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CRIMINAL LAW branch or division of law which defines 1. Ex post facto law or bill of attainder shall not be
crimes, treats of their nature, and provides for enacted.
their punishment. *Ex post facto law makes criminal an act done
- Deals with the relation of the individual to the before the passage of the law and which was
State. innocent when done, and punishes such an act.
- It is substantive because it defines the States - Aggravates a crime, or makes it greater than it was,
right to inflict punishment and the liability of the when committed
offenders, as distinguished from criminal - Changes the punishment and inflicts greater
procedures. punishment than the law annexed to the crime
when committed
CRIME An act committed or omitted in violation of - Alters legal rules of evidence, and authorizes
public law forbidding or commanding it. conviction upon less or different testimony than the
HOW TO DEFINE A CRIME: law requited at the time of the commission of an
(1) What particular act constitutes the crime offense.
(2) What are the elements of the act - Assumes to regulate civil rights and remedies only
but in effect imposes a penalty or deprivation of a
CRIMINAL PROCEDURE body of rules that enforces or right which when done was lawful.
regulates Criminal Laws provides for prosecution and/or - Deprives a person accused of a crime some lawful
conviction of an accused. protection to which he has become entitled.
PENAL LAWS acts of legislature which prohibits certain acts Bill of Attainder an act which would inflict
and establishes penalties for their violations. punishment without judicial trial. It offends against
the due process clause and has the features of ex
FELONY a crime punished under the revised penal code. post facto law. It is a violation of judivial function by
the legislative.
OFFENSE a crime punished under a special law; a statutory
offense 2. No person shall be held to answer for a criminal
offense without due process of law.
MISDEMEANOR a minor infraction of the law, such as a It requires that criminal laws must be of general
violation of an ordinance. application and must clearly define the acts and
omissions punished as crimes.
SOURCES of PHILIPPINE CRIMINAL LAW
1. Revised Penal Code Characteristics of Criminal Law
2. Special Penal Laws by: I. GENERAL binding on all persons who live or
a. Philippine Commission sojourn in the Philippine territory.
b. Philippine Assembly - Refers to persons covered by penal
c. Philippine Legislature laws.
d. National Assembly NOTE:
e. Congress of the Philippines The Philippines is a sovereign state and it
The State (police power) has the authority to define and punish a. Jurisdiction of the civil courts is not affected
crimes and to lay down the rules of criminal procedure. by the military character of the accused.
LIMITATIONS ON THE POWER OF THE LAWMAKING BODY b. Civil courts have concurrent jurisdiction with
TO ENACT PENAL LEGISLATION general courts martial over soldier of the
armed forces of the Philippines.
Civil courts jurisdiction extend to the following:
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1. Murder cases committed by persons citizen or the offense is against the security of
subject to military law the Philippines.
2. Military courts or general courts-martial b. Any offense committed outside the base by any
over soldiers of the Armed Forces of the armed forces of the US which is the offended
Philippines party is also a member of the armed forces of
3. Offenses of malversation committed by an the US
army finance officer. c. Offense committed by a US army member
4. Even in times of hour, civil courts have against the security of the US
concurrent jurisdiction with the military VISITING FORCES AGREEMENT was signed on
courts or general courts-martial over February 10, 1998 between the US and Phil contains:
soldiers of the Philippine Army, provided a. US military authorities shall have the right to
that in the place of the commission of the exercise within the Philippines all criminal and
crime no hostilities are in progress and civil disciplinary jurisdiction conferred on them by the
courts are functioning. military law of the US over US personnel in RP
b. US authorities exercise exclusive jurisdiction over
c. Revised Penal Code or other penal law is not US personnel
applicable when the military court takes c. US military authorities shall have the primary
cognizance of the case. right to exercise jurisdiction over US personnel
subject to the military law of the US.
d. Jurisdiction of military courts
PERSONS EXEMPTED from the Operation of the
e. The prosecution of an accused before a court- Criminal Laws by Virtue of the Principles of public
martial international law.
