Criminal Law, defined.

- Branch of public law

A. Public law governs with the relation of individuals and the state or the government.
B. Private law deals with the relations between private individuals among themselves.
*Reasons why, where there is a violation of law or where there is act or omission punishable
by law, the offended party as the criminal procedure is the people of the Philippines. That is
because, whenever the crime is committed , it is the public order that is disturbed. The victim
is reduce to actual offended party to the private offended party. Where the actual offended
party is the state.
-Defines crimes and treats of their nature
*When crimes are defined it has to be by law. It has to be in writing.
-All our crimes are codified.
E. g. A refusal to give alms. Bibigyan mo ba? What if di ka nagbigay? Is That act
punishable? No
-kapag di nakasulat di yan krimen.
What kind of crime do you committed?
-Provides for punishment in case of conviction.
*Punishment will only be carried out after conviction by final judgement.
Nature: crime aginst property , against person

How does the Philippine be construed?

-In favor of accuse
Elements of a Complete Penal Law
1. The law must define the criminal act
2. The law must prescribe a penalty
3. The law must be a valid act of the Legislative
- Local legislative bodies
-If their ordinances defines an act or omission punishable then that is penal law

The Nature of Penal Law

-An act of Legislature
-Police Power
*The state can restrict rights, restrict privileges or take away privileges
*The state can withhold certain freedoms for the state of proposing for our general welfare
-Right to prosecute criminal acts or omissions
*No private person has the right to prosecute a criminal act or a criminal omission.
*No private person has the right to impose trial
* No private person has the right to commenced trial

Constitutional Limitations
-Equal protection of all persons (general application)
-Observation of procedural and substantive due process
-Cruel and unusual punishment or excessive fines
-Bills of attainder
*It punishes an act without trial
- Ex post facto law
*Treats at omission as a crime when at the time of its omission, it was not yet criminal.
*Dealing with an expo facto law: For a person/ to determine criminal liability of a person, we
must refer to the law enforced at a time that a law that the act was committed. Because if the
time that an act was committed there is no law defining it as a crime then by all intends and
purposes this act is not a crime.
-Commensurability between the crime and the penalty
*The graver the felony, the graver the crime the more serious the crime then the graver the
penalty.
Characteristics of Penal Law
 Generality- criminal law is binding on all persons who live or sojourn in Philippine
territory. 
- “ Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and to
treaty stipulations.”
- lahat ng sakop inside our territory even the foreigner.
EXCEPTIONS:
1. Treaty Stipulations
-When there is treaty , the treaty must prevail
-Treaty must not contravene domestic laws if this happens , principles of public
international law may allow for certain benefits or certain privileges granted upon
exempted persons who will not be covered by Philippine Penal Laws.
-observe in good faith the treaty we joined in.

Auto- limitation Doctrine: The sovereignity can limit.

Example: UNCLOS

2. Laws of Preferential Application

*Republic act 75 which grants diplomatic immunity to heads of state or
representatives of a foreign state
*As this exception is concerned, we exclude consoles.
*While consoles are representative of a foreign nation, they are more of commercial
representatives and not political representatives
*The persons who are exempted under preferential application or those who possess
diplomatic immunity are those we consider political representatives because they
represent their government, they represent the state.
3. Public International Law
 Territoriality- criminal laws undertake to punish crimes committed within Philippine
territory. 
- Article 1, 1987 Constitution on Philippine Territory
The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
EXCEPTIONS:
1. Crimes committed on board a Philippine ship or airship
How do we know if it is a Philippine ship or airship?
-Flag state
*A ship belongs to a certain flag state depending on the flag that it flies.
2 RULES
A. English Rule- crimes involving peace and security of the peace territorial country
must be prosecuted in the host country unless acts are connected to the things within
the vessel or its internal management. (People vs. Wong)
*We adhere into English rule.
B. French Rule- crimes committed aboard should be prosecuted in the flag country
unless peace and security of the host country is affected.
*Applies to commercial and merchant vessels
2. Crimes involving forgery and counterfeiting of the Philippine currency
-It affects the economy of the Philippines
3. Crimes committed by public officials in the exercise of their official function
 *If a person commits a crime outside the Philippines, the first thing you need to think
about:
-Is this person a civilian (crime committed abroad will not be punishable here) or is
this person a public officer (the next thing we need to check is the act committed in
relation to official duties of a public officer or was it committed on his personal
capacity)?
- If he committed a homicide in America, the act he committed has nothing to do with
his official function. But if this Filipino Senator was sent by the government to the
United States, this Senator embezzles a portion then he committed a crime. That
senator will be convicted in the Philippines even if the crime was not committed
inside the Philippines
4. Crimes against national security and the law of nations.

