BASIS OF THE POWER TO ENACT PENAL LAWS

THE 1. Police Power of the State;

REVISED PENAL CODE OF THE 2. Right of the State to Self Preservation and Defense.

PHILIPPINES NOTE: The right of prosecution and punishment for a crime is one
of the attributes that by a natural law belongs to the sovereign power
Act No. 3815, as amended (US v Pablo, 35 Phil. 94, 100).

LIMITATIONS TO STATE AUTHORITY TO PUNISH CRIMES

BOOK 1 See Article III, Secs. 1, 14, 18, 19, 20, and 22 of the 1987 Constitution.

STATUTORY RIGHTS OF THE ACCUSED [PrInCEss PO SipA]

CRIMINAL LAW
Rule 115, Sec. 1 of Rules on Criminal Procedure:
It is that branch of law which defines crimes, treats of their
1. To be presumed innocent until the contrary is proved
nature and provides for their punishment (REYES, 1).
beyond reasonable doubt;
2. To be informed of the nature and cause of the accusation
CRIMINAL LAW CRIMINAL PROCEDURE
against him;
As to nature
3. To confront and cross-examine the witnesses against him at
Substantive Remedial the trial xxx xxx;
4. To be exempt from being compelled to be a witness against
Defines crimes, treats of their Regulates the steps in the himself;
nature and provides for their apprehension, prosecution and 5. To have compulsory process issued to secure the
punishment; conviction of accused if found attendance of witnesses and production of other evidence
guilty; in his behalf;
As to application 6. To be present and defend in person and by counsel at every
Prospective, unless favorable to Retroactive stage of the proceedings, from arraignment to
the accused provided that the promulgation of the judgment xxx xxx;
accused is not a habitual 7. To testify as a witness in his own behalf but subject to
delinquent; cross-examination on matters covered by direct
As to the authority who may promulgate examination. His silence shall not in any manner prejudice
Congress. Judiciary. him;
8. To have speedy, impartial and public trial;
CRIME 9. To appeal in all cases allowed and in the manner
A generic term that embraces any violation of the RPC, special prescribed by law.
penal laws, and municipal of city ordinance (AMURAO, 47).
PENOLOGICAL OBJECTIVES
FELONY 1. Prevention – This assumes that man has a tendency to
An act or omission violative of the RPC committed either commit crime and punishing offenders will prevent them
intentionally or negligently (Art. 3, RPC). from doing so again. Suppression can only be made
possible through penal jurisprudence;
OFFENSE
An act or omission violative of a special law, i.e., any law other 2. Deterrence/Exemplarity – This assumes that man is endowed
than the RPC. with free will and of his awareness of the sanctions against
crimes and his fear of such. Especially if there is:
MISDEMEANOR a. Certainty – that all crimes will be punished;
A minor infraction of the law, such as a violation of an b. Celerity – that punishment will come swiftly;
ordinance. c. Severity – that punishment is proportionate to his
crime.
INFRACTION This is also assumed that punishing the offender with
An act or omission punishable by an ordinance. cruel and conspicuous penalties will make an example of
him to deter others from doing the same in the future;
SOURCES OF CRIMINAL LAW
1. The Revised Penal Code (Act No. 3815) and its 3. Self-defense – This is probably a conclusion reached by the
amendments; social contract theorists who hold that there is an unwritten
2. Special Penal Laws; contract between men and their society where individuals
3. Penal Presidential Decrees issued during Martial Law. agree to give up certain rights in exchange for the
protection and benefits offered by a community. If
MALA IN SE individuals violate this contract, then the society, through
Evil in itself. A crime or an act that is inherently immoral such the State, has the right to enforce its laws and protect its
as murder, arson, or rape. Crime committed without criminal intent own existence;
for it is the act alone which constitutes the offense. 4. Reformation – This assumes that punishment is capable of
changing/rehabilitating individuals;
MALA PROHIBITA
An act that is a crime merely because it is prohibited by statute 5. Retribution – This rests on the basic premise that justice
although the act itself is not necessarily immoral. They are violations must be done: the offender shall not go unpunished. This
of regulatory statutes or rules of convenience designed to secure a belongs to that which maintains that punishment is
more orderly regulation of the affairs of society. inherent in the very nature of a crime and is thus its
necessary consequence.
NOTE: Good faith or lack of criminal intent are not defenses in
mala prohibita. However, it must be proven that there was an intent to THEORIES IN PENOLOGY
perpetrate the act, i.e., the act was performed voluntarily, willfully 1. Classical or Juristic Theory
and persistently despite knowledge that the act is prohibited. The act The basis of criminal liability is human free will and
was not casual or accidental performance. the purpose of the penalty is retribution. Since he injured

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