CRIMINAL LAW (1st Week)
a. Discuss Department of Education Culture
and Sports v. San Diego, G.R. No. 89572, 21
December 1989.
b. What is law as defined by St. Thomas
Aquinas?
“An ordinance of reason promulgated by
competent authority for the sake of common
good.”
c. What are the three inherent powers of the
state?
(1) Police Power; for public good or welfare
(2) Power of Eminent Domain or Power of
Expropriation; for public use
(3) Power of Taxation; for revenue
d. What is Criminal Law?
(1) Criminal law is that branch of municipal law
which defines crimes, treats of their nature and
provides for their punishment.
(2) It is that branch of public substantive law
which defines offenses and prescribes their
penalties. It is substantive because it defines
the state’s right to inflict punishment and the
liability of the offenders. It is public law because
it deals with the relation of the individual with
the state.
(3) It is that branch of public law which defines
criminal offenses and prescribed specific
punishment for them. It is a branch of public
law because it treats of acts and omissions of
the citizens which are deemed primarily as
wrong against the State more than the
offended party. (Notes and Cases on the
Revised Penal Code by Boado, Leonor D.,
manila: Rex Book Store, c2001. Fil 345.599 B662
2001, Filipiniana Section, University Library.)
e. What is crime?
A crime is a wrongdoing classified by the state
or Congress as a felony or misdemeanor.
A crime is an offence against a public law.
f. What are the sources of criminal law?
(1) The Revised Penal Code (Act No. 3815) and
its amendments.
(2) Special Penal Laws passed by the Philippine
Commission, Philippine Assembly,
Philippine Legislature, National Assembly,
the Congress of the Philippines, and the
Batasang Pambansa.
(3) Penal Presidential Decrees issued during
Martial Law.
g. What are the constitutional limitation on
penal legislation?
The Bill of Rights list certain behaviors that
cannot be deemed criminal behaviors, such as
speech religion,and association.
However there are exceptions;
 obscenity- material that appeals to
nudity sexual activity and excretion
 profanity-irreverence toward sacred
things, particularly God
 libel and slander- damages to
reputations
 fighting words-words that provoke the
average person to retaliate
 clear and present danger-expression
that that creates clear and present
danger of an evil
h. What are the three main characteristics of 1. Should commit an
criminal law? offense while on a
PH ship or airship
CHARACTERISTICS OF CRIMINAL LAW
2. Should forge or
1. GENERAL
counterfeit any coin
 Persons exempt from the operation
or currency note of
of our criminal laws by virtue of the
the PH or
principles of public international
obligations and
law:
securities issued by
a. Sovereigns and other chiefs
the gov’t of the PH
of state
3. Should be liable for
b. Ambassadors, ministers
acts c onnected
plenipotentiary, ministers
with the
resident, and chages
introduction into
d’affaires
the PH of the
* A consul is not
obligations and
entitled to the
securities
privileges and
mentioned in the
immunities of an
preceding number
ambassador or
4. While being public
minister, but is subject
officers or
to the laws and
employees, should
regulations of the
commit an offense
country to which he is
in the exercise of
accredited. (This is in
their functions
the absence of a treaty
5. Should commit any
to the contrary) ---
of the crimes
International Law
against national
2. TERRITORIAL
security and the law
 Criminal laws undertake to punish
of nations, defined
crims committed within Philippine
in Title One of Book
territory.
Two of the Revised
 The principle of territoriality means
Penal Code
that as a rule, penal laws of the
 Article 1 of the Philippine
Philippines are enforceable only
Constitution – National Territory
within its territory.
 Article 2 of the Revised Penal Code
– provisions of territoriality
1) Shall be enforced outside of
3. PROSPECTIVE
the jurisdiction of the PH
– Article 366 of the RPC, crimes are
against those who:
punished under the laws in force at the
time of their commission
 Exceptions: law, the accused cannot be
1) Where the new law is convicted under the new law.
expressly made inapplicable
to pending actions or i. How are penal laws construed?
existing causes of action
1. Penal laws are strictly constructed
2) Where the offender is a
against the Government and liberally in
habitual criminal under Tule
favor of the accused.
5, Article 62, RPC
2. In the construction or interpretation of
 Different effects of repeal on penal
the provisions of the Revised Penal
law:
Code the Spanish text is controlling,
