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Must not partake of the nature of a bill of attainder. 4. Must not impose cruel and unusual punishment or excessive fines. It is substantive because it defines the stateâ s right to inflict punishment and the liability of the offenders. 2. Generality 2. It is that branch of public substantive law which defines offenses and prescribes their penalties. . treats of their nature and provides for their punishment. Limitations on the power of Congress to enact penal laws 1. Territoriality 3. Characteristics of Criminal Law 1. Must not partake of the nature of anex post factol a w. It is public law because it deals with the relation of the individual with the state. Must be general in application. 3.> Quantcast R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW CRIMINAL LAW Criminal law is that branch of municipal law which defines crimes.9%2FCriminal-Law-UPRevised-Ortega-Lecture-Notes-I&message=> <mailto:> Link / URL: Embed Size & Settings: * Width: Auto * Height: (proportional to specified width) * Start on page: * Preview View: More share options Add to Collections Auto-hide: on <#> <javascript:void(0).

Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. This includes consul-general.Prospectivity. Note that consuls are not diplomatic officers. depth. width or dimension. it does not include territory. belief. because the Philippines adopted the1 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON . who are therefore. This is subject to certain exceptions brought about by international agreements and practice. Whenever you are asked to explain this. Terrestrial jurisdiction is the jurisdiction exercised over land. or creed. It refers to persons that may be governed by the penal law. not immune to the operation or application of the penal law of the country where they are assigned. chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. vice-consul or any consul in a foreign country. TERRITORIALITY Territoriality means that the penal laws of the country have force and effect only within its territory. It has no reference to territory. Consuls are subject to the penal laws of the country where they are assigned. Ambassadors. However. sex. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. Aerial jurisdiction is the jurisdiction exercised over the atmosphere. it is subject to certain exceptions brought about by international agreement. GENERALITY Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race. On the fluvial jurisdiction there is presently a departure from the accepted International Law Rule. The Archipelagic Rule All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth. It cannot penalize crimes committed outside the same.

Three international law theories on aerial jurisdiction (1) The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state. (3) Absolute Theory â The subjacent state has complete jurisdiction over the atmosphere above it subject only to innocent passage by aircraft of foreign country. all these waters. (2) Relative Theory â The subjacent state exercises jurisdiction over its atmosphere only to the extent that it can effectively exercise control thereof. under the International Law Rule. the crime will be prosecuted before Philippine courts. Under this theory. all waters in the archipelago regardless of breadth width. then its criminal law will govern. So if a foreign merchant vessel is in the center lane and a crime was committed. Under this Rule. The Relative Theory Under this theory. In the International Law Rule. if a crime is committed on board a foreign aircraft at the atmosphere of a country. of the Constitution. if a crime was committed on an aircraft which is already beyond the control of the subjacent state. the center lane in excess of the 3 miles on both sides is considered international waters. what law will apply? The law of the country where that vessel is registered will apply. the criminal law of that state will not govern anymore. Question & Answer If a foreign merchant vessel is in the center lane and a crime was committed there. regardless of their dimension or width are part of Philippine territory. or dimension are part of our national territory. when a strait within a country has a width of more than 6 miles.ONC CRIMINAL RIMINALL LAW AW Archipelagic Rule. except for the protection of its national security and public order. . there is no more center lane. Under the Archipelagic Rule as declared in Article 1. because the crime is deemed to have been committed in the high seas. the law of that country does not govern unless the crime affects the national security. But if the crime is committed in an aircraft within the atmosphere over a subjacent state which exercises control.

Under this theory. In some textbooks. Circular No. What is contemplated by the exception is that there is an original law and there is a repealing law repealing the original law. whether pre-existing or not. If there is only one penal law. dated December 15. an exemption is said to exist when the penal law is favorable to the offender. PROSPECTIVITY This is also called irretrospectivity. CA. it was held that the principle of prospectivity of statutes also applies to administrative rulings and circulars. Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. 1993. the drawer is not criminally liable for either estafa or violation . no matter how high. that exception can never operate. 4 of the Ministry of Justice. provided that the offender is not a habitual delinquent and there is no provision in the law against its retroactive application. if the repealing penal law is more favorable to the offender who violated the original law. Rule of prospectivity also applies to administrative rulings and circulars In Co v. provides that â where the check is issued as part of an arrangement to guarantee or secure the payment of an obligation. in which case it would have retroactive application. this act or omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate only prospectively. as long as it can establish that it is within the Philippine atmosphere. It is the repealing law that may be given retroactive application to those who violated the original law. it can never be given retroactive effect. if the crime is committed in an aircraft. Vice-versa. This is the theory adopted by the Philippines. decided on October 28. 2 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW The exception where a penal law may be given retroactive application is true only with a repealing law. In this case. If it is an original penal law. 1981. Philippine criminal law will govern.