1. Sovereigns and other chiefs of state.
f. Offenders accused of war crimes are tribal by 2. Ambassadors, ministers, plenipotentiary,
military commission. ministers resident, and charge daffairs,
domestic servants of the persons mentioned
EXCEPTIONS TO THE GENERAL APPLICATION OF
CRIMINAL LAW A CONSUL is not entitled to the privileges and
1. Article 2 of the Revised Penal Code stating: the immunities of ambassador or minister because they
provisions of this Code shall be enforced within the represent the business, commercial mercantile
Philippine Archipelago, except as provided in the interests of their country of origin.
treaties and laws of preferential application.
LAW OF PREFERENTIAL APPLICATION *WARSHIP RULE
RA No. 75 may be considered as law of preferential - A warship of another country, even though docked in
application in favor of diplomatic representative and the Philippines is considered an extension of the
their domestic servants. territory of its respective country.
2. Article 14 of the new Civil Code provides: penal laws - Acts done within a warship of another country cannot
and those of public security and safety shall be be subjected to the criminal law of the Philippines.
obligatory upon all who live or sojourn the
Philippine territory, subject to the principles of *EMBASSIES
public and international law and to treaty - Considered as extensions of their respective countries
stipulations. thus, making them subject to their own laws.
TREATY or TREATY STIPULATIONS
Examples: II. TERRITORIAL criminal law undertake to punish
BASES AGREEMENT entered into by and between the crimes committed within Philippine territory.
Republic of the Philippines and the USA on March 14, It means that penal laws of the Philippines are
1947 (expired on September 16, 1991) stipulating enforceable only within its territory.
that the Philippine consents that the US have the - Refers to place where the law is
right to exercise jurisdiction over the ff: applicable.
a. Any offense committed by a person within the CRIME offense against the dignity, authority and
base except when the both parties are Filipino sovereignty of the Philippine territory.
COMPONENTS OF A CASE
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EXCEPTIONS to the territorial application of criminal Different EFFECTS of Repeal of Penal Law
law 1. If the repeal makes the penalty lighter in the new
1. Should commit an offense while on a Philippine ship law, the new law will be enforced, except when the
or airship offender is a habitual delinquent.
2. Should forge or counterfeit any coin or currency 2. If the new law enforces heavier penalty, the law in
note of the Philippine Islands or obligations and force at the time of the commission of the offense
securities issued by the Government of the shall be applied.
Philippine Islands; 3. If the new law totally repeals the existing law so
3. Should be liable for acts connected with the that the act which was penalized under the old law is
introduction into these islands of the obligations no longer punishable, the crime is obliterated.
and securities mentioned in the presiding number;
4. While being public officers or employees, should THE REVISED PENAL CODE
commit an offense in the exercise of their
functions; or (Act No. 3815, as amended)
5. Should commit any of the crimes against national BOOK 1
security and the law of nations, defined in Title
One of Book Two of this Code.
HISTORY of the REVISED PENAL CODE
Administrative Order No. 94 created the committee on
III. PROSPECTIVE a penal law cannot make an act
punishable in a manner in which it was not October 18, 1927 to revised the Penal Code , taking
punishable when committed. Crimes are into consideration the existing conditions , the special
punished under the laws in force at the time of penal laws and the rulings laid down by the Supreme
their commission. Court.
Enforced on December 31, 1931 and took effect on July
- Time when the law should be
applied. 14, 1887
EXCEPTIONS to the prospective application of criminal ARTICLE 1. Time when Act takes effect. This Code shall
laws. take effect on the first day of January, nineteen hundred and
Whenever a new statute dealing with crime establishes thirty two.
conditions more lenient or favorable to the accused, it
can be given a retroactive effect. Theories in Criminal Law
This exception has no application if: 1. Classical
a. When the new law is expressly made inapplicable to a. Basis of criminal liability
pending actions or existing causes of action. i. Human free will and the purpose of the
b. Where the offender is a habitual criminal penalty is retribution.
