CRIMINAL LAW

Definitions:
Crime - an act committed or omitted in violation of public law forbidding or commanding it
Criminal Law - branch or division of law which defines crimes, treats of their nature, and
provides punishment
Reclusion perpetua - must serve a jail term of at least 30 years and face additional
penalties.
Recognizance - a legal promise made by someone before a court of law that must be kept
to avoid being punished
Arraignment - to state charges of the accused before a judge
Double jeopardy - the prosecution of a person twice for the same offense
Repeal - removal or reversal of a law

Common law crimes are not recognized in this country unless provided or
mentioned in the penal code or any special penal law.
Limitations on the power of the lawmaking body to enact penal legislation:
1. No ex post facto law or bill of attainder
2. No person shall be held to answer for a criminal offense without due process of
law
Ex post facto law - makes criminal an act done before the passage of a law;
makes the crime greater than it was; makes the punishment more severe; alter
rules of evidence and authorizes conviction; imposes penalty or deprivation of a
right which when done was lawful; and deprives the accused lawful protection
Note: Congress is prohibited from passing an act which would inflict punishment without judicial trial

Bill of Attainder - inflicts punishment without trial

To give a law retroactive application to the prejudice of the accused is to
make it an ex post facto law
Criminal law must be of general application and must clearly define the acts and
omissions of punished crimes.
Constitutional Rights of the Accused
Presumed innocent unless proven
otherwise
Shall not be held to answer for a criminal
offence
Should be bailable except those
punished by reclusion perpetua
Exempted from being compelled to be a
witness against himself
Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
inflicted

Statutory Rights of the Accused

Presumed innocent unless proven
otherwise
To be informed of the accusation
To be present and defend in person
Exempted from being compelled to be a
witness against himself
To confront and cross-examine the
witness against him

Free access to courts, and adequate

legal assistance
No person shall have double jeopardy
-

To have compulsory process

To have a speeds, impartial, and public
trial
To appeal in all cases allowed

Rights which may be waved are personal, while Rights which may not be
waived involve public interest.

Characteristics of Criminal Law

1. GENERAL - binding on all persons who live or sojourn in Philippine Territory
Jurisdiction of civil courts in not affected by military character of the accused
(see page 7 of the RPC)
Civil courts have concurrent jurisdiction with general courts-martial over
soldiers of the AFP
The RPC or other penal law is not applicable when a military court takes
cognizance of the case
Jurisdiction of military courts
i.

Service-connected crimes or offenses

The prosecution of an accused before a court-martial is bar to another

prosecution for the same offence

Offenders of War Crimes are triable by military commission

Exceptions to the general application of Criminal Law

I.

Double jeopardy

i. Treaties or Treaty Stipulations

ii. Law of Preferential Application

protection

RA 75 - favor of diplomatic representatives and their domestic servants.

Not applicable when foreign country does not provide similar
to our diplomatic representatives

Persons exempt from the operation of our criminal law by virtue of principals
of public international laws:
a. Sovereigns and other chiefs of state
b. Ambassadors, ministers plenipotentiary, ministers resident, and charges
d'affaires

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

minister

2. TERRITORY - crimes committed within Philippine territory

Exceptions to the territorial application of Criminal Law:
1. Commit an offense while on a Philippine ship or airship
2. Forge or counterfeit any coin or currency note
3. Liable for acts connected with the introduction of obligations and
securities mentioned in the preceding number into the Philippines
4. Being a public officer, commit an offense in the exercise of their
function
5. Commit any crimes against national security and the law of nations

3. PROSPECTIVE - crimes are punished under the laws in force at the time of their
commission
Exceptions to the prospective application of criminal law
i.

A new statute dealing with crimes establishes conditions more lenient or

favorable to the accused, it can be given retroactive effect

Different Effects of repeal on penal law:

a. penalty lighter in new law, new law shall be applied
b. heavier penalty in new law, old law shall be applied
c. new law repeals act which was penalized in the old law, crime is obliterated

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

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