THE REVISED PENAL CODE
ACT NO. 3815, AS AMENDED
DEFINITIONS
Criminal law- is that branch or
division of law which defines
crimes, treats of their nature, and
provides for their punishment.
Crime- is an act committed or
omitted in violation of a public
law forbidding or commanding it.
Ex post facto law
1. makes criminal an act done
before the passage of the law and
which was innocent when done,
and punishes such an act;
2. aggravates a crime, or makes it
greater than it was, when
committed;
3. changes the punishment and
inflicts a greater punishment than
the law annexed to the crime
when committed;
4. 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;
5. assumes to regulate civil rights
and remedies only, in effect
imposes penalty or deprivation of
a right for something which when
done was lawful; and,
6. 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- is a legislative
act which inflicts punishment
without trial.
GENERAL RULES, EXCEPTIONS, EXCEPTION TO THE EXCEPTION, REQUISITES, LAWS, MAXIMS
GR: No common law crimes in the Philippines.
EXC: Unless there be a particular provision in the penal code or special penal law that defines and punishes the act, even if it be SOURCES OF PHILIPPINE CRIMINAL LAW:
socially and morally wrong, no criminal liability is incurred by its commission. 1. RPC (Act No. 3815) and it amendments
2. Special Penal Laws and the Batasang Pambansa
P.D. NO. 818 3. Penal Presidential Decrees
 Applies only to swindling by means of issuing bouncing checks.
 Court decisions are not source of criminal law. They only explain the meaning of, and apply, the law.
GENERAL
GR: Jurisdiction of civil courts is not affected by the military character of the accused.
 State has the authority, under its police power, to define and punish crimes and to lay down the rules of criminal procedure.
 Civil courts have concurrent jurisdiction with general courts-martial over soldiers of the Armed Forces of the
LIMITATIONS ON THE POWER OF THE LAWMAKING BODY TO ENACT PENAL LEGISLATION:
Philippines:
1. No ex post facto law or bill of attainder shall be enacted. (Article 3, Section 22 of the 1987 Constitution)
1. Murder cases committed by persons subject to military law.
 This prohibits the passage of retroactive laws which are prejudicial to the accused.
2. Malversation committed by an army finance officer.
 Retroactive application applies if it is an ex post facto law.
3. In times of war, provided that in the place if the commission of the crime no hostilities are in progress and
2. No person shall be held to answer for a criminal offense without due process of law. (Article 3, Section 14 (1) of the 1987 Constitution)
civil courts are functioning.
 This requires that criminal laws must be of general application and must clearly define the acts and omissions punished as
crimes.
 When military court takes cognizance of the case involving a person subject to military law, the Articles of War
apply, not the RPC or other penal law.
 The prosecution of an accused before a court-martial is a bar to another prosecution for the same offense.
 Offenders accused of war crimes are triable by military commission. CONSTITUTIONAL RIGHTS OF THE ACCUSED STATUTORY RIGHTS OF THE ACCUSED
(Article 3 of the 1987 Constitution) (Section 1, Rule 115 of the Revised Rules on Criminal Procedure)
R.A. No. 7055 1. Right to a speedy trial 1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
 Persons subject to military law commits crimes under the RPC or Special Penal Law shall be tried by the proper civil 2. Right to due process 2. To be informed of the nature and cause of the accusation against him.
court, except if such crime is service-connected, in which it shall be tried by court-martial. 3. Right to bail and against excessive bail conditions 3. To be present and defend in person and by counsel at every stage of the proceedings, from
4. Right to remain silent and to have competent legal arraignment to promulgation of the judgment.
THE MILITARY COURTS HAVE JURISDICTION OVER THESE CRIMES: counsel 4. To testify as a witness in his own behalf but subject to cross-examination on matters covered
ARTICLES OF WAR SERVICE-CONNECTED CRIMES 5. Right to self-incrimination by direct examination. His silence shall not in any manner prejudice him.
6. Prohibition against cruel, degrading, or inhuman 5. To be exempt from being compelled to be a witness against himself.
punishment 6. To confront and cross-examine the witnesses against him at the trial.
Article 63 Disrespect Toward the President 7. Right against double jeopardy 7. To have compulsory process issued to secure the attendance of witnesses and production of
8. Right of free access to courts other evidence in his behalf.
Article 64 Disrespect Toward Superior Officer 8. To have a speedy, impartial, and public trial.
9. To appeal in all cases allowed and in the manner prescribed by law.
Article 67 Mutiny or Sedition
Article 96 Conduct Unbecoming an Officer and a Gentleman
Article 97 General Article
Rights of the accused that may be waived Rights of the accused that may not be waived
Right to confrontation and cross-examination Right to be informed of the nature and cause of the accusation
E.O. NO. 68 OF THE PRESIDENT OF THE PHILIPPINES against him.
 Establishes a National War Crimes Office and prescribes rules and regulations governing the trial of war criminals Personal rights Rights involving public interest
GR: Penal law applies to crimes committed by a person residing or sojourning in the Philippines. Characteristics of criminal law
EXC:
1. except as provided in the treaties and laws of preferential application (Article 2 of the Revised Penal Code) 1. General 2. Territorial 3. Prospective
Example: R.A. No. 75 for laws of preferential application Criminal law is binding on all persons who live or sojourn in Philippine territory. Criminal law undertake to punish Crimes are punished under
(Article 14,New Civil Code) crimes committed within the the laws in force at the time
RA. No 75 Philippine territory. of their commission.
 In favor of diplomatic representatives (ambassador or public minister) and their domestic servants (Article 366 of the RPC)
 Arrest or imprisonment, or his goods or chattels are distrained, seized or attached shall be deemed void.
Who are exempt from our penal laws?
 a) Sovereign and other chiefs of state Example: Salonga v. Yap, an American citizen was charged for illegal possession
b) Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires. of firearms. He invoked his constitutional right for keeping firearms without the
 A consul is not entitled to privileges and immunities of an ambassador or minister. need of a license.