1) If the repeal makes the
because it was approved by the Phil.
penalty lighter in the new
Legislature in its Spanish text.
law, the new law shall be
applied, except when the
j. Discuss the two theories in Criminal Law
offender is a habitual
delinquent or when the 1. Classical or Juristic Theory
new law is made not
a. The basis of criminal liability is human free
applicable to pending
will and the purpose of the penalty is
action or existing causes of
retribution
action.
2) If the new law imposes a b. Man is essentially a moral creature with an
heavier penalty, the law in absolutely free will to choose between good
force at the time of the and evil thereby placing more stress upon the
commission of the offense effect or result of the felonious act than upon
shall be applied. the man, the criminal himself.
3) If the new law totally
c. It has been endeavored to establish a
repeals the existing law so
mechanical and direct proportion between
that the act which was
crime and penalty.
penalized under the old law
is no longer punishable, the 2. Positivist or Realistic Theory
crime is obliterated
a. Man is subdued occasionally by a strange and
(destroyed).
morbid phenomenon which constrains him to
 When the repeal is absolute, the
do wrong, in spite of or contrary to his volition.
offense ceases to be criminal.
 When the new law and the old law b. The crime is essentially a social and natural
penalize the same offense, the phenomenon and as such it cannot be treated
offender can be tried under the old and checked by applying law and jurisprudence
law. nor by imposition of a punishment, fixed and
 When the repealing law fails to determined a priori.
penalize the offense under the old
c. The purpose of penalty is reformation.
k. Discuss Article 2 of the Revised Penal Code
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 Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands of the
obligations and securities mentioned in the
presiding number;
4. While being 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 of Book Two of this Code. The
provisions of the Revised Penal Code shall be
enforced not only within the Philippine
Archipelago, but also outside of its jurisdiction
in certain cases.
The five paragraphs of Art. 2 treat of the
application of the Revised Penal Code to acts
committed in the air, at sea, and even in a
foreign country when such acts affect the
political or economic life of the nation.
l. What is the English rule?
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. In this country, we
observe the English Rule. According to the
French theory and practice, matters happening
on board a merchant ship which do not concern
the tranquility of the port or persons foreign to
the crew, are justiciable only by the courts of
the country to which the vessel belongs. The
French courts therefore claim exclusive
jurisdiction over crimes committed on board
French merchant vessels in foreign ports by one
member of the crew against another. Such
jurisdiction has never been admitted or claimed
by Great Britain as a right, although she has
frequently conceded it by treaties. (U.S. vs. Bull,
15 Phil. 7, 14)
m. What is the French Rule?
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.
n. Which Philippine court shall take cognizance
of crimes committed outside of the
Philippines?
The crimes committed outside of the
Philippines but punishable under Art.2 are
cognizable by the Regional Trial Court in which
the charge is filed.
o. May Philippine courts exercise jurisdiction
over crimes committed on board a foreign
warship while inside Philippine territorial
waters?
Philippine courts have no jurisdiction over
offenses committed on board foreign warships
in territorial waters. In case vessels are in the
ports or territorial waters of a foreign country, a
distinction must be made between merchant
ships and warships; the former are more or less
subjected to the territorial.
Warships are always reputed to the territory of
the country to which they belong and cannot be
subjected to the laws of another state. A United
States Army transport is considered a warship.
p. Discuss Article 3 of the Revised Penal Code
Article 3. Definitions. - Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only be means of
deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
q. What is Felony?
Felonies are acts and omissions punishable by
the Revised Penal Code. Elements of felonies.
r. What are the elements of a felony?
The elements of felonies in general are:
1. That there must be an act or omission.
2. That the act or omission must be punishable
by the Revised Penal Code.
3. That the act is performed or the omission
