CRIMINAL LAW

LM 3-1
 BASIC PRINCIPLES IN CRIMINAL LAW

• DOCTRINE OF PRO REO

• NULLUM CRIMEN, NULLA POENA SINE LEGE
• ACTUS NON FACIT REUM, NISI MENS SIT REA
• UTILITARIAN THEORY OR PROTECTIVE THEORY
 DOCTRINE OF PRO REO/ PRO REO
DOCTRINE

• 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.
NULLUM CRIMEN, NULLA POENA SINE LEGE

• THERE IS NO CRIME WHEN THERE IS NO LAW PUNISHING THE SAME

• BECAUSE OF THIS, THERE ARE NO COMMON LAW CRIMES IN THE
PHILIPPINES
ACTUS NON FACIT REUM, NISI MENS SIT REA

• THE ACT CANNOT BE CRIMINAL WHERE THE MIND IS NOT CRIMINAL. 

THIS IS TRUE TO A FELONY CHARACTERIZED BY DOLO, BUT NOT A
FELONY RESULTING FROM CULPA.  THIS MAXIM IS NOT AN ABSOLUTE
ONE BECAUSE IT IS NOT APPLIED TO CULPABLE FELONIES, OR THOSE
THAT RESULT FROM NEGLIGENCE
 UTILITARIAN OR PROTECTIVE THEORY

• THE PRIMARY PURPOSE OF THE PUNISHMENT UNDER CRIMINAL LAW IS

THE PROTECTION OF SOCIETY FROM ACTUAL AND POTENTIAL
WRONGDOERS.  THE COURTS, THEREFORE, IN EXACTING RETRIBUTION
FOR THE WRONGED SOCIETY, SHOULD DIRECT THE PUNISHMENT TO
POTENTIAL OR ACTUAL WRONGDOERS, SINCE CRIMINAL LAW IS
DIRECTED AGAINST ACTS AND OMISSIONS WHICH THE SOCIETY DOES
NOT APPROVE. 
 CRIMINAL LAW DEFINED

• ITIS THAT BRANCH OR DIVISION IF LAW WHICH DEFINES CRIMES,

TREATS OF THEIR NATURE, AND PROVIDES FOR THEIR PUNISHMENT
 SOURCES OF CRIMINAL LAW

• THE REVISED PENAL CODE (ACT NO.3815) AND ITS AMENDMENTS

• SPECIAL PENAL LAWS PASSED BY CONGRESS
• PENAL PRESIDENTIAL DECREES ISSUED DURING MARTIAL LAW
 BASIS FOR THE POWER TO DEFINE AND
PUNISH CRIMES

• BY VIRTUE OF THE POLICE POWER OF THE STATE, CRIMES ARE DEFINED

AND PUNISHED
• BY VIRTUE OF THE SAME POWER, A STATE CAN ALSO LAY DOWN THE
RULES ON HOW PUNISH SAID CRIMES
• POLICE POWER ALSO GIVES THE STATE DISCRETION WITH RESPECT TO
THE CREATION AND DEFINITION OF CRIMINAL OFFENSES
 LIMITATIONS IN CREATING PENAL LAWS

• PASSAGE OF RETROACTIVE LAWS (EXPOST FACTO LAWS AND BILLS OF

ATTAINDER)
• CRIMINAL LAWS MUST BE OF GENERAL APPLICATION AND MUST
CLEARLY DEFINE THE ACTS AND OMMISSIONS PUNISHED AS CRIMES
 EX POST FACTO LAW
• A LAW WHICH MAKES CRIMINAL AN ACT DONE BEFORE THE PASSAGE OF THE LAW AND
WHICH WAS INNOCENT WHEN DONE, AND PUNISHES SUCH AN ACT
• AGGRAVATES A CRIME, OR MAKES IT GREATER THAN IT WAS, WHEN COMMITTED
• CHANGES THE PUNISHMENT AND INFLICTS A GREATER PUNISHMENT THAN THE LAW
ANNEXED TO THE CRIME WHEN COMMITTED
• ALTERS THE LAGAL RULES OF EVIDENCE, AND AUTHORIZES CONVICTION UPON LESS
OR DIFFERENT TESTIMONY THAN THE LAW REQUIRED AT THE TIME OF THE
COMMISSION OF THE OFFENSE
• ASSUMES TO REGULATE CIVIL RIGHTS AND REMEDIES ONLY, IN EFFECT IMPOSES A
PENALTY OR DEPRIVATION OF A RIGHT FOR SOMETHING WHICH WHEN DONE WAS
LAWFUL
• DEPRIVES A PERSON ACCUSED OF A CRIME SOME LAWFUL PROTECTION TO WHICH HE
HAS BECOME ENTITLED, SUCH AS THE PROTECTION OF A FORMER CONVICITION OR
ACQUITTAL, OR A PROCLAMATION OF AMNESTY
 BILL OF ATTAINDER