2. subject to the principles of public international law and to treaty stipulations (Article 14 of the New Civil Code) The court ruled that “to punish persons for offenses committed within its territory
Example: VFA(Visiting Forces Agreement) for treaty stipulations regardless of the nationality of the offender”.

TERRITORIAL
GR: Penal laws of the Philippines are enforceable only within its territory.
Article 2 of the RPC, enforced within the Philippine Archipelago, including its atmosphere, its interior waters and maritime
zone.
Article 1 of the 1987 Constitution, 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 sea bed, 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.
EXC: Article 2 of the Revised Penal Code, enforced outside of the jurisdiction of the Philippines against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the
Government of the Philippines;
3. Should be liable for the acts connected with the introduction into the Philippines of the obligations and securities
mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of the
RPC.
TREATY STIPULATIONS
Example: Visiting Forces Agreement between Philippines and the USA which
was signed on February 10, 1998
1. Philippine authorities shall have jurisdiction over US personnel with respect
to offenses committed within the Philippines and punishable under the laws of
the Philippines.
2. 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 the Philippines.
3. Philippines authorities exercise exclusive jurisdiction over US personnel
with respect to offenses, including offenses relating to the security of the
Philippines, i.e., treason; sabotage, espionage or violation of any law relating to
national defense, punishable under the laws of the Philippines, but not under
the laws of the United States.
4. US authorities exercise exclusive jurisdiction over US personnel with respect
to offenses, including offenses relating to the security of the US, i.e., treason;
sabotage, espionage or violation of any law relating to national defense,
punishable under the laws of the US but not under the laws of the Philippines
5. 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 property or security of the US or against property or
person of US personnel; and 2) offenses arising out of any act or omission done
in performance of official duty.

Prospective
GR: A penal law cannot make an act punishable in a manner in which it was not punishable when committed.
EXC: if the new law is more lenient or favorable to the accused, it can be given retroactive effect

The exception aforesaid does not apply to the following:

1. When the new law is made not applicable to pending actions or existing causes of action; and,
2. When the offender is a habitual delinquent.

Effects of repeal on penal law

Repeal law imposes lighter penalty in the new law
New law shall be applied.
Except:
 When the new law is made not applicable to pending
actions or existing causes of action; and,
 When the offender is a habitual delinquent.
It is well-settled that a consul is not entitled to the privileges and immunities of an
ambassador or minister, but is subject to the laws and regulations of the country to
which he is accredited. (Schneckenburger v. Moran, 63 Phil 250)

New law imposes heavier penalty The law in force at the time of the commission of the offense
shall be applied. CONSTRUCTION OF PENAL LAWS
New law totally repeals the exiting law Crime penalized under the old law no longer punishable. 1. Penal laws are strictly construed against the Government and liberally in favor of the accused. (US v. Abad Santos, 63 Phil 243; People v. Yu Hai, 99 Phil 728)
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 its
interpretation. Where the law is clear and unambiguous, there is no room for the application of the rule. (People v. Gatchalian, 104 Phil 664)
 When the new law and the old law penalize the same offense, the offender can be tried under the old law. 2. In the construction or interpretation of the provisions of the RPC, the Spanish text is controlling, because ot was approved by the Philippine Legislature in
 When the repealing law fails to penalize the offense under the old law, the accused cannot be convicted under the its Spanish text. (People v. Manaba, 68 Phil 665, 668)
new law.
 A person erroneously accused and convicted under a repealed statute may be punished under the repealing statute. People v. Mangulabnan, 99 Phil 992, 998
 A new law which omits anything contained in the old law dealing on the same subject, operates as a repeal of Article 294, paragraph 1 of the RPC provides, according to its English text, that the crime is robbery with homicide “when by reason or on occasion of the
anything not so included in the amendatory act. robbery the crime of homicide shall have been committed”
The Spanish text of the same provision reads, as follows: “Cuando con motivo o con ocasion del robo resultare homicidio.”

In view of the Spanish text which must prevail, the crime committed is robbery with homicide, even if the homicide supervened by mere accident.

 English text- homicide (intentionally committed)

 Spanish text- homicide (mere accident)