CRIMINAL LAW
the accused.
 Branch of law or division which defines
crimes, treats of their nature and
provides for their punishment
PENAL LAWS
 Acts of the legislative which prohibit
certain acts and establish penalties for
their violation; Those that define
crimes, treats of their nature and
provide for their punishment
POWER TO ENACT PENAL LAWS
 Only the legislative branch of the govt.
can enact penal laws
 The president may define and punish
an act as a crime, such exercise of
power IS NOT EXECUTIVE but
LEGISLATIVE as he derives such
power from the law making body. It is
in essence, an exercise of legislative
power by the Chief Executive.
CRIME
 An act committed or omitted in violation
of a public law forbidding or
commanding it; Wrongdoing punished
either in RPC or under a special law.
LIMITATIONS ON THE POWER OF CONGRESS TO
ENACT PENAL LAWS
 Must be in general application – must
apply to all who reside in the Philippine
territory.
 Must not partake of the nature of an ex
post facto law or bill of attainder. –
must be prospective in application
 Must not impose cruel and unusual
punishment or excessive fines.
EX POST FACTO LAW
 A law that seeks to punish an act
which, when committed was not yet a
crime or was not as heavily punished.
 GENERAL RULE: All criminal laws are
applied prospectively.
 EXCEPTION: If the law is favorable to
 Unconstitutional as stated in Section
22, Art. 3 BoR (Prohibits the passage
of retroactive laws which are pre-
judicial to the accused.)
TYPES OF EX POST FACTO LAWS
 M Makes criminal an act done before the
passage of the law and which was innocent when
done and punishes such an act.
 A Aggravates a crime, or makes it greater
than it was when committed.
 C Changes the punishment and inflicts a
greater punishment than the law annexed to the
crime when committed.
 A Alters the legal rules of evidence and
authorizes conviction upon less or different
testimony than the law required at the time of the
commission of the offense.
 E Every law which in relation to the
offense or its consequences, alters the situation
of a person to his disadvantage.
 A Assumes to regulate civil rights and
remedies only, in effect imposes penalty or
deprivation of a right for something which when
done was lawful.
 D Deprives a person accused of a crime
some lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal, or a proclamation of
amnesty.
BILL OF ATTAINDER:
 Legislative act which inflicts
punishment without trial. Its essence is
the substitution of a legislative act fot a
judicial determination of guilt.
 Unconstitutional according to Section
22, Art. 3 BoR
CHARACTERISTICS OF CRIMINAL LAW
 GENERAL
o Law is binding to all persons who live
or sojourn in the Philippine territory.
o Generality of criminal law means that
the criminal law of the country governs
all persons within the country
 regardless of their race, belief, sex or
creed. It is subject to certain exceptions
brought about by international
agreement.
o Ambassadors, chief of staffs and other
diplomatic officials are immune from
the application of penal laws when they
are in the country they were assigned.
o If this characteristic is not followed, it
would be a violation of the Equal
Protection Claude as declared in Sec.
1, Art. 3 BoR
o Consuls are not diplomatic officers.
Includes consul-general, vice- consul
or any consul in a foreign country, who
are NOT immune to the operation of
application of the penal law of the
country where they are assigned.
CONSULS ARE SUBJECT TO THE
PENAL LAWS OF THE COUNTRY
WHERE THEY ARE ASSIGNED.
o It has no reference to the territory.
Refers to persons that may be
governed by the penal law.
o GENERAL RULE: Jurisdiction of civil
courts is not affected by the military
character of the accused.
o Civil courts have concurrent jurisdiction
with general courts martial over
soldiers of the AFP.
o The RPC or other penal law is not
applicable when a military court takes
cognizance of the case.
o Offenders accused of war crimes are
triable by military commission.
EXCEPTIONS TO THE GENERAL APPLICATION OF
CRIMINAL LAW: (TL
 T Treaties or treaty stipulations: Ex.
RP-US Visiting Forces Accord. The Philippines
agreed that:
o US military authorities shall
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 personnel in RP.
o US authorities exercise
exclusive jurisdiction over US
personnel with respect to
offenses, including offenses
relating to the security of the
US punishable under the law
of the US, but not under the
laws of RP.
o US military authorities shall
have the primary right to
exercise jurisdiction over US
personnel subject to the
military law of the US in
relation to: (1) offenses solely
against the property or
security of the US or offenses
solely against the property of
person of US personnel; (2)
Offenses arising out of any
act or omission done in
performance of official duty.
 L Law of preferential application: Ex.
R.A. No. 75 may be considered a law of
preferential application in favor of diplomatic
representatives and their domestic servants.
 TERRITORIAL
o Criminal laws undertake to punish
crimes committed within Philippine
territory. Means that as a rule, penal
laws of the Philippines are enforceable
only within its territory.
 EXCEPTIONS TO THE TERRITORIAL
APPLICATION OF CRIMINAL LAW
o ART. 2: Should commit an offense
while on a Philippine ship or airship.
o Should forge or counterfeit any coin or
currency note of the Philippines or
obligations and securities issued by the
Government of the Philippines.
o Should be liable for acts connected
with the introduction into the
Philippines of the obligations and
securities mentioned in the preceding
number.
o While being a public officer or
employees should commit an offense
in the exercise of their functions.
o Should commit any of the crimes mile limit of a foreign state, "for those
against national security and the law of limits, though neutral to war, are not
nations, defines in Title I of Book 2 of neutral to crimes."
the RPC. o
o Territoriality means that the penal
laws of the country have force and
effect only within its territory. It cannot
penalize crimes committed outside the
same. This is subject to certain
exceptions brought about by
international agreements and practice.
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.
o Terrestrial jurisdiction is the
jurisdiction exercised over land.
o Fluvial jurisdiction is the jurisdiction
exercised over maritime and interior
waters.
o Aerial jurisdiction is the jurisdiction
exercised over the atmosphere.
o 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,
depth, width or dimension.
o What Determines Jurisdiction in a
Criminal Case?
Place where the crime was committed;
The nature of the crime committed; and
The person committing the crime.
o CASE: People vs. Lol-lo and Saraw,
GR No. L-17958, 27 February 1922
o HELD: Pirates are in law hostes
humani generis. Piracy is a crime not
against any particular state but against
all mankind. It may be punished in the
competent tribunal of any country
where the offender may be found or
into which he may be carried. The
jurisdiction of piracy, unlike all other
crimes, has no territorial limits. As it is
against all so may it be punished by all.
Nor does it matter that the crime was
committed within the jurisdictional 3-