• A LEGISLATIVE ACT WHICH INFLICTS PUNISHMENT WITHOUT THE

BENEFIT OF A TRIAL
• IT IS THE SUBSTITUTION OF A LEGISLATIVE ACT FOR A JUDICIAL
DETERMINATION OF GUILT
CONSTITUTIONAL RIGHTS OF THE ACCUSED
• SEC.16 – RIGHT TO SPEEDY DISPOSITION OF CASES
• SEC.14 (1) – RIGHT OF THE ACCUSED TO DUE PROCESS OF LAW
• SEC. 13 – RIGHT TO BAIL
• SEC. 14 (2) – RIGHT TO SPEEDY TRIAL
• SEC. 15 – RIGHT AGAINST SELF – INCRIMINATION
• SEC. 12 – MIRANDA RIGHTS
• SEC. 19 (1) – RIGHT AGAINST EXCESSIVE FINES AND INHUMAN PUNISHMENT
• SEC. 21 – RIGHT AGAINST DOUBLE JEOPARDY
• SEC. 11 – RIGHT TO FREE LEGAL ASSISTANCE
 STATUTORY RIGHTS OF THE ACCUSED

• TO BE PRESUMED INNOCENT UNTIL PROVEN OTHERWISE

• TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM
• TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF
THE PROCEEDINGS
• TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
• TO BE EXEMPT FROM BEING COMPELLED TO BE A WITNESS AGAINST HIMSELF
• TO CONFRONT AND CROSS – EXAMINE THE WITNESSES AGAINST HIM
 STATUTORY RIGHTS OF THE ACCUSED
• TO HAVE COMPULSORY PROCESS ISSUED TO SECURE THE
ATTENDANCE OF WITNESSES AND PRODUCTION OF EVIDENCE ON HIS
BEHALF
• TO HAVE A SPEEDY, IMPARTIAL AND PUBLIC TRIAL
• TO APPEAL IN ALL CASES ALLOWED AND IN THE MANNER PRESCRIBED
BY LAW
 CHARACTERISTICS OF CRIMINAL LAW

• GENERAL
• TERRITORIAL
• PROSPECTIVE
 GENERALITY OF CRIMINAL LAWS

• CRIMINAL LAW IS BINDING ON ALL PERSONS WHO LIVE OR SOJOURN IN

PHILIPPINE TERRITORY
 EXCEPTIONS TO THE RULE OF GENERAL
APPLICATION OF CRIMINAL LAW

• TREATIES OR TREATY STIPULATIONS

• LAWS OF PREFERENTIAL APPLICATION
 LAWS OF PREFERENTIAL APPLICATION

• ONE EXAMPLE IS R.A. NO. 75 EXTENDING IMMUNITY TO DIPLOMATIC

REPRESENTATIVES AND THEIR DOMESTIC SERVANTS
• IT INCLUDES AMBASSADORS, MINISTERS PLENIPOTENTIARY, MINISTERS
RESIDENT, CHARGES D’ AFFAIRES
• HOWEVER, THE IMMUNITY BEING EXTENDED TO THE ABOVE – MENTIONED ONLY
REFERS TO ACTIONS COMMITTED IN THEIR OFFICIAL CAPACITY AS SUCH OFFICERS. IF
ANY OF THE ABOVE – MENTIONED COMMITTED ACTS AGAINST THE STATE IN THEIR
PERSONAL CAPACITY, THEN THEY CAN BE SUED UNDER OUR CRIMINAL LAWS
 TERRITORIALITY

• CRIMINAL LAWS UNDERTAKE TO PUNISH CRIMES COMMITTED WITHIN OUR

TERRITORY
• AS A GENERAL RULE, PENAL LAWS OF THE PHILIPPINES ARE ENFORCEABLE WITHIN
ITS TERRITORY. FOR BETTER UNDERSTANDING, KINDLY REVISIT ART. I OF THE 1987
PHILIPPINE CONSTITUTION
• THE PRINCIPLE OF TERRITORIALITY, HOWEVER, DOES NOT APPLY AS STATED UNDER
ART.2 OF THE RPC. THIS MEANS THAT OUR PHILIPPINE CRIMINAL LAWS CAN APPLY
DESPITE THE COMMISSION OF THE CRIMINAL OFFENSE BEING OUTSIDE THE
PHILIPPINES
 EXCEPTIONS TO TERRITORIALITY (ART.2 OF
RPC)