 Prospectivity- a penal law cannot make an act punishable in a manner in which it was
not punishable when committed.
-Article 366, Revised Penal Code: “Application of laws enacted prior to this Code. —
Without prejudice to the provisions contained in Article 22 of this Code, felonies and
misdemeanors, committed prior to the date of effectiveness of this Code shall be punished in
accordance with the Code or Acts in force at the time of their commission.”

NCC: RA 75

Who are immune?

-those who are engaged in foreign affairs not on those who are engaged in consulates.

EXCEPTIONS:
1. New law favors the accused who is not a habitual delinquent unless the law states that it
will not be applicable to pending or past cases.

Theories (Philosophies) of the Philippine Criminal Law Justice System

-Classical or Juristic
*deals with criminal liability of the accused which arises from the moral being of the accused
*which provides that man, who possesses freedom, is punished for an act or omission
willingly, voluntarily, and intelligently performed. Under this philosophy, man should be
adjudged or held accountable for wrongful acts so long as free will appears unimpaired,[6] so
that if one lacks free will and intelligence, he should not be held criminally liable. This
philosophy is so basic it is implied so often in bar exams.
Classical theory: A person commits a crime because of choice.
(makes the accused suffer)

- Positivist or Realistic
*The accused commits a crime by reason of environmental factors.
*It takes a way the choice and puts emphasis on the environmental factors that influence the
accused to commit a crime.
Realistic theory: Penalties imposed will not be retributive and not be punitive and will not be
afflictive but they will be restorative and it will be rehabilitative.
*The penalties to be carried out will be intended for the rehabilitation of the accused and
everything here will benefit
*which provides that man is inherently good but his acts or behavior may be conditioned by
his environment. Because of his upbringing, social environment and associations he may
become socially ill or an offender. Thus, under this philosophy penal laws are meant to
“reform” and the penalties are considered “corrective or curative.” Jails are reformatories and
penalties are imposed after an examination of the circumstances of the offender. Unlike the
classical theory which emphasizes on the offense itself, positivistic theory emphasizes on the
offender and not on the offense.
- Electric or Mixed
*which combines good features of classical and positivist theories. As contended by many
legal theorists, the classical theory should be applied to heinous crimes, whereas the positivist
should be applied to socio-economic crimes. The Philippines generally adapts the eclectic
philosophy

-Utilitarian or Protective
*The law punishes an individual to protect society for the reason that this person will be
considered to be a menace to society.
*which is based on the maxim “greatest happiness for the greatest number of people.” The
fundamental idea behind this philosophy is that the primary function of punishment in
criminal law is to protect the society from potential and actual wrongdoers.

Supporting Principles in the Application of Criminal Law

1. Construction of Criminal Laws
2. The Doctrine of “In dubio pro reo”
-In case of doubt we resolve that doubt is in favor of the accused because Penal Laws are
constituted liberally of the accused.
 The Rule of Lenity/ Ambiguity of Penal Statutes
-If the Penal Statute brings with it, an ambiguous interpretation or a difficult interpretation
then the difficult interpretation should be done in such a way as to be favorable to the
accused. The ambiguity should be in favor of the accused. Also going with the rule, that
criminal laws are construed liberally in favor of the accuse.
 The Equipoise Rule
-Burden of proof: duty to prove, duty to present evidence.
“Kung sino nagsabi, patunayan mo.”
-Involves the law on evidence, for the accused to be convicted. There must be proof beyond
reasonable doubt that is moral uncertainty of the crime charge.
-If the state has not been able to discharge this burden, then the acquittal follows as a matter
of right. However, if the evidence pointing to innocence are so equally weight then the court
is duty bound to acquit. The reason being, if the evidence in the prosecution is equal to the
evidence for the defense ,then the state was not able to discharge its duty to prove guilt
beyond reasonable doubt.Because to establish guilt beyond reasonable doubt, the evidence
presented must be so convincing that it must produce as moral certainty of the guilt. Without
that moral certainty, acquittal follows as a matter of right and the court must also acquit by
way of duty.
(It is the duty of the state to prove the guilt of the accuse beyond the reasonable doubt.)
*Art. 11-15.
-we need judgment of conviction.
3. Quantum Evidence
-the amount of evidence needed; the quality of proof is how reliable such evidence should be
considered. Important rules that govern admissibility concern hearsay, authentication,
relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical
evidence
4. Constitutional Presumption of Innocence
-Applies only during trials
-On appeal: Constitutional Presumption of Innocence in case the appeal carried out after a
pronouncement of guilt. In case of pronouncement of guilt, there is no more Constitutional
Presumption of Innocence such that the burden of proof now shifts from the prosecution of
the state to the accused or the defense.
-to the idea that someone is innocent of a crime by default unless someone can prove he is
guilty.
-The Constitution provides for the right to a trial in the United States for an individual
accused of a crime.
*Burden of proof- the obligation to prove one's assertion.