qualify your answer by saying whether the repeal is absolute or total or whether the repeal is partial or relative only. the same shall be dismissed. -. is no longer a valid defense for the prosecution of BP22. it was ruled in Que v.As to the effect of repeal of penal law to the liability of offender. But if there is no reservation. it is whether it is absolutely or totally repealed. Effect of repeal of penal law to liability of offender In some commentaries. the accused shall be acquitted.â Subsequently. if the convict is not a habitual delinquent. even though the accused may be a habitual delinquent. This means that the repeal merely modified the conditions affecting the crime under the repealed law. or partial or relative repeal. such that the claim that the check was issued as a guarantee or part of an arrangement to secure an obligation or to facilitate collection.of BP22. (2) If a case is already decided and the accused is already serving sentence by final judgment. the act or omission which used to be a crime is no longer a crime. which decriminalized subversion. This is so because all persons accused of a crime are presumed innocent until they are convicted by final judgment. or relatively or partially repealed. Because of the repeal. those who are3 . 12. But consistent with the principle of prospectivity. Hence. issued on August 8. People that a check issued merely to guarantee the performance of an obligation is. the administrative interpretation of was reversed in Circular No. the following rule: Consequences if repeal of penal law is total or absolute (1) If a case is pending in court involving the violation of the repealed law. the new doctrine should not apply to parties who had relied on the old doctrine and acted on the faith thereof. covered by BP 22. A repeal is partial or relative when the crime punished under the repealed law continues to be a crime inspite of the repeal. An example is Republic Act No. there are references as to whether the repeal is express or implied. Total or absolute. A repeal is absolute or total when the crime punished under the repealed law has been decriminalized by the repeal. No retrospective effect. Hence. 1984. The modification may be prejudicial or beneficial to the offender. then he will be entitled to a release unless there is a reservation clause in the penal law that it will not apply to those serving sentence at the time of the repeal. What affects the criminal liability of an offender is not whether a penal law is expressly or impliedly repealed. nevertheless. Therefore. 7363.

B. Consequences if repeal of penal law is partial or relative (1) If a case is pending in court involving the violation of the repealed law. This is so because prisoners are accountabilities of the government. on the other hand. he will continue serving the sentence in spite of the fact that the law under which he was convicted has already been absolutely repealed. . is concerned. This does not mean that if they are not released. they commit the crime of evasion of sentence. A got out of jail and went home. the crime committed is evasion of sentence. If they escape. learns that he is already overstaying in jail because his jail guard. Question & Answer A. and the repealing law is more favorable to the accused. it shall be the one applied to him. a petition for habeas corpus should be filed to test the legality of their continued confinement in jail. and B told him that he can go. Was there any crime committed? As far as A. they are free to escape. This is so because penal laws should be given retroactive application to favor only those who are not habitual delinquents.R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW not habitual delinquents even if they are already serving their sentence will receive the benefit of the repealing law. the crime committed is infidelity in the custody of prisoners. even if there is no more legal basis to hold them in the penitentiary. If the convict. is concerned. the jail guard who allowed A to go. They are entitled to release. or that the law under which they are sentenced has been declared null and void. the prisoner who is serving sentence. is a habitual delinquent. they are not supposed to step out simply because their sentence has already been. If they are not discharged from confinement. a prisoner. As far as B. who happens to be a law student advised him that there is no more legal ground for his continued imprisonment.

