Criminal Law- is a branch of public substantive law which defines CRIMES, TREATS of their nature and provides for

their PUNISHMENT. Crime is the generic term used to refer to a wrongdoing punished either under the RPC or under the special law and act committed or omitted in violation of a public law abiding or commanding it. Distinguish felony from offense? FELONY is a crime punished under RPC while OFFENSE is a crime punished under the special law. SOURCES of criminal law A) THE revised Penal Code B) The Special Pnal Laws C) Penal presidential Decrees issued during Martial LAW Characteristics of Criminal LAW 1) GENERAL It is binding on all PERSONS who live or SOJOURN in the Philippine territory EXCEPTIONS: A) TREATY STIPULATIONS: Philippines AGREED a) US have the right to exercise within the philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the US over US personel inRP. b) US exercises exclusive jurisdiction over US personnel with regard to offenses relating to the security of the US punishable under the law of US but not under the laws of RP. c) US shall have primary right to exercise jurisdiction over US personel subject to the military law of the US in relation to: 1) Offenses solely against the property or security of the US or property or person of the US personnel 2) Offenses arising out of any act or mission done in performance of official duty. B) LAWS of preferential Application - Under RA75, persons who are exempt from arrest and imprisonment and whose and attachment are the following: 1) Ambassadors 2) Public ministers 3) Domestic servant of ambassadors and public ministers C) The principle of Public International Law 2) TERRITORIAL GENERAL RULE: Penal laws of the Philippines are enforceable only within its territory

EXTRATERRITORIAL CRIMES enforceable even outside Philippine territory against those who: a) Should commit an offense while on a Philippine ship or air ship. b) Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the government. c) Should introduce into the country the above mentioned obligations and securities. d) While being public officers or employess should commit an offense in the exercise of their functions 1) Direct bribery 2) Indirect bribery 3) Qualified bribery 4) Corruption 5) Fraud against public treasury and similar offenses 6) Malversation of public funds or property 7) Failure to render accounts 8) Failure to render accounts before leaving the country 9) Illegal use of public funds or property 10) Failure to make delivery of public funds property 11) Falsification e) Should commit any of the crimes against national security and the law of nation defined in Title One of Book Two. PROSPECTIVE General rule - penal laws cannot make an act punishable in a manner in which it was not punishable when commited. MAXIMs Nullum crimen nulla poena sine lege there is no crime when there is no law that defines and punishes it. EXCEPTION: it may applied retroactive when the new law is favorable to the accused. EQUAL PROTECTION LAW right of person equally situated to be treated alike EQUIPOSE RULE - when the prosecutor and defense the acuused until it is proven otherwise *** the accused does not have the STATE Exception to the exception the scale of the law should be tilted in favor of

a) The new law is expressly made inapplicable to pending actions or existing causes of action. b) Offender is an habitual criminal *** when the accused is convicted more than thrice of an offense of FRETSEL 1) 2) 3) 4) 5) 6) 7) Falsification Robbery Estafa Theft Serious physical injuries Less serious physical injuries

LIMITATION ON THE POWER OF CONGRESS TO ENACT PENAL LAWS 1) No ex post facto law and bill of attainder Ex post facto law a) When the law make an act /omission punishable as a crime which when committed was not yet so at a time it was committed b) Although it does not create new crime but provide a greater punishement 2) No person shall be held to answer for a criminal offense without DUE PROCESS OF LAW Criminal law must be of general application and must clearly define the act and omissions punished as crime. 3) It should not impose cruel and unusual punishment nor should it impose excessive fines 4) BILL OF ATTAINDER A legislative act the inflicts punishement without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt. ***WARSHIP RULE - a warship of another country even though docked in the Philippines is considered as an extention of the territory of their respective country SAME rule applies to embassies.

WHAT is Philippine SHIP - is considered as an extention of the territory of the Philippines. - The ship or airship must be registered in the Philippines. What are the three cardinal features or main CHARACTERISTIC of CRIMINAL LAW? Give the exception there to. The Three cardinal principles or characteristics of criminal law are:

a) GENERALITY Criminal law apply to all persons who commit crimes in the Philippines territory, regardless to their nationality, gender, age or other personal circumstances. EXCEPTION to this are the treaty Stipulations, law of preferential application and principles of public international b) TERRITORIALITY - Criminal laws apply to all offenses committed within Philippine territory EXCEPTION to this rule are those found in ART 2 of the RPC which provides for extraterritorial jurisdiction of our courts. c) PROSPECTIVITY Penal laws cannot make an act punishable in a manner in which it was not punishable when committed. EXCEPTION to this rule is whenever a new statute dealing with a crime establishes conditions more lenient or favorable to the accused, it can be given retroactive effect however this exception has no application 1) Where the new law is expressly made inapplicable to pending actions or existing causes of action 2) Where the offender is a habitual criminal under Art. 62 RPC. THEORIES IN CRIMINAL LAW CLASSICAL 1) Basis of criminal liability --- human free will 2) Purpose of the penalty --- retribution, fotr the right of the state and or the private offended party must be observed 3) Imposable penalty --- predetermined penalty for every crime the gravity of which is directly proportionate to the crime committed(an eye for an eye..a tooth for a tooth) 4) Emphasis of the law --- on the offense. *** the basis of criminal liability is human free will.. A man is essentially a moral creature with an absolutely free will to choose between good and evil.. When he commits a felonious or criminal act, the act is presumed to have been done voluntarily..with freedom..intelligent and intent. POSITIVIST 1) Basis of criminal liability--- the consideration the man is inherently good but because of his environment and upbringing he becomes socially sick. 2) Purpose of the penalty --- corrective or curative to reform the offender 3) Determination of penalty --- on an individual basis after considering his circumstances 4) Emphasis --- on the actor MIXEDl ECLECTIC Combines the good features of both the classical and the positivist theories..Ideally the classical