PRINCIPLES OF CRIMINAL LAW

GENERAL PRINCIPLES

1. Mala in se and Mala Prohibita

Mala In se are inherently wrong or immoral, good faith or lack of criminal intent
is a defense, Modifying circumstances can be appreciated and it is punishable under the
revised penal code.

Mala Prohibita are not inherently wrong, they are only wrong because they are
prohibited by law. Good faith is not a defense, modifying circumstances will not be
appreciated, unless the special law that punishes them adopts the technical
nomenclature of the penalties in RPC. It is punishable under the Special Laws.
2. SCOPE AND CHARACTERISTICS
a. Generality
Penal laws shall be obligatory upon all who live or sojourn in the
Philippine Territory.
- Foreigner – the foreign characteristic of an offender does not
exclude him from operation of penal laws.
An alien is not immune from criminal prosecution for
violation of the Trademark Law committed in the
Philippines. Trademark Law is obligatory to a foreigner,
who is living or sojourning in the Philippines.
- Military Offender - Penal laws are obligatory to military men
residing or
Sojourning in the Philippines.
- The accused invokes immunity because of the unique
characteristics of his person.
EXCEPTIONS:
A. Principles of International Law – Not obligatory to persons entitled to
criminal immunity because of the principles of international law.
Consular officers are immune from criminal prosecution of acts
performed in the exercise of its functions.
B. Laws of preferential application – Example: Bigamy is not obligatory
to Muslims married in accordance with Muslim Laws. (not on the
basis of his religious belief as a Muslim.
 C. Case Law -Presidential immunity recognized by case law. Subject to
the following conditions:
a. The immunity has been asserted.
b. During the period of his incumbency and tenure
c. The act constituting the crime is committed in the
performance of his duties.
b. TERRITORIALITY PRINCIPLE
The provisions of RPC shall be enforced within the Philippine
Territory.
a. Embassy – A person committed a crime within the
premises of an embassy will be prosecuted under the law
of the Philippines because of the principle of territoriality.
However, jurisdiction of the Philippines over the embassy
is limited or restricted by the “principles of inviolability of
diplomatic premises,” which is a generally accepted
principle of International law. A warrant of arrest cannot
be served inside US embassy without waiver from US
government of its right under the principle of inviolability.
b. Territorial water – refer to all waters seaward to a line 12
nautical miles distant from archipelagic baseline over
which the Philippines exercises jurisdiction.
i. Fag State Principle – crimes commited aboard a
foreighn merchant vessel within the territorial
water of Philippines are subject to the jurisdiction
of the flag state unless their commission affects the
peace and security of our country.
ii. English Rule
iii. Convention of the law of the sea – The flag state of
foreign merchant vessel passing through territorial
sea has jurisdiction over crimes committed therein.
However, The Philippines may exercise its
jurisdiction : a. if the consequences of the crime
extends to the Philippines, b. If the crime is of a
kind to disturb the peace of the Philippines or the
good order of the territorial sea c. if the assistance
of the local authorities has been requested by the
falg ship d. if such measures are necessary for the
suppression of illicit traffic in
c. Spratly Island and regime of Islands
 d. Foreign Country – Under the Principle of territoriality, the
Philippines has jurisdiction over crimes committed inside
its territory except as provided in the treaties and laws of
preferential application.
Extraterritoriality: Under this principle, the Philippines has jurisdiction over
crimes committed outside its territory .
a. Commit offense while in the Philippine ship or airship ( flagstate Rule)
where the ship is registered.
b. Forging our counterfeiting of any coin or currency note of the
Philippines or obligations and securities issued by Philppine
government.
c. Acts connected with introduction of Paragraph 1 & 2.
d. Public officer or employee should commit an offense in the exercise
of their functions.
e. Crimes against national security and the law of nations. (Rebellion)

c. PROSPECTIVITY
- Criminal law merely punishes crimes committed on or after its
effectivity.
- The prospective character of criminal laws presupposes that they
are not favorable to the accused. If a criminal law is favorable to
the accused, it must be give a retroactive effect.
3. PRO REO PRINCIPLE
In dubio pro preo -when in doubt, for the accused. The rule applies when the
court is faced with two possible interpretations of a penal statute – one is
prejudicial to the accused and another that is favorable to him. The rule calls for
the adoption of an interpretation which is more lenient to the accused.

4. INTERPRETATION OF PENAL LAWS

BILL OF Attainder is a legislation that inflicts punishmenton an
individual without a judicial trial. In passing a bill of attainder, legislature in
effect exercises judicial power in disregard of the doctrine of separation of
power.
 EX POST FACTO LAW – a law which retroactively affect that right
or condition of an accused which committed a crime prior to its effectivity.

5. Retroactive effect of penal laws. – As a general rule, penal laws shall have prospective
application, lest they acquire the character of an ex post facto law.
However, there are exemptions in which Law shall /be given retroactive effect:
a. Favorable law and non-habitual delinquency
b. Decriminalization (example “decriminalizing vagrancy)
c. Express Provision (Congress passing a law with a provision
on retroactivity)
B. FELONIES
1. Criminal Liabilities
a. Classification of felonies –
Article 9 RPC
GRAVE FELONIES – are those which the law attaches the capital punishment or
penalties which in any of their periods are afflictive.
LESS GRAVE FELONIES – are those which the law punishes with penalties which
are in their maximum period are correctional, in accordance with the above-mentioned article.
LIGHT FELONIES – those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200.00.

b. Aberratio ictus, error in personae, and praeer intentionem

ABERRATIO ICTUS – means mistake of blow. A person criminally responsible for
committing an intentional felony although the actual victim is different from the
intended victim due to mistake of blow.
Non felonious act – If the act, which cause injuries or death of a third person by
reason of mistake of blow, is not an intentional felony, Article 4 on aberration ictus
shall not apply.
Such as committing an act of self defense, exercise of right to defend
possession or property or death under exceptional circumstances is not an
intentional felony.
In committing such non-felonious act, the perpetrator is not liable for the
injuries or death of the third persons, who was hit by reason of mistake of blow.
ERROR IN PERSONAE- means mistake of identity. In error in personae, a person is criminally
responsible for committing an intentional felony although the actual victim is different from the
intended victim due to mistake of identity. It carries the same gravitiy as when the accused
zeroes in on his intented victim
Believing B to be A, he fired upon and killed B whom he had no intention of hurting. X
shall incur criminal liability for killing B because of the error in personae principle.

PRAETER INTENTIONEM – means unintentional, a person shall incur criminal liability for
committing an intentional felony although its wrongful consequence is grave than that
intended.
HELP HELP – threat to spank is a Reasonable and necessary means to repel invasion of
his property; hence he is not responsible for any DIRECT, NATURAL AND LOGICAL
CONSEQUENCES thereof.
“Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the
enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his
property. “

“Art 4. Criminal liability is incurred by any person committing afelony although the
wrongful act done be different from with that which he intended.
By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of inadequate or ineffectual means.

c. Impossible Crimes
1. Offender