General Principles

Crime- refers to any act committed or omitted in violation

of a public law or compelling law.

Limitations to the Power of Congress to enact

Penal Laws

1. Penal law must be general in application otherwise it

would be violative of the Equal Protection Clause. It must

be applied equally to all.

2. Must not partake the nature of an ex post facto law. It is

a law which makes an act criminal although at the time it

was committed it is not yet so.

3. Must not partake the nature of Bill of Attainder. It is a

law which punishes the accused without the benefit of due

process without giving him the opportunity to be heard

and to present his side.

4. Must not impose cruel, unusual punishment and

excessive penalties.

BAR 2015 Distinguish Ex-post facto law from Bill of

Attainder

Exceptions to the GENERALITY characteristic

1. Generally accepted principles of PIL

Example:

Q: A is an Italian Diplomat/Ambassador. From

his hotel xxxxx (sorry malabo talaga po). Since his

bodyguards were not yet ready, he decided to drive his car

by himself. He drove the car however, he hit a pedestrian.

The latter died. Can A be prosecuted for reckless

imprudence resulting in homicide?

A: The said Italian Ambassador cannot be

prosecuted. He enjoys Diplomatic Immunity from Suit.

Hence, he cannot be arrested, prosecuted and punished.

Q: If the Italian Ambassador arrived at the NAIA

Terminal 1. He has two (2) attaché cases. The snipping

dogs were trained to snip dangerous drugs and the dogs

were following him, which means he has in possession of

dangerous drugs. So the NAIA personnel confiscated the

cases, and when they opened it, it contains drugs in the

amount of more or less three-hundred million pesos. Can

he be prosecuted for illegal possession/importation of

dangerous drugs?

A: Yes. Diplomatic Immunity from Suit is not

absolute, it is subject to the exception that the act must be

done in the performance of his function. Because the

carrying of dangerous drug is not in any way connected in

the performance of his functions.

2. Laws of Preferential Application

Example: Section 11 of Art. VI of the 1987 Phil.

Constitution

Senator X delivered a privilege speech in Senate.

Sen. X called Sen. Y a womanizer, a smuggler. These are

slanderous remarks to Sen. Y. But Sen. Y cannot file a case

of Slander or Libel against Sen. X because these

slanderous remarks were made in the halls of congress

while the congress is in regular or special session. Hence,

he cannot be prosecuted.

Example under Prospectivity Characteristic

X was arrested for Vagrancy under Art. 202 of

RPC in March 2013. In July 2013, a new law enacted by

Congress decriminalizing vagrancy which amended Art

202. This new law will apply in favor of X because this new

law is favorable to him and X is not a habitual criminal.

The Anti-Subversion Law had long been repealed.

Congress recently revived this law and makes it criminal

for being a member of the CCP-NPA. Upon the passage of

this new law, the police officers immediately went to the

house of X, a known member of CCP during his younger

years and he was arrested. He challenged this new law,

what are his grounds?

A: First, his argument is that this new law is in

violative of the prospectivity characteristic of penal law.

This is violative because penal law cannot be given

retroactive application except that if the law expressly

provides and it is favorable to him. Hence, it cannot be

given retroactive application. Second, he can invoke the

provision in the constitution against ex post facto law. It is

an ex-post facto law because at the time that he was a

member of CCP, there was no law punishing subversion.

Therefore, he cannot be prosecuted under this new law.

Another exception to the prospectivity principle is when

the Special Penal Law expressly provides for its

retroactivity. An example of which is section 68 of R.A.

9344 (Juvenile Justice and Welfare Act of 2006) the law

expressly provides that it will apply to all persons that

have been convicted and already serving sentence

provided that they are minors at the time of promulgation.

Theories/rules concerning criminal law