• PERSONS WHO COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR AIRSHIP

• FORGING OR COUNTERFEITING ANY COIN OR CURRENCT NOTE OF THE PHILIPPINES OR
OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE PHILIPPINES
• ACTS CONNECTED WITH THE INTRODUCTION INTO THE PHILIPPINES OF THE
OBLIGATIONS AND SECURITIES MENTIONED ABOVE
• WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE IN THE
EXERCISE OF THEIR FUNCTIONS
• SHOULD ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
 PROSPECTIVE APPLICATION OF CRIMINAL
LAWS

• A PENAL LAW CANNOT MAKE AN ACT PUNISHABLE IN A MANNER IN

WHICH IT WAS NOT PUNISHABLE WHEN COMMITTED
• THIS IS CONSISTENT WITH THE PROVISION UNDER ART. 366 OF THE RPC
WHICH PUNISHES CRIMES UNDER THE LAWS IN FORCE AT THE TIME OF
ITS COMMISSION
EXCEPTION TO PROSPECTIVE APPLICATION
OF CRIMINAL LAWS
• THE PROSPECTIVE CHARACTER OF CRIMINAL LAW WILL NOT APPLY IF
THE NEW STATUTE DEALING WITH THE CRIME ESTABLISHES
CONDITIONS MORE LENIENT OR FAVORABLE TO THE ACCUSED
• IF, FOR EXAMPLE, A NEW LAW PRESCRIBES A PENALTY MUCH LOWER
THAN THE PREVIOUS LAW, THEREBY SHORTENING THE SERVICE OF
SEENTENCE OF THE ACCUSED, THEN THE PENALTY OF THE NEW LAW
SHALL BE APPLIED TO THE ACCUSED. EVEN IF THE ACCUSED
COMMITTED THE CRIME BEFORE THE ENACTMENT OF THE NEW LAW
 EXCEPTION TO THE EXCEPTION

• HOWEVER, THE EXCEPTION WILL NOT APPLY IF:

• THE NEW LAW IS EXPRESSLY MADE INAPPLICABLE TO PENDING ACTIONS OR
EXISTING CAUSES OF ACTION
• WHERE THE OFFENDER IS A HABITUAL CRIMINAL AS DEFINED UNDER ART.65 OF
THE REVISED PENAL CODE
EFFECT OF THE REPEAL OF A PENAL LAW TO
THE ACCUSED

• CONSIDERING THE EARLIER STATEMENTS MADE REGARDING LAWS

FAVORABLE TO THE ACCUSED, THE FOLLOWING MUST BE CONSIDERED:
• IF THE REPEAL MAKES THE PENALTY LIGHTER IN THE NEW LAW, THE NEW LAW
SHALL BE APPLIED EXCEPT IF THE ACCUSED IS A HABITUAL DELINQUENT OR IF THE
NEW LAW IS EXPRESSLY MADE INAPPLICABLE TO PENDING ACTIONS
• IF THE NEW LAW IMPOSES A HEAVIER PENALTY THAN THE ORIGINAL LAW, APPLY
THE ORIGINAL LAW WHICH WAS ENFORCED AT THE TIME OF THE COMMISSION OF
THE OFFENSE
• IF THE NEW LAW TOTALLY REPEALS THE EXISTING LAW SO THAT THE ACT SO
PENALIZED UNDER THE OLD LAW IS NOT PUNISHABLE, THE CRIME IS OBLITERATED
 PEOPLE VS TAMAYO (65 PHIL 225)
FACTS: TAMAYO WAS CHARGED AND PROSECUTED FOR THE VIOLATION
OF AN ORDINANCE. WHILE THE CASE WAS PENDING APPEAL, THE
ORDINANCE WAS REPEALED BY ELIMINATING THE SECTION UNDER
WHICH THE ACCUSED WAS BEING PROSECUTED
ISSUE: W/N TAMAYO SHOULD BE CONVICTED FOR THE CRIME CHARGED
HELD: WHERE THE REPEAL IS ABSOLUTE, AND NOT A RE – ENACTMENT OR
REPEAL BY IMPLICATION, THE OFFENSE CEASE TO BE CRIMINAL. THE
ACCUSED MUST BE ACQUITTED
 CONSTRUCTION OF PENAL LAWS

• PENAL LAWS ARE STRICTLY CONSTRUED AGAINST THE GOVERNMENT

AND LIBERALLY IN FAVOR OF THE ACCUSED. THE SAID RULE APPLIES IF,
AND ONLY IF, THE LAW IN QUESTION IS AMBIGUOUS. IF THE LAW,
HOWEVER, IS CLEAR AND LEAVES NO ROOM FOR INTERPRETATION,
THEN THE LAW SHOULD BE APPLIED;
• IN THE CONSTRUCTION OR INTERPRETATION OF THE PROVISIONS OF
THE RPC, THE SPANISH TEXT IS CONTROLLING, BECAUSE IT WAS
APPROVED BY THE PHILIPPINE LEGISLATURE IN THE SPANISH TEXT