NOTES AND CASES ON THE REVISED PENAL CODE Act No. 3815, as amended LEONOR D. BOADO (Books 1 and 2) and Special Penal Laws ‘Author: Comprehensive Reviewer in Criminal Law; ‘Compact Reviewer in Criminal Law and ‘Notes and Cases on Speclal Penal Laws 2012 EDITIONFUNDAMENTAL PRINCIPLES: what criminal iw? Te ie that branch of public law which datins cviminal clones and presrbesspcie punishment for them. Its ‘rate of pubic law because it treats of ects or omissions of the itens which ae deemed primarily au wrongs agains: the ‘tac more chan apna heeled party enallawa are thos ets of the lgilature which prohibit cmtan act and eetabish penalties fr their Volatons, ot ‘hos that deine cris, trot of Ue ature and provide for ‘hie punishment, (Lacon wae. Seoretary, GR Ne 128096, ‘Jensary 1988) ‘What re the constitutional limitations on peal ows? ‘Article TH Bil of Rights) of the 1987 Constitution provides the flowing imitations on the inherent ight of the Eins through the Lagilature tent penal ewe: "No person abl be depeved of io, hors, oF property thes ue proce lw, or sall any pron be denied {ho equal protectin of the laws" (Becton 1) Thus, the law mt be general n application oa nt vito the ual protection clause. 1, Mo tartar, free, viene, creat, intimidation, or any ‘herman whishiianthafvewilehallbe aed against ‘lm Secret detention plas, sltary, communicado, or ther stm forme ef detention ae prohibited” Section 1a) Na lw, therfore, must be pasod imposing ual ‘ad unusual punishment or ecesie fine "Neer pnt fat nw oil of taindr shall be enacted” (Gecton 2)|. Deteribe due process a applied o pana ws, ‘Due proses, whether substantive or povedual, ean be Assrbed th aoting more and nothing less than compliance ‘ith the requirements of fale play or the right of any person {2 be given autce end be Near before be ie condemned fér'an ‘actor aminsion dened and psnished by law torn ‘uguiements of notice and hooring) Vt, 148 SCRA 659, ‘teuck down the exmcutive order (G0) which prbiited the tranaport of carabao or carabeo meat sears provincial ‘boundaries without government clearance forthe purpone of preventing indiscriminate dlaher of erebooe. The retinas twas that the EO defined the preibiten, convicted pstonet Sa ety npr phen hh wan cod fut fright The measure strck a enor and pounesd upon the petitioner without giving hina chance tobe hard he Asnying him the cnturneolduaraty ef elementary fait peg 4. Whoare entitled tothe mantle of due process few? ‘The Stat, as wollas the accused, enid to due proones flaw orjustice ta preva the scales ut be alaed jee {not tobe dispensed for th souaed aloe. The interes of stcity andthe afonded partie which have been wronged must [eaqualyeonsdered A verde of conviction nie ntreariy ‘Genial of justice; and an acquittal snot necssrly a imp jut, for, to the sey offended and the party wronged, It could alo mean injustice, Junin thn must be renderad ‘venshdely to both the acased. cn on band nd he Stats fod offended party on the aber. (Dimatulae. Vion, GR. No, TETI07, Osaber 12,1995) In receiving expare the Department of Foreign Aire sadvioe and in mot proprio dismissing the cases withou otice tothe prosecution, theater’ right to due process was viola Dao proces lea vight ofthe atcaned an much a te ofthe prosecution. The mended inquiry in what capacity petitioner ‘wat acting atthe time of tho aloged ulterances egrets ‘Reoltion evidentiary basis that ha et abe prevent at the er ie: iow Pepe Go. 125068, sony 38 Whats the effect of vation ofthe du proces clause? In Gucsarra ». Sandigunbayan, O.R. Ni 198799-804, March 31, 2008 the Sendigunbayan Srered the ismisoal of 12 cane against ptitoners ovr he bjcion of the Spoil Proceutr’ By tach order the sunt doprved te People of Itergn t Ge pracen Te acted in ene of i jursiction fd committed grave abuse oft dicretion in dsmising the friminal cases. Hence, the order was ll and voi: it may {har be etied despite ho laae of 6 days rom notice to he Spatial Promeator “A vider or odgment has no legal an binding effet, fore a efieney for any purpose. In contemplation of lm itis ‘oncaitent Such judgment or oder may be Teiated i any ction or preceding whenever itis involved. Tt isnot even Scena to take any step to vale or vad eld judgment (inal ced; ma cimply be ignored. What makes penalty rel and unusia? ‘Punishments are cruel when they involve torture or tingring death It nln smnthing nba and barbarous (laren v. Dir of Prisons, 81 Phil 742), or shocking to th oneonce (People Dons, 22 SCRA 1289) such ax cutting ‘hofingrsfthinvs,buraing at the stakeincstuou rai ot putting oto the atc and bare Meg poses of rear [Bat mere severity of te panty docs not mako the same rae fd unueul posiahieest It takes more than meray being Itza, excess, out of proportion or sovero fr penalty to ‘i abosinoe to the Conattion” To come under the ban, the Punishment must be agranty end psinly oppressive whlly ‘isproprtonae tothe nature ofthe offre as to shock he ‘poral sense ofthe communi.” ‘When tho penalty is wholly disproportionate tothe offense commited, fe impraonment a jeywalking imo only in ‘uel snd unusual bat ie ewan vsatve of the du press Clause as Gat would amount to deprivation of ierty for an ‘unrsonable length of tine What san er post oct lw? ‘An ex past facto lw is @ pena law which is given etcoetve appli tthe prejuie of the accued. Hence,von if the pana law is mado to apply retroactively, i tbe favors tothe accused