Criminal Law

- Is a branch of law which defines crime, treats of their nature, and provides for their
punishment.

Crime – an act committed or omitted in violation in violation of a public law, forbidding or

commanding

Sources of Philippine Criminal Law

1. The Revised Penal Code (Act No. 3815) and its amendments.
2. Special Penal Laws passed by PC, PA, PL, NA CP and BP.
3. Penal Presidential Decrees issued during Martial Law

Power to define and Punish Crimes

- The States 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.

Limitations on the Power of the Lawmaking Body to enact Penal Legislation

The Bill of rights of the 1987 Constitution imposes the following limitations:

1. No ex post facto law or bill of attainder shall be enacted (Article III, sec 22)
2. No person shall be held to answer for a criminal offense without due process of the
law (Article III, sec. 12 {1})

The first limitation prohibits the passage of retroactive laws which are prejudicial to
the accused

Ex post facto Law is one which:

1. Makes criminal act done before the passage

of the law, and which was innocent when done,
and punishes such an act.

2. Aggravates a crime, or makes it greater than it

was when committed

3. Changes the punishment and inflicts a greater

punishment than the law annexed t the crime
when committed

4. Alters the legal rules of evidence, and authorizes

Conviction upom less or different testimony
than the law required at the time of the commission
of the offense

5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was unlawful

6. Deprives a person accused of a crime some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty.

Bill of Attainder
 - A legislative act which inflicts a
punishment without trial. Its essence
is the substitution of a legislative act
for a judicial determination of guilt.

To give a law retroactive application to the prejudice of the accused is to make an ex post facto
law.

The second limitation requires that criminal laws must must be of general application
and must clearly define the acts and omissions punished as crimes.

Constitutional Rights of the Accused

1. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial or administrative bodies.

2. No person shall be held to answer for a criminal offense without due process of
law.

3. All persons, except those charged with reclusion perpetua, shall, before
conviction, be bailable by sufficient sureties, or be released on recognizance as
may be provided by the law.

(The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended)

4. In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature of the cause of the accusation against him, to have
speedy, impartial, and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of the witnesses and the
production of evidence in his behalf.

5. No person shall be compelled to be a witness against himself.

(Shall have the right to remain silent, to have a competent counsel of his
own choice)

6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. (Sec 19{1})

7. No person shall be put twice in jeopardy of punishment for the same offense.

8. Free access o the courts and quasi-judicial bodies and adequate legal assistance
shall be nit denied to any person by reason of poverty.

Statutory Rights of the Accused

 Sec 1, Rule 115, of the Revised Rules on Criminal Procedure provides that in all
criminal prosecutions, the accused shall be entitled:

1. To be presumed innocent while the contrary is proved beyond reasonable doubt.

2. To be informed of the nature and cause of the accusation against him.

3. To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment.

4. To testify as a witness in his own behalf but subject to cross examination on matters
covered by direct examination. His silence in any manner shall not prejudice him.

5. To be exempt from being compelled to be a witness against himself.

6. To confront and cross examine the witness against him at the trial.

7. To have compulsory process issued to secure the attendance of witness and production
of other evidence in his behalf.

8. To have a speedy, impartial and public trial.

9. To appeal in all cases allowed and, in the manner, prescribed by the law.

A right of the accused which may be waived is the right of the accused to confrontation
and cross examine. (Personal)

A right which may not be waived is the right of the accused to be informed of the nature
and cause of the accusation against him. (Public interest)

Characteristics of Criminal Law

1. General
 In that criminal law is binding on all persons who live or sojourn in Philippine
Territory.

{No foreigner enjoys in this country extra-territorial right to be

exempted from its laws and jurisdiction}

Persons exempt from the operation of our criminal laws by virtue of the principles of
public international law:

a. Sovereigns and other chief of state

b. Ambassadors, minister’s plenipotentiary, minister resident, and charges
d’affaires

Consuls are commercial agents appointed by a government to reside in the seaports of a

foreign country, and commissioned to watch over the commercial rights and privileges of
the nation deputing them.