Those who are not habitual delinquents will benefit on the effect of that repeal. 4 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW Express or implied repeal. under the original law. even if the offender is already convicted and serving sentence. Express repeal takes place when a subsequent law contains a provision that such law repeals an earlier enactment. one of the two laws must give way. such that the two laws cannot stand together. there is an express provision of repeal of Title V of the Revised Penal Code. a law which is beneficial shall be applied to him unless he is a habitual delinquent in accordance with Rule 5 of Article 62. It is the earlier that will give way to the later law because the later law expresses the recent legislative sentiment. the repealing law will be the one to apply unless there is a saving clause in the repealing law that it shall not apply to pending causes of action. An implied repeal will take place when there is a law on a particular subject matter and a subsequent law is passed also on the same subject matter but is inconsistent with the first law. Under the repealing law. Those convicted under the original law will be subjected to the four-year penalty. it will be the repealing law that will henceforth apply to them. the penalty is six years. For example. When the earlier law does not expressly provide that it is repealing an earlier . (2) If a case is already decided and the accused is already serving sentence by final judgment. So you can have an implied repeal when there are two inconsistent laws. in Republic Act No. Implied repeals are not favored. It requires a competent court to declare an implied repeal. 6425 (The Dangerous Drugs Act of 1972). For example. Under Article 22. if the case is still pending in court. even if the repealing law is partial or relative. it is four years. the crime still remains to be a crime. so that if the repeal is more lenient to them. This retroactive application will not be possible if there is a saving clause that provides that it should not be given retroactive effect.â Express or implied repeal refers to the manner the repeal is done.So whether he is a habitual delinquent or not.

00 will be considered correctional and it will prescribe within 10 years. therefore. But if the issue involves prescription of the penalty. the fine of P200. An example is the Rent Control Law which is revived by Congress every two years. what has taken place here is implied repeal. When there is a repeal. implies a condonation of the punishment. On the other hand. 5 R REVISED EVISEDO ORTEGA RTEGAL LECTURE . This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused and consistent with presumption of innocence of the accused.000. Clearly. For example. under Article 9. and.00 but is not less than P 200.00.law. under Article 26. These two articles appear to be inconsistent. the Supreme Court ruled that if the issue involves the prescription of the crime. therefore. light felonies are those infractions of the law for the commission of which a penalty of arresto mayor or a fine not exceeding P200. This is peculiar only to criminal law. If the two laws can be reconciled. Consequences if repeal of penal law is express or implied (1) If a penal law is impliedly repealed. prescribes within two months. the repeal of the repealing law will not revive the first law.00 or both is provided. (2) If the repeal is express. the subsequent repeal of the repealing law will revive the original law. So to harmonize them. is considered a correctional penalty. that felony will be considered a light felony and. These effects of repeal do not apply to self. Such legislative intention does not exist in a self. the repealing law expresses the legislative intention to do away with such law. a fine whether imposed as a single or an alternative penalty. if it exceeds P6.terminating law because there was no repeal at all. So the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes although during the implied repeal they may not be punishable. BASIC MAXIMS IN CRIMINAL LAW Doctrine of Pro Reo Whenever a penal law is to be construed or applied and the law admits of two interpretations â one lenient to the offender and one strict to the offender â that interpretation which is lenient or favorable to the offender will be adopted. so the act or omission will no longer be penalized. the court avoided the collision between the two articles.repealing laws or those which have automatic termination. the court shall always try to avoid an implied repeal.

there is no common law crime in the Philippines. Consistent with this theory. since it is more favorable for the accused to interpret the law. Utilitarian Theory or Protective Theory The primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers.ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW Question & Answer One boy was accused of parricide and was found guilty. Assuming you were the judge. would you give the accused the benefit of the Indeterminate Sentence Law (ISLAW)? The ISLAW does not apply when the penalty imposed is life imprisonment of death. since criminal law is directed against acts and omissions which the society does not approve. No matter how wrongful. therefore. If the law punishing an act is ambiguous. if there is no law defining the act. Not any law punishing an act or omission may be valid as a criminal law. the mala prohibita principle which . Nullum crimen. Actus non facit reum. nisi mens sit rea The act cannot be criminal where the mind is not criminal. then you go against the Doctrine of Pro Reo because you can interpret the ISLAW in a more lenient manner. the same is not considered a crime. This maxim is not an absolute one because it is not applied to culpable felonies. This is true to civil law countries. we interpret the ISLAW to mean that the penalty imposable and not the penalty prescribed by law. Taking into account the doctrine. or those that result from negligence. but not a felony resulting from culpa. should direct the punishment to potential or actual wrongdoers. even though there is no law declaring the act criminal. it is null and void. The courts. in exacting retribution for the wronged society. taking into consideration the mitigating circumstance of minority? If you will answer "no". Because of this maxim. nulla poena sine lege There is no crime when there is no law punishing the same. This is punished by reclusion perpetua to death. evil or bad the act is. Common law crimes are wrongful acts which the community/society condemns as contemptible. This is true to a felony characterized by dolo. Would you consider the penalty imposable or the penalty imposed. but not to common law countries.