incurred by means of dolo or culpa. (People vs.
Gonzales, G.R. No. 80762, March 19, 1990, 183
SCRA 309, 324)
s. What is the meaning of act?
in general, any action by a person.
t. What is the meaning of omission?
failure to perform an act agreed to, where there
is a duty to an individual or the public to act
(including omitting to take care) or where it is
required by law. Such an omission may give rise
to a lawsuit in the same way as a negligent or
improper act.
u. What are the classes of felonies according to
the means by which they are committed?
A. Light- the penalty is imprisonment of one day
to thirty days or fine of not more than P200.00
1. They are punished only in their consumated
stages except with respect to light felonies
against persons or property. The reason is
because they produced such light or
insignificant results that society is satisfied if
they are punished even if only in their
consummated stage.
2. Only principals and accessories are liable
B Less Grave: by imprisonment of more than
one month but not more than 6 years or fine of
P200.00 but not more than P6,000.00
C. Grave: the imprisonment is more than 6
years or fine of more than P6,000.00. They are
either
1. Heinous- the penalty is reclusion temporal to
reclusion perpetua or
2. Non heinous.
The Importance of the classification is in
relation to (a) prescription of crimes (b)
complexing of crimes (c) imposition of
subsidiary penalty (d) determination of who are
liable for the offense (e) determination what
stage of execution is punishable and (f)
determination of the period of detention of
persons lawfully arrested without warrant.
v. What is dolo?
The word "deceit" in the second paragraph of
Art. 3 is not the proper translation of the word
"dolo."
Dolus is equivalent to malice, which is the intent
to do an injury to another. (I Wharton's Criminal
Law 180) When the offender, in performing an
act or in incurring an omission, has the intention
to do an injury to the person, property, or right
of another, such offender acts with malice. If
the act or omission is punished by the Revised
Penal Code, he is liable for intentional felony.
w. What are the requisites of dolo?
Requisites of dolo or malice. In order that an act
or Omission may be considered as having been
performed or incurred with deliberate intent,
the following requisites must concur:
(1) He must have FREEDOM while doing an act
or omitting to do an act;
(2) He must have INTELLIGENCE while doing the
act or omitting to do the act;
(3) He must have INTENT while doing the act or
omitting to do the act.
1. Freedom. When a person acts without
freedom, he is no longer a human being but a
tool; his liability is as much as that of the knife
that wounds, or of the torch that sets fire, or of
the key that opens a door, or of the ladder that
is placed against the wall of a house in
committing robbery. Thus, a person who acts
under the compulsion of an irresistible force is
exempt from criminal liability. (Art. 12, par. 5)
So also, a person who acts under the impulse of
an uncontrollable fear of an equal or greater
injury is exempt from criminal liability (Art. 12,
par. 6)
2. Intelligence. Without this power, necessary
to determine the morality of human acts, no
crime can exist. Thus, the imbecile or the
insane, and the infant under nine years of age
as, well as the minor over nine but less than
fifteen years old and acting without
discernment, have no criminal liability, because
they act without intelligence. (Art. 12, pars. 1, 2
and 3)
3. Intent. Intent to commit the act with malice,
being purely a mental process, is presumed and
the presumption arises from the proof of the
commission of an unlawful act. All the three
requisites of voluntariness in intentional felony
must be present, because "a voluntary act is a
free, intelligent, and intentional act." (U.S. vs.
Ah Chong, 15 Phil. 488, 495) Examples: murder,
treason, and robbery.
x. What is mistake of fact?
Mistake of fact – is a misapprehension of fact
on the part of the person who caused injury to
another. He is not criminally liable.
y. What are the requisites of mistake of act as
a defense?
1. that the act done would have been lawful
had the facts been as the accused believed
them to be;
2. intention of the accused is lawful;
3. mistake must be without fault of
carelessness.
z. Distinguish between mistake of fact and
error in personae or mistake in the identity of
the victim.
1. Mistake in identity of the victim –
injuring one person who is mistaken for
another (this is a complex crime under
Art. 48) e.g., A intended to shoot B, but
he instead shot C because he (A) mistook
C for B.
In error in personae, the intended victim