5. State Burden to Establish Guilt Beyond Reasonable Doubt

Classification of Crimes
As to Commission
1. Intentional Felonies, committed with dolo
2. Culpable Felonies, committed with culpa, or criminal negligence

DOLO is equivalent to malice which is the intent to do injury to another.

Elements (CFI):
1. Criminal intent on the part of the offender;
2. Freedom of action in doing the act on the part of the offender; and
3. Intelligence on the part of the offender in doing the act.

CULPA is either imprudence or negligence.

Elements (CFI):
1. Criminal negligence on the part of the offender—the crime was the result of negligence,
reckless imprudence, lack of foresight, or lack of skill.
2. Freedom of action in doing the act on the part of the offender—he was not acting
under duress.
3. Intelligence on the part of the offender in performing the negligent act.
*Article 365
*Culpa is a felony

Distinctions of Dolo and Culpa

*Article 3 of the RPC paragraph 3 states: There is deceit (dolo) when the acts is performed
with deliberate intent; and there is fault (culpa) when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill .

Ordinances- infractions

Dolo - deceit / malice

Culpa- fault

"Actus non facit reum, nisi mens sit rea"

-where the mind is not criminal there is no crime

*Mens rea- criminal mind

*Actus reus- criminal act

The law doesn't punish the criminal mind

Criminal mind + criminal act = intentional felony

No criminal mind + criminal act = culpable felony

*A negligent act is like a voluntary act

“DISCERNMENT” - they have intelligence

* Republic Act 9344

In a criminal proceedings:
*Prosecution: Intent is already presumed - whenever crime is committed no need to
prove that it is intent.
-A culpable has a lower penalty than with intent.
“Whenever crime is committed , intent is presumed.”

Culpable Felonies
Negligence refers to (dictionary)
Civil law : Diligence

Imprudence-
- prone to incident

Lack of foresight - failure to look back

Lack of skill - opposite of imprudence

Why do we punish culpable felony?

- because tee law requires to act with common sense

-act with diligence

Article 4
Paragraph 1:
When there is Praeter Intentionem, we may always a culpable felony.

*Do we charge the person for intended felony?No

*Do we charge the person for the resulting crime? Yes, always

Art 4 paragraph 2 : impossible crime

-

When does a person

- upon birth

Fictitious - do not exist

Can you steal from a dead person? Yes

As to Stage of Execution
1. Attempted - When the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.
*An overt act is essential to establish an attempt to commit a crime.
2. Frustrated- When the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator.
3. Consummated- When all the elements necessary for its execution and accomplishment
are present; the felony is produced

Formal Crimes and Material Crimes and those without a Frustrated Stage

As to Gravity
1. Grave
2. Less Grave
3. Light
* Depends to the penalty imposable
As to Number of Crimes Committed
1. Simple- a serious of act leads to one crime
2. Composite or Special Complex - an act or crime composed of more than one
crime. However, the law punishes it as one single crime.
3. Compound - a single act produces two or grave or less grave felonies.
4. Complex- one act is a necessary means to commit another
5. Continued - is a crime which is composed of several component crimes but which
the law takes as a single crime.
 Single arsony rule will come in- wherein a person commits acts of theft among
several rooms in the hotel building but that person is only charge for only one
crime of theft. Yes, because the series of theft committed in the hotel building
is considered by law to be a single continued act.
6. Continuing- where any of its material elements will take place in different
jurisdiction. The series of acts that were committed to be treated as:
A. Individual crime -several simple crimes
B. A single crime- continued crime
Where do we file a continuing case?
-In any place where the elements of the case took place

