OF CRIMINAL
LAW
SOURCES OF CRIMINAL LAW
1.) The Revised Penal Code (Act. No. 3815) which took effect on
January 01, 1932;

2.) Acts of the Philippine Legislature, National Assembly, congress of

the Philippine, Batasang Pambansa, Presidential Decrees, Executive
Orders, etc.;
 THE CLASSICAL THEORY OF
CRIMINAL LAW BEING
ADOPTED IN THE PHILIPPINES
THE CLASSICAL THEORY OF
CRIMINAL LAW BEING ADOPTED IN
THE PHILIPPINES

• “Basic criminal liability is human free will and the

purpose of penalty is retribution. It endeavors to
establish mechanical and direct proportion between
crime and penalty”.
 RULES ON
CONSTRUCTION OF
PENAL LAWS
RULES ON CONSTRUCTION OF PENAL
LAWS

• A penal law is liberally constructed in favor of the offender. Quantum

of evidence is proof beyond reasonable doubt.
PARTS OF THE REVISED
PENAL CODE
PARTS OF THE REVISED PENAL CODE
1.) Principles affecting Criminal Liability (Arts. 1-20)

2.) Penalties including liability

(Arts. 21 to 113)

3.) Specific Felonies and their Penalties (Arts. 114-366)

 EFFECTIVITY OF THE
REVISED PENAL CODE:

January 1, 1932.
 THREE GENERAL
CHARACTERISITIC
OF CRIMINAL LAW
THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW

1.) GENERALITY
-That the law is binding upon all persons who
reside or sojourn in the Philippines, irrespective
of age, sex, color, creed or personal
circumstances. (Art. 114, NCC);
THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
2.) TERRITORIALITY
-That the law is applicable to all crimes committed
within the limits of Philippine territory, which
includes its atmosphere, interior waters and
maritime zone. (Art. 2, RPC, see Art. 1 of the
Philippine Constitution);
THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
3.) IRRETROSPECTIVITY OR PROSPECTIVITY
-That the law does not have any retroactive effect
(Art. 4, NCC) except if it favors the offender (Art.
22, RPC) who is not a habitual criminal (Art. 62,
par. 5 RPC).
THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
-Penal laws shall not be given retroactive effect.
Acts or omission will only be subject to a penal law if
they are committed after a penal law had already
taken effect. Penal laws operate only prospectivity.
• Exception: If the penal law is favorable to the
accused.
• Exemption to the exception: If the accused is
habitual delinquent.
THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
Example:
A, was convicted for illegal Possession of firearm
in 1995. The penalty for IP of F/A at that time was 12
years and 1 day to 20 years. On 1998 a law was
passed lowering the penalty to 6 years and 1 day to
10 years. Will the new law be given retroactive
effect to “A” that is now serving his sentence?
THREE GENERAL
CHARACTERISITIC OF CRIMINAL
LAW
Answer:
Yes, the law can be retroactively applied because
it is favorable to the accused.
 ART. 2
EXTRA-TERRITORIAL
JURISDICTION
(Exception to territoriality)
EXTRA-TERRITORIAL JURISDICTION
• Rules as to jurisdiction over crimes committed
abroad a foreign merchant vessel:
1.) French Rule:
This rule suggest that such crimes are not triable in
the court of that country, unless their commission
affects the peace and security or the safety of the
state is endangered.
EXTRA-TERRITORIAL JURISDICTION
2.) English Rule:
Meaning, such crimes are triable in that country, unless they
merely affects things within the vessel or they refer to the internal
management thereof.
Take Note:
The English rule is what is being applied here in the Philippines.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
• ART. 3
-FELONIES (Either by dolo or culpa)

ELEMENTS OF FELONY
a.) there must be an act of omission
b.) such act or omission is punishable by RPC; and
c.) committed either by dolo or culpa.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY

ELEMENTS OF DOLO ELEMENTS OF CULPA

• intelligence • intelligence
• freedom • freedom
• criminal intent • negligence/imprudence
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
• Intent
-the purpose to use a particular means to
affect such result while
• Motive
-the moving power, which impels one to action
for a definite result, e.g. Jealousy, revenge.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
• Proximate Cause
-That cause, which, in natural and continuous
sequence, unbroken by any efficient intervening
cause, procedures injury, and without which the
result would not have been committed (Bataclan
V. Medina 102 Phil. 181)
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
• MALA INSE
-An act mala inse is a wrong act from its very
nature as those felonies punished in the Revised
Penal Code.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
• MALA PROHIBITA
-An act mala prohibita is a wrong because law
prohibits it. Without the law punishing the act, it
cannot be considered wring.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
Hence the mere commission of that act is
what constitutes the offense punished and
criminal intent will be immaterial for reason of
public policy. So, mere carrying of a firearm within
a polling place is punished by the Revised Election
Code, regardless whether or not the offender had
the intention to violate the law.
ART. 4 – WHO INCURS CRIMINAL
LIABILITY
• Criminal liability shall be incurred by any person:

1.) Committing a felony (delito) although the wrongful act done be

different from that which he intended; and
ART. 4 – WHO INCURS CRIMINAL
LIABILITY
2.) performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means (impossible crime – a crime of last resort).
ART. 4 – WHO INCURS CRIMINAL
LIABILITY
• Error in personae (Mistake in Identity)

• Aberratio Ictus (Mistake in Blow)

• Praeter Intentionem (The act exceeds the Intent)

• Impossible Crime