was not at the scene of the crime. It was the
actual victim upon whom the blow was directed,
but he was not really the intended victim.
2. Mistake of fact - is an absolutory
cause. The offender is acting without
criminal intent. So in mistake of fact, it is
necessary that had the facts been true as
the accused believed them to be, this act is
justified. If not, there is criminal liability,
because there is no mistake of fact
anymore. The offender must believe he is
performing a lawful act.
aa. What is culpa?
Between an act performed voluntarily and
intentionally, and another committed
unconsciously and quite unintentionally, there
exists another, performed without malice, but
at the same time punishable, though in a lesser
degree and with an equal result, an
intermediate act which the Penal Code qualifies
as imprudence or negligence.
In culpable felonies, the act or omission of the
offender is not malicious. The injury caused by
the offender to another person is
"unintentional, it being simply the incident of
another act performed without malice." (People
vs. Sara, 55 Phil. 939) As stated in Art. 3, the 36
wrongful act results from imprudence,
negligence, lack of foresight or lack of skill.
The only difference between intentional
felonies and culpable felonies is that, in the
first, the offender acts with malice; whereas, in
the second, the offender acts without malice.
bb. What are the requisites of culpa?
If the crime is intentional, it cannot be
committed without intent. Intent is manifested
by the instrument used by the offender. The
specific criminal intent becomes material if the
crime is to be distinguished from the attempted
or frustrated stage.
1. by means of fault (culpa) – There is fault
when the wrongful act results from
imprudence, negligence, lack of foresight, or
lack of skill.
2. Imprudence – deficiency of action; e.g. A was
driving a truck along a road. He hit B because it
was raining – reckless imprudence.
3. Negligence – deficiency of perception; failure
to foresee impending danger, usually involves
lack of foresight
Requisites:
1. Freedom
2. Intelligence
3. Imprudence, negligence, lack of skill or
foresight
4. Lack of intent
cc. What is mala in se?
Crimes mala in se are those so serious in their
effects on society as to call for almost
unanimous condemnation of its members
In acts mala in se, the intent governs
The term mala in se refers generally to felonies
denned and penalized by the Revised Penal
Code.
When the acts are inherently immoral, they are
mala in se, even if punished by special laws. On
the other hand, there are crimes in the Revised
Penal Code which were originally defined and
penalized by special laws. Among them are
possession and use of opium, malversation,
brigandage, and libel.
dd. What is mala prohibita? the evidence. Mere proof of motive, no matter
how strong, is not sufficient to support a
While crimes mala prohibita are violations of
conviction if there is no reliable evidence from
mere rules of convenience designed to secure a
which it may be reasonably deduced that the
more orderly regulation of the affairs of society.
accused was the malefactor.
The term mala prohibita refers generally to acts
Disclosure of the motive is an aid in completing
made criminal by special laws.
the proof of the commission of the crime
There is a distinction between crimes which are
Lack of motive may be an aid in showing the
mala in se, or wrongful from their nature, such
innocence of the accused.
as theft, rape, homicide, etc., and those that are
mala prohibita, or wrong merely because
prohibited by statute, such as illegal possession
of firearms.

ee. Distinguish motive from intent

Intent means conscious objective or purpose.

Thus, a person commits a criminal act with
intent when that person's conscious objective
or purpose is to engage in the act which the law
forbids or to bring about an unlawful result.
Motive, on the other hand, is the reason why a
person chooses to engage in criminal conduct.

ff. When is motive relevant?

MOTIVE; RELEVANT WHEN ACCUSED HAS NOT

BEEN POSITIVELY IDENTIFIED. — Lack of motive
does not preclude conviction when the crime
and the participation of the accused therein are
definitely established. Motive becomes relevant
and its absence may assume determinative
significance when the accused has not been
positively identified, and proof thereof becomes
essential only when evidence of the commission
of the crime is purely circumstantial or is
inconclusive.

gg. How is motive proven?

Motive is established by the testimony of
witnesses on the acts or statements of the
accused before or immediately after the
commission of the offense. Motive is proved by