OVERVIEW IN CRIMINAL

LAW 1
WHAT IS CRIMINAL LAW?

• It is a branch of law which defines crimes, treats of their nature, and provide
for their punishment. (Reyes, 2017)
SOURCES OF PHILIPPINE CRIMINAL LAW
• The Revised Penal Code and its amendments. (RA 10951; RA 9346; etc.)
• Special Penal Laws passed by:
Philippine Commission;
Philippine Assembly;
Philippine Legislature;
National Assembly;
The Congress of the Philippines; and
Batasang Pambansa.
• Penal Presidential Decree issued during martial law.
SOME CONSTITUTIONAL LIMITATION

• No ex post facto law or bill of attainders shall be passed. (Sec. 22, Article III)
• Right of the accused against double jeopardy. (Section 14[1], Article III)
• Other rights of the accused.
THREE MAIN CHARACTERISTICS OF
CRIMINAL LAW

1. General – binding to all persons who live in the Philippines. (EXN:

preferential application and treaty)
2. Territorial – applies generally within the territorial jurisdiction of the
Philippines. (territory = Article I of the Constitution), (EXN: Article 2,
RPC)
3. Prospective – generally applies prospectively. (EXN: if favorable to the
accused)
EXTRATERRITORIAL APPLICATION OF THE
RPC
1. Should commit an offense on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into this islands of the
obligations and securities mentioned in the preceding number;
4. While being a public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One Book Two of this Code. (e.g. treason, espionage, piracy, etc.)
CONSTRUCTION OF CRIMINAL LAWS

• It is construed strictly against the government and liberally in favor of the

accused.
• The Spanish text is controlling because it was approved in Spanish text by
the legislature. (People v. Manaba, 58 Phil. 665, 668)
FELONIES

• Acts or omission punishable by the Revised Penal Code. (nullum crimen, nulla
poena sine lege)
Elements:
• There must be an act or omission;
• The said act or omission is punishable by the Revised Penal Code; and
• Must be committed either by dolo or culpa. (People v. Gonzales, G.R. No.
80762, March 19, 1990)
MALA IN SE & MALA PROHIBITA
As to their concepts
As to governing law
As to the application of
circumstances that modified
criminal liability
As to its legal implications
Incurring criminal liability
Who are liable
MALA IN SE
It is wrong from its very nature.
Criminal intent is essential.
Generally punished under the
Revised Penal Code.
Mitigating/aggravating/exemptin
g/justifying circumstances are
appreciated.
Good faith, lack of intent and
negligence is a valid defense.
Criminal liability is incurred even Generally, criminal liability is
if it is in the attempted or
frustrated stage of execution.
Principal, accomplices and
accessories.
MALA PROHIBITA
Wrong because it is prohibited by
statute.
Criminal intent is not essential.
Generally punished by a special
law.
Such circumstances are generally
not appreciated unless the special
law adopted such scheme.
Good faith, lack of intent or
negligence is not a valid defense.
incurred when the crime is
consummated.
All offenders are generally
deemed as principals.
DIFFERENCE BETWEEN DOLO AND CULPA

DOLO CULPA
As to the existence of malice Malicious Not malicious
As to intent There is deliberate intent The injury or damage cause is
unintentional.
As to source There is an intention to cause a The wrongful act results from
wrong. imprudence, negligence, lack of
foresight or lack of skill.
HOW IS CRIMINAL LIABILITY INCURRED?

• By any person committing a felony although the wrongful act done is

different from that which he intended; and
• By any person performing an act which would be an offenseagainst persons
or property, were it not for the inherent impossibility of its accomplishment
or on account of the employment of inadequate or ineffectual means. (Article
4, RPC)
CIRCUMSTANCES THAT AFFECTS CRIMINAL
LIABILITY

• Consummated, frustrated and attempted felonies; (Stages of criminal

execution)
• Conspiracy and proposal to commit a felony.
• Justifying/exempting/mitigating/aggravating/alternative circumstances;
PERSONS WHO ARE CRIMINALLY LIABLE
FOR FELONIES

Nature of Participation
• Principals;
• Accomplices; and
• Accessories.
GRADUATION OF PENALTIES
• Arresto menor – 1 day to 30 days imprisonment;
• Arresto mayor – 1 month & 1 day to 6 months;
• Prision correctional – 6 mos. & 1 day to 6 years;
• Reclusion temporal – 12 yrs. Prision mayor – 6 yrs. &1 day to 12 years;
• & 1 day to 20 years;
• Reclusion perpetua – (20 yrs. & 1 day to 30 years.)
• Death. (prohibited by RA 9346)
EXTINCTION OF CRIMINAL LIABILITY

• Total Extinction of Criminal Liability; or (e.g. prescription, absolute pardon,

death, etc.)
• Partial Extinction of Criminal Liability. (e.g. Conditional Pardon, Good
conduct allowance, special time allowance, etc.)
CIVIL LIABILITY IN CRIMINAL CASES

• Article 100. Every person criminally liable for felony is also civilly liable.
• Rules regarding civil liability in certain cases. (e.g. civil liability for acts
committed by an imbecile or insane person, by a person 15 yrs. old or under,
etc.)
• Civil liability includes: restitution, reparation of damaged cause and
indemnification for consequential damages.
SPECIAL LAWS

• Anti-Fencing Law of 1979 or PD 1612;

• Indeterminate Sentence Law or Act No. 4103 as amended;
• Juvenile Justice and Welfare Act of 2006 or RA 9344;
• Probation Law or PD 968 as amended; and
• PD 1829 or Penalizing Obstruction of Apprehension and Prosecution of
Criminal Offenders.
 -END-
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