A consul is not entitled to the privileges and immunities of an ambassador or minister.

2. Territorial
 Criminal laws undertake to punish crimes committed within Philippine
Territory.
 Penal laws of the Philippines are enforceable only within its territory
  Article 2 of RPC – shall be imposed within the Archipelago, including
atmosphere, its waters and maritime zone
 Article 1 of the 1987 Constitution (National Territory)

Exceptions to the Territorial Application of Criminal Law

The same Article 2 of the Revised Penal Code provides that its provisions shall be
enforced outside the jurisdiction of the Philippines against those who:

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

2. Should forge or counterfeit any coin or currency note of the Philippine or
obligations and securities issued by the government of the Philippines
3. Should be liable for acts connected with the introduction into the Philippines of
the obligations and securities mentioned in the preceding number;
4. While being public 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 the Title One of Book Two of the Revised Penal Code.

3. Prospective
- In that a penal law cannot make an act punishable in a manner in which it was not
punishable when committed. As provided in the Article 366, crimes are punishable
under the laws in force at the time of their commission.

Exceptions to the prospective application of criminal laws

Whenever a statute dealing with crime establishes conditions more lenient or favorable to
the accused, it can be given a retroactive effect.

But this exception has no application:

1. Where the new law is expressively made inapplicable to pending actions or existing
cause of actions

2. Where the offender id habitual criminal under Rule 5, Article 62, Revised Penal Code.

Laws of Preferential Applications

A law to penalize acts which would impair the proper observance by the Republic and
inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.

Exceptions:
Not applicable when the foreign country adversely affected does not provide similar
protection to our diplomatic representatives.

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Territoriality Principle
 - Only enforceable within its territory

Equipoise Rule
- Balance of justice must be favorable in the accused if the evidence of the accuse and
the opposing party is equal
- Accused must be presumed innocent

Mala in se
- (Evil or wrong in itself) wrong by their very nature (murder, arson)
- An act which is ingerently immoral
- Requires criminal intent
- Laws violated: Revised Penal Code referred to as Malum in se

Mala Prohibita
- “Wrong because they are prohibited”
- An act that is a crime because it is prohibited by the statute although it is not
necessarily immoral
- Laws violated: Special penal laws referred to as Malum Prohibitum

Rule and Interpretation of the Penal Laws in relation to the accuse

- Penal laws are to be construed strictly against the state and liberally in favor of the
accused
- That interpretation which is lenient or favorable to the offender will be adopted. There
is no crime if there is no law punishing the same.

Two Scopes of Application of the RPC

a. Intraterritorial – it does not refer only to Philippine Archipelago, but it also
includes it atmosphere, interior waters and maritime zone

b. Extraterritoriality – refers to a situation where the Philippine ship or airship is

not within the territorial waters or atmosphere of a foreign country. Otherwise, it
is the foreign country’s criminal law that will apply.

The National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the Philippines.

Classifications of Felony
a. Intentional Felonies – the act or omission of the offender is malicious; the act
is performed with deliberate intent (with malice)

b. Inculpable Felonies – act or omission is not malicious; unintentional

Requisites of Dolo or Malice (intent to do an injury to another)
1. He must have FREEDOM while doing the act(Without freedom, he is no longer a human,
but a tool)
2. He must have INTELLIGENCE (necessary to determine the morality of human acts)
3. He must have INTENT (intent to commit an act with malice)

Requisites of Culpa (punishes malversion thru negligence)

1. He must have FREEDOM
2. INTELLIGENCE
3. IMPRUDENT, NEGLIGENT, LACK OF FORESIGHT

MOTIVE- moving power which impels one to action for a definite result
- Need not to be proved for purpose of conviction

INTENT – the purpose to use a particular means to affect such result

Mistake of Fact in Ah Chong

The Court held that there is no criminal liability when one commits an offense or act due
to ignorance of facts provided that it was not due to negligence or bad faith. Such ignorance of
the fact is sufficient to negative the particular intent which under the law, is an essential element
to the crime of murder charged cancels the presumption of intent and works for an acquittal. In
the case, the defendant struck the fatal blow on the belief that the intruder was a robber, on
which his life and property was in danger. It is clear that he acted in good faith without
negligence and without any criminal intent in exercising his right to self-defense.
Impossible crime
- is one where the acts performed would have been a crime against person
orproperty but which is not accomplished because of its inherent
impossibility or because of theemployment of inadequate or ineffectual
means.