As to Nature
1. Mala in se
2. Mala prohinita

BASIS MALA IN SE MALA PROHIBITA

There must be a criminal intent
Wrong from its very nature
As to their
concepts
Criminal intent governs
Punished under the RPC
Good faith, lack of criminal intent or
negligence are valid defenses  it is enough that the prohibition was
Criminal liability is incurred even
when the crime is attempted or
As to legal frustrated
implication Penalty is computed on the basis of
whether he is a principal offender, or
merely an accomplice or accessory
Mitigating and aggravating
circumstances are appreciated in
imposing the penalties
Sufficient that the prohibited act was done
Wrong merely because prohibited by
statute
Criminal intent is not necessary
Violations of special laws
k of criminal intent are not valid defenses;
voluntarily violated 
Criminal liability is generally incurred only
when the crime is consummated
The penalty of the offender is the same as
they are all deemed principals 
Such circumstances are not appreciated
unless the special law has adopted the
scheme or scale of penalties under the RPC

Crimes Mala in Se Crimes Mala Prohibita

Basis
Modifying Circumstances
Degrees of Participation
Stages of Execution
Moral Turpitude
Law Violated
Good Faith as a Defense
Moral state of the offender
(moral or immoral)
Applicable for moral traits
Applicable for Principal/
Accomplices/ Accessories
Applicable for Consumated/
Attempted/ Frustrated
Yes (he have a choice)
Generally, the RPC
Yes
Voluntariness of the offender
Not applicable
Generally not applicable
Punished when consummated
(e.g. RA 9208 or Anti -
Trafficking law)
No, with exceptions
Special Penal Law
No, with exceptions
*Mens rea- criminal mind
*Actus Reus-criminal act

The mind of invidual is a criminal but no crime committed.

*No criminal mind shall not be punishable.

Absorption Rule in Crimes Mala in Se and Mala Prohibita

-tells us whether or not will complex a crime or of the crime absorbs another.
 As a general rule, crimes mala in se cannot absorb crimes mala prohibita.
 The greater crime usually absorbs the lesser related crime.

Other factors
-The special penal law allows prosecution under the RPC
-Lesser crimes are acts executing the greater crime

Classification of Offenders
 Principal
A. A principal by direct participation
B. A principal by indispensable cooperation
C. A principal by inducement

 Accomplice
What we need to distinguish between an accomplice and a principal by indispensable
cooperation?
*the indispensability of the assistance
-If the crime would not have been committed where if not for the assistance of this person,
then the assistance is indispensable, the person is a principal. However , if the person is
dispensable, then we have an accomplice. But in case of doubt, we resolve the doubt in favor
of the accused. We treat that , that person is an accomplice not as a principal.

 Accessory
-In case of a fencing law, while the person who benefited from a stolen item is treated as an
accessory to robbery and an accessory to theft. This person is a principal in the crime of
fencing.

Do we prosecute the person as an accessory or do we prosecute a person as principal?

-Rule: We prosecute a person as a principal because the person committed a crime which is
punishable as a principal under our laws. Therefore, if you person commits fencing or if that
person profits from the proceeds of a crime we punish that person as a principal in the crime
of fencing

Other Principles
 Conspiracy - exist when a two or more persons come into an agreement concerning the
commission of a felony and actually decide who committed.
1. Number of persons: two or more
2. They must come into an agreement, concerning the commission of a crime
3. Despite of their being more person and despite of agreeing to commit a crime . They must
actually decide to commit a crime . There is no plan of action yet. There is no methodology
and there is no yet a process where a crime will be committed . But once a crime will b
committed, once it is decided upon then we have the decision to commit a crime.
 Proposal - happens when one person was decided a crime proposed is commission
some other person or persons.
*Proposal leads to conspiracy. Because once a proposal is made and the person or the person
to home the proposal was given will decide to commit the crime with the person proposing
then we no longer have a proposal but what we have is a conspiracy.
*Generally, proposal is not a crime in itself and its not a way of incurring a criminal liability
but we have now laws that punished proposals as a felony.
*Conspiracy on the other hand, is not a felony , it is only a mode of incurring criminal
liability. Because those persons who are found to be inconspiracy with each other are all
punished as principals because the liability of one is a liability of all even if not all of them
participated in a commission of a crime, they are still punishable as principals.
*An exception, if one of the co-conspirator will be able to prove that they resisted, or advised
or prevent the crime of happening then that may negate conspiracy as a mode of incurring
criminal liability.
 Misprision of felony - failure to report a felony
*As a rule we only have one in our Revised Code, that is misprision of Trisio. We have no
misprision of felony punishable as crime other than misprision of trisio.