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ii. Man is essentially moral creature with an All laws must be interpreted liberally in favor of the
absolutely free will to choose between good accused and strictly against the State. This is because it
and evil, therby placing more stress upon is the State which drafted and prescribed the law,
the effect or result of the felonious act than hence, the ambiguity,the law must be read, interpreted
upon the man, the criminal himself. and construed against the State.
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h. Failure to make delivery of public funds or 2. Act or omission must be punishable by the Revised Penal
property Code
i. Falsification by a public officer or employee 3. Act performed or the omission incurred by means of
committed with abuse of his official position. dolo or culpa
5.Should commit any of the crimes against national ACT any bodily movement tending to produce some
security and the law of nations, defined in Title One effect in the external world that constitutes a felony
of Book Two of this Code. *The act must be external because the internal acts are
beyond the sphere of penal law.
IMPORTANT WORDS:
1. Except as provided in the treaties and laws of OMISSION - means inaction, the failure to perform a
preferential application. positive duty which one is bound to do. There is a law
2. Its atmosphere requiring the doing or performance of an act.
- Extend to all air space which covers its territory Examples:
3. Interior waters 1. Anyone who fails to render assistance to any person
- includes creeks, rivers, lakes and bays, gulfs, straits, whom he finds in an uninhabited place wounded or in
coves, inlets and roadsteads lying wholly within danger of dying, is liable for abandonment of persons
three-mile limit. in danger.
4. Maritime zone 2. Fails to issue receipts.
RULES as to JURISDICTION over CRIMES committed abroad PUNISHABLE BY LAW - based upon the maxim, nullen
foreign merchant vessel. crimen, nulla poena sine lege, there is a crime where there
1. French Rule crimes are not triable in the courts of that is no law punishing it.
country, unless their commission affects the peace - Punished by the Revised Penal Code and not by a
and security of the territory or the safety of the state special law.
is endangered
- Emphasis is on the nationality of the vessel; CLASSIFICATION OF FELONIES ACCDNG TO THE MEANS By
jurisdiction lies where the merchant vessel is WHICH THEY ARE COMMITTED.
registered. 1. Intentional the act or omission of the offender is
2. English Rule crimes are triable in that country, unless malicious. It is performed with deliberate intent,
thy merely affect things within the vessel or they refer which must necessarily be voluntary.
to the internal management thereof. 2. Culpable the act or omission is not malicious but
- The emphasis is on territoriality of the vessel; where voluntary. The injury cause is unintentional, it being
the vessel is found simply incident of another act performed without
malice. Wrongful act results from imprudence,
FELONIES AND CIRCUMSTANCES WHICH negligence, lack of foresight, or lack of skill.
IMPRUDENCE indicates deficiency of action
AFFECT CRIMINAL LIABILTY *If a person fails to take the necessary precaution to
Chapter One avoid injury to person or damage to property.
FELONIES *Imprudence usually involves lack of skill
NEGLIGENCE indicates deficiency of perception
ARTICLE 3. Definition - Acts and omissions punishable by *If a person fails to pay proper attention and to use
law are felonies (delitos). due diligence in foreseeing the injury or damage
Felonies are committed not only be means of deceit impending to be caused.
(dolo) but also by means of fault (culpa). *Negligence usually involves lack of foresight
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful act FELONIES Committed by means of DOLO or with MALICE
results from imprudence, negligence, lack of foresight, or lack DOLO or Dolus is equivalent to malice, which is the
of skill. intent to do an injury to another.
INTENT refers to the use of a particular means to bring
ELEMENTS of FELONIES about the desired result.
1. There must be an act or omission.
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Criminal intent is necessary in felonies committed by 1. The act done would have been lawful had the facts been
means of dolo because: as the accused believed them to be
The act done would not constitute a felony had the facts been
Actus non facit rem nisi mens sit rea the act itself does as the accused believed them to be.
not make a man guilty un less his intention were so. 2. The intention of the accused in performing the act should
be lawful
Actuse me invite no est merus actus, an avt done by me 3. The mistake must be without fault or carelessness on the
against my will is not my act. part of the accused.
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