Examples of an impossible crime, which formerly was not punishable but is now under article 59 of the Revised
Penal Code, are the following:

(1) When one tries to kill another by putting in his soup a substance which he believes to be arsenic when
in fact it is common salt; and
(2) when one tries to murder a corpse.

-No. There can be no frustrated impossible because the offender has already performed the acts for the
execution of the crime

Effects of Repeal of Penal Law

1. If the repeal makes the penalty lighter in the new law, the new law shall be implied
except when the offender is habitual delinquent or when the new law is made not
applicable to pending action or existing causes of application.

2. If the new law imposes a heavier penalty, the law in that time of the commission of the
offense shall be applied.

3. If the new law totally repeals the existing law so that the act which was penalized
under the old law is no longer punishable, the crime is obliterated.

 When the repeal is absolute, the offense ceases to be criminal.

  When the new law and old law penalize the same offense, the offender can be tried under
the old law

 When the repealing law fails to penalize the offense under the old law, the accused cannot
be convicted under the new law.

 A person erroneously accused and convicted under a repealed statute may be punished
under the repealing statute.

 A new law which omits anything contained in the old law dealing on the same subject,
operates as a repeal of anything not so included in the amendatory act

Construction of Penal Laws

- Penal laws are strictly construed against the government and liberally in favors of the
accused.
- In the construction or interpretation of the Revised Penal Code, the Spanish text is
controlling.

ARTICLE 1
Time when act takes effect.
This code shall take effect on the First Day of January 1932.

THE REVISED PENAL CODE IS MAINLY BASED ON THE PRINCIPLES OF THE CLASSICAL SCHOOL.

Two Theories in Criminal Law

1. Classical Theory
2. Positivist Theory

Characteristics of Classical Theory

1. The basis of criminal liability is human free will and the purpose of penalty is
retribution.

2. That man is essentially a moral creature with an absolute free will between good and
evil, thereby placing more stress upon the ffect or result of the felonious act than upon
the man, the criminal himself.

3. It has endeavored to establish a mechanical and direct proportion between crime and
penalty.

4. There is a scant regard of human element.

Characteristic of the Positivist Theory

1. That man is subdued occasionally by a strange and morbid phenomenon which

constrains him to do wrong, in spite of or in contrary to his volition.

2. That crime is essentially a social and natural phenomenon, and is, such, it cannot be
treated and checked by the application of abstract principles of law and jurisprudence,
nor by the imposition of punishment, fixed and determined a priori; but rater through
the enforcement of individual measures in each particular case after a thorough ,
 personal and individual investigation conducted by a competent body of psychiatrist
and social scientists.

ARTICLE 2

Application of its provisions

Except as provided in the treaties and laws of preferential application, the provisions of
this code shall be enforced not only within the Philippine Archipelago, including its atmosphere,
its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

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

2. Should forge or counterfeit any coin or currency note of the Philippine or

obligations and securities issued by the government of the Philippines

3. Should be liable for acts connected with the introduction into the Philippines of
the obligations and securities mentioned in the preceding number;

4. While being public 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 the Title One of Book Two of the Revised Penal Code.

Rules As to Jurisdiction Over Crimes Committed Aboard Foreign Merchant Vessels

c. French Rule – Such crimes are not triable in the courts of that country unless
their commission affects the peace and security of the territory or the safety of
the state is endangered.

d. English Rule – Such crimes are triable in that country, unless they merely affect
things within the vessel or they refer to the internal management thereof.
(Territorial)

In this country, we observe the English Rule.