DEVELOPMENT OF CRIMINAL LAW IN THE PHILIPPINES Code of Kalantiao If you will be asked about the development of criminal law in the Philippines. should not be utilized to apply the full harshness of the special law. such as gods. 1992. the Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of 1870. 22 when he acted without malice. This was made effective in the Philippines in July 14. In Magno v CA. The Code of Kalantiao has certain penal 6 R REVISED EVISEDO ORTEGA RTEGAL LECTURE ECTUREN NOTES OTESON ONC CRIMINAL RIMINALL LAW AW provisions. are penalized. The Filipinos have their own set of penology also. But that correctional code was never enacted into law. a committee was organized headed by then Anacleto Diaz. Under this code. do not start with the Revised Penal Code. Even offending religious things. The wrongdoer is not Magno but the lessor who deposited the checks. if a man would have a relation with a married woman. she is penalized. Who is Rafael Del Pan? He drafted a correctional code which was after the Spanish Codigo Penal was extended to the Philippines. He should have returned the checks to Magno when he pulled out the equipment. The present Revised Penal Code When a committee to draft the Revised Penal Code was formed. many provisions of the Revised Penal Code were no longer from the Spanish Penal Code. decided on June 26.punishes an offense regardless of malice or criminal intent. there were penal provisions. Instead. This committee was the one who drafted the present Revised Penal Code. 1876. one of the reference that they took hold of was the correctional code of Del Pan. Spanish Codigo Penal When the Spanish Colonizers came. the Supreme Court acquitted Magno of violation of Batas Pambansa Blg. Adultery is a crime during those days. To convict the accused would defeat the noble objective of the law and the law would be tainted with materialism and opportunism. Under the Code of Kalantiao. In fact. they were lifted from the correctional code of .

Code of Crimes by Guevarra During the time of President Manuel Roxas.Del Pan. there were only a handful who understood Spanish. Among those who participated in drafting the Code of Crimes was Judge Guellermo Guevarra.scribd. The Congress was planning to revive it so that it can be enacted into law. Proposed Penal Code of the Philippines Through Assemblyman Estelito Mendoza. 2. So it was him who formulated or paraphrased this provision making it simpler and more understandable to Filipinos because at that time. traditions.com/explore/Research> > Law <http://www.scribd. Because the code of crimes prepared by Guevarra was more of a moral code than a penal code. There were seven members of the code committee. the code committee drafted the so-called Code of Crimes. there are many Presidential Decrees issued aside from the special laws passed by the Philippine Legislature Commission. the UP Law Center formed a committee which drafted the Penal Code of the Philippines. there were several oppositions against the code. traits as well as beliefs of the Filipinos. one of them was Professor Ortega. It was never enacted into law. All these special laws. are part of our Penal Code. 2 and this has been discussed in the floor of the Batasang Pambansa. It would have been enacted into law it not for the dissolution of the Batasang Pambansa dissolved. he enacted his own code of crimes.com/explore/Research/Law> . This too. a code commission was tasked to draft a penal code that will be more in keeping with the custom. Since that Code of Crimes was never enacted as law. Cabinet Bill No. This is a different one. which are penal in character. During that time. This Penal Code of the Philippines was substituted as Cabinet Bill no. But it was the Code of Crimes that that was presented in the Batasan as Cabinet Bill no. So the Code of Crimes now in Congress was not the Code of Crimes during the time of President Roxas. Special Laws During Martial Law. 2 is the Penal Code of the Philippines drafted by a code committee chosen by the UP Law Center. 7 Criminal Law UPRevised Ortega Lecture Notes I Reads: 725 Uploaded: 03/06/2010 Category: Research <http://www. slept in Congress.

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