REVIEW NOTES! IN CRIMINAL LAW 12014 ATENEO LAW REVIEW CENTER By: Judge Rowena Apao-Adlawan FUNDAMENTAL PRINCIPLES: Criminal Law - A branch of municipal Jaw which 1) defines crimes, 2) treats of their_nature_and_3) provides for thelr punishment Crime defined ~ it is an act committed or omitied in violation of a public law forbidding or commanding it. ): How is Criminal Law distinguished from Criminal Procedure? Ans: Criminal Law is substantive and defines crimes, treats of their nature and provides for their punishay viminal Procedure is remedial. 1 regulates the judicial steps for the ‘arrest, prosecution, trial and conviction Of violators of criminal law. Q: What are the sources of Philippine Criminal Law: Ans: aJRPC = Act No. amendments 3815 and its bySpecial Penal laws passed by our Congress €) Penal Presiden during Martial Law Decrees insued Q: What about SC decisions? Ans: No. They merely explain the meaning of, and apply the law as enacted by Congress * Notes token rom The Revised Pend! Code Book 1 by 18. Reyer: China tow Book | of Ihe Reviod Pant Code by Aboienda Eirae 2008 ston Poca LUtinate Gininat Law Study Gulde and Reviewer Ve. | 2007 Edhar, Notes and Cones by BeesS 2002 Elen: Criminal aw took 1 by Judge Ruperto Kapono. rcanie Cina Law Rowe oh ‘Nolan of Dean Higlegaraa F Ingo of fhe Supreme Cour PRINCIPLE: — NULLUM NULLA POENA SINE LEGE, ‘There is no crime when there is no law punishing the same. This is true to civil law countries, but not to common law countries, Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the sume ie not considered a crime. Common —Inw are wrongful acts the community/society condemns as contemptible, even though there is no Jaw declaring the act criminal, Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is ambiguous, it is null and void, In our jurisdiction, ne act constitutes a crime unless itis made #0 by law or by statute. Unless there be a particular provision in the RPC or ‘special penal law that punishes the act, even if it be socially or morally wrong, no criminal liability is incurred by its commission, Common law US and England which are the body of principles, usages and rules of action which do not rest for their authority any express or positive jon of the will of the legislature, ognized. CONCEPTS OF MALA IN SE AND MALA PROHIBITA Violations of the Revised Penal Code are referred to as malum in se, which Wierally means, thai the sct ts inherently evil or bad or per se wrongful, On the other — hand, violations of special laws are generally referred 19 ay malim. prohibitum, * Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita, Even if the ertme is punished under a special law, if the act punished is onewhich is inherently wrong, the sane is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa, Mata in se vs, Mata prohibit Mala in se 1:Those so serious in their effects on society as to call for almost unanimous condemnation of its members. 2. Criminal intent necessary, 9. Refers generally to felonies defined and penalized by the Revised Penal Code ‘Mala Prohibita 1. Those violations of mere rules of convenience designed to secure a more orderly regulation of the alfairs of society, 2. Criminal inten! is not necessary. 3. Refers generally to acts made criminal by special laws, Distinction between crimes punishes Penal Code and punished under special laws: |, As to moral trait of the offender In crimes punished under the Revised Penal Code, the moral trait of the offender is considered, This is why liability would only arise when there is dolo or culpa in the commission of the panishable act In crimes punished under special laws, the moral trait of the offender is not considered; it is enough that the prohibited act was voluntarily done. 2. As to use of good faith as defense In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid defense; unless the crime is the result of eulpa in crimes punished under special laws, good faith is not a defense 3. As to degree of accomplishment of the erie. In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken into account in punishing the offender; thus, there are attempted, frustrated, id consummated stages in the ‘commission of the crime, In crimes punished under special laws, the act gives rise to a crime only when it is consummated; there are no attempted or frustrated stages, unless the special law expressly penalizes the mere attempt or frustration of the 4. As to mitigating and aggravating circumstances. In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are taken into eccount in imposing the penalty since the moral trait of the offender is considered In crimes punished under special laws, mitigating and aggravating circumstances are not taken into account in imposing the penalty. 5. As to degree of participation, In crimes punished under the Revised Penal Code, when there ix more than one offender. the degtee of participation of each in the commission of the crime is taken into account in imposing the penalty, thus, the offenders are classified as principals, accomplices and accessories. In crimes punished under special laws, the degree of participation of the offenders is not considered. All wha perpetrated the prohibited act are penalized to the same extent. There is no principal or accomplice or accessory. to consider unless specifically provided in the law, Q: What is the test to determine if violation of spectal law is malum prohibitum or malum in se? Ans; Analyze the violation: Is it wrong because there ¥s a law prohibiting it orpunishing it as such? If you remove the law, will the aet still be wrong? If the wording of the law punishing the crime uses the word willfully”, then malice must be proven. Where malice is a factor, good faith is @ defense, In violation of special law, the act constituting the crime is @ prohibited act. Therefore culpa is not a basis of fiability, unless the special law Punishes an omission CONSTRUCTION OF PENAL LAWS O: What. te, the, general rule, with Porat lawee Construction Ans: Criminal laws are w be strictly construed against the Government and liberally construed in favor of the accused. (People ws. Yu Hai, 99 Phil 725) Penal statutes, substantive and remedial or procedural, are, by the consecrated rile, construed liberally in favor of the accused. (People vs Elkanish, 90 Phil. 53) Q@: Why are Criminal Laws strictly construed against the Goverament and liberally construed in favor of an accused? Ans: Because a man's right to liberty is Primordial and a penal law operates to the contrary by restraining such human liberty. ts the rule of strict construction of penal laws against the Government applied all the tme? When can the rule of strict construction be invoked? ‘Ans: Strict construction is invoked only when the criminal law in question is ambiguous. It cannot apply if the law is clear. ‘The rule that penal statutes should be strictly construed against the State may be invoked only where the law is ambiguous and there is doubt as to their interpretation. Where the law is clear and unambiguous, there is no room for the application of the mule. (People va. Gatchalian, 104 Phil. 664) CHARACTERISTICS OF CRIMINAL LAW: (G.7.P) 1, GENERAL ~ the law is binding to all [Persons who reside in the Philippines. Generatity of criminal law means that the criminal law of the country governs all persons within the country regardtiess of their race, belief, sex, or creed. It applies to every person within the territory of the Philippines. @ Would it matter if the person does not live or reside in the Philippines but is a mere transient? Ana: No, Q: Would it matter if the person Is a Soreigner? Ans: No, What are exceptions to the rule of “Generality” i the Philippines? ‘Ans: There are three (3) exceptions: oy calics_ot_treaty_stpulauons s1_Persons_covered_by_tucatics (1 sentence of Art. 2) ~ Bases Agreement, RP-US VPA, certain WHO officials b) laws _of ___preferential (1 sentence of Art. 2) Ex RA‘75-diplomatic representative ©} peincipies __of _, public ~ ex. Sovereigns and other chief of staic, ambassadors, ministers plenipotentiary. minister residents and charges d'affaires The key word in “generality” i person”. It refers to the word "wis", Exemptions are based and dependent =e . aes Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they arc assigned. * Note that consuls are not diplomatic officers. This includes consul-general, vice-consuil or any consul in a foreign