Guiding of Doctrines
Doctrine of Immutability/Finality of Judgment
-There must be an end to litigation which is why judgment must be final at some point in
time.
Exception that a procedure may be revive
-”nunc pro tunc” entries - involves trivial correction or clerical errors or a spelling of a name
or a designation of a person/fact. But it does not prejudice any part in any way such that, a
motion to correct a final and executory decision based on a nunc pro tunc entry is generally
without any issue.

Finality of Acquittal Rule

-Wherein the accused was acquitted , that acquittal is already finalness and aquittory.
*As a rule, there is no appeal from a judgment of acquittal. However, if it will be shown that
the judge or the court that issued the judgment of aquittal has acted with grave a piece of
discretion amounting to a lack or excess of jurisdiction. Then a petition for cesiorari which is
a special civil action of the code 65 of your rule of court may be a remedy.

Principle of Double Jeopardy

-If a person already been held jeopardy for the commission of a crime or charged for the
commission of crime and place in jeopardy then this person can no longer not be held or
cannot not be charge for the same act or same omission in the second time.
-Dertemining the stage of arraignment , without arraignment, without the accuse pleading to
the charge then the accuse will never be place in jeopardy in the sense that criminal case is
dismissed before arraignment then the accused maybe charge again for the same crime, for
the same act or omission. However, if the accused have already been arraigned and the charge
have been read to him in open court and the accused entered a plea. Then jeopardy has set in,
the accused have been bound to double jeopardy. In case that criminal case will be dismissed ,
the dismissal will amount to aquittal, there is no refiling.

*Criminal law -its the local law

-The contract is the law between the parties

*Whenever a person commits a crime the offended party is the people of the Philippines.
*In committing a crime, you disturb the peace of the state.

*No country can be of another law to another country

Ambassador protects country

Counsel protects commercial
Article 3
Whenever there is omission there is a criminal was committed

Article 4
-refers to intentional felonies only

Explanation:
1. The wrongful act done be different from that which he intended
- There is an intent to committing crime.
-Maski na iba ang intent na magcommit ng crime still criminal liable ka sa intentional felony.
-Any person committing a felony although the wrongful act done be different from that
which he is intended.
-“Error in personae”
-The lesser crime will be imposed at the maximum

1. Commission of a crime
2. The crime has a definite (damage) and tangible result (can be seen)
3. The act or omission result in :
-intended crime; or
-Some other consequence that causes injury to persons or damage to property

Proximate Cause
- He who is the cause of the cause is the cause of the evil caused.

There must be no intervening cause between the crime and the damage or injury

*Case : Abrogar and Abrogar vs. Cosmos Bottling Company; GR No. 164749,
March 15, 2017.
(Proximate cause)

Intervening circumstance

2. Impossible Crime

If the act or omission is not a crime , the actor is not liable for it or for any of the logical and
natural consequences of the actor or omission, whether foreseen or not.

Requirement of duty (Article 11)

-The police officer performs their duty event though it results to injury and that is not a crime.

Article 12

-Your act of tresspassing is not a crime because you are protecting yourself

-crimes against person or property

-felonious act, yung crime na ginawa hindi against person or property
*Impossible crime
-hindi magawa yung gustong gawin na crime

Bakit may pinaparusahan kung impossible yung crime?

-becuase the propensity of the person committing a crime
-you have the intention to kill
-Because of the inherent impossibility of each accomplishment
-Or the account of account of employment off inadequate ineffectual means

Elements of intentional Felonies

1. There must be an intent (specific act)
2. There must be intelligence. You can discern the consequences
3. The morality of the effects of an act or omission
4. Freedom/ Voluntary
*Lack of foresight

-Hindi applicable ang honest mistake of facts if there is negligence kundi error of personae.

Aberacious ictus- mistake in the blue

Complex

-It is not an impossible crime when there is already crime that was committed

Article 6
-Punishable lahat

Article 4
Factual impossibility
Legal impossibility

Paragraph 1: pertains to intentionality

Paragraph 2: impossible crime

*It is penalised very low

*Your prpospensity to commit crime, yun yung pinaparusan.
*Impossible crime is only applicaple against person or against things.

Article 12
-choice