he same ot post fat abd ha, ‘Slowed under Aree 22 A law ie cx pot fcto when it kos ana o siaion ximinal whieh when commited wasnt ye go In the Revie ‘Penal Coe (RPO, there are proviins which complement the ‘raubiion against ex oat oct law. Acti 2 tater that "0 {blony shal be punishable by any penalty not presribed by lew ‘ort te commission” Thus elusionperpetua cannot be {imposed for homicide intend of eksionfomport ater how many generis aggravating circumstances a. pecent ‘because that penalty sot proscribed aw for ome Also, ‘Atco 22 provides that poral is shal have rtoatie elect {Stofarar they favor the prsoa who is ota habia exit ‘Toerefre, «law which inereanes the penalty for an ac of tiaison cannot bo gvensereactveeiact. Conmeqoentiy, the ourt cannot impose x penalty higher than that prescribed by law fora patclar rte, a tatler how pervere te afer say be Give examples of expos fect low Makes an act punishable as «srs when such st wae ‘ota ofsse when commited. ‘While met contig mow clones, agqevainn the seriousness of crime, © Presribos greater punishment for a ime already commited. Alters tho rules of evidence oat to make it eubetantally ier to convict a defendant Alters, n elation to the offen or its consequenoe, che ‘tation ae peron this dadvantage Assumes to regulate civil right and raed ony but in ff imposes» penalty or deprivation of «ight which ‘when doe was iw. &_Deprive the accused of some lal proaction to which hehas become entitled sacha the protection of former soovietion or acquit, or « proclamation of amnesty (Casson Bee Secreta) Civ examples ofaws nt covered by the expos fect cause. ‘Bx post facto law generally prohibits retrospetivty of penal ls, RA 249 la not m pal law. a substantive. {ew on jrdicton which le not penal in character. Penal Inne are thee ato the Lapielatre which prohibit eta face and cetabish Pennies for their Vations, or those {hat define crimes, tet of their ature and provide fer their [punishment RA. 7576 which amended PD. 1006 as regnrds {he Sundiganteyasjuriadtion ita mode of spel nod otbor procedural mater, net «paella, bu leary a proedural tt, oe with pers rl of rere which fourte apiving laws of all Kinds can property administer [anie, Ree being’ penal iw the retroactive apliaion of BLA. Bi cannot be challenged ae unconstitutional a) “The prbibition apple only to crimina! ellation which sitet the subntantal rights ofthe accueed. This being 6, {hoe ebesintely no mit inthe contention tet sustaining the eteadicon erntys retroactive application wih respect te cflonses commit prio ata coming into force and fle ‘elte the conetttonal probit. Tho Treaty i nether a Dic ofeininallgiaton nora eriminal procedural statate [erely provides for the extradition of pervs wanted fer povecton of offense or a crim Which was already Committed or consummated atthe tme te Treaty Was rated. (right CA, No 19213, Auguat 15, 1980) ‘ayot v. Sandiganbayan, GR. No. L54645-76, December 18,1886 upd the ichsion fp ers end erploye nie carged fr euspension pendent ite unde the law ‘Shending Teh, S019 The amendment was ot‘ex pst foto ‘rom if eplid etrontivey Benue the suspension wa not ‘Tor of penalty but moray preventive. Its not t penalty Teomelt ent imposed afer and asa consequence ot bearing fone mer, Wat ea bil of atainder? Why sit consttionally proscribed? ‘A il of attuinder ia ¢ legnlative act which infite ‘punishment without Judicial ral (People v. Ferrer, 48 SCRA ‘Ie offends apninat the due proces clause and has the Teature expos facto law Moreover tis an encroachment of oda funtion by the legiativ.a ‘errr au that the Ant Sobverson Act isnot abil of steainder toon although the law named the Communist Pasty af the Palippines (CPP, tei so oly for doinitional purpiees and apples not only to that organization but also {ovany other organisations having the same purpose and coatsrs Were the Act bilo stander, i would be tally ‘Snneccnary to charge communit ncoUr he law alo, trithout mare would ufc terre ther pesshmsent Bet ts Fact that, "The Government has yet to prove atthe al that ‘the atcoed jined the Party Anowgly, wilfully ad by overt ‘nt, and that they ened the Party hnowing ite aubyerive ‘Shracer and with opcientent tourer its base objective, {arts overthwo tho oiating Goverment by fee, doo, and ‘tier Mlgal meane and pace the county under the contol domination ofa foregn power" (The Ank-Subversion Ac [bed boon expressly repealed ‘What ara the characterises of penallau? ‘Thay are generality, tervtrntty, and prnpestvy CGenraity rears to tho persons covered by” penal Inv terorialy, the place where the lw is appeal; and rossi, th ime when the law should be applied ‘What the generality characterise of penal lw? Penal laws are binding on all persone who reside of sejournin the Phiipiner whether ctiensor ot This based ‘on Anil 14 ofthe New Civil Code (NCO) end on the equal ‘protection elae in Arise II) of the 1087 Consttin, (which provides respectively, “hat 14 Penal Ine and thot of public security and ‘snfty eal be oigatory ep ll hoe who ive o asus ia Philippine trtory” Section 1. No perton shall be dpeved of i, berty ar property with dun proces of nw, or shall any person be ‘nied the equal protection othe lama” en aliens are covered by the generality principle ‘eons they se ala protected By the laws af the Piippinee Alaving all he time that they sojourn within ite tanita and ‘the word “pert” inthe Constitution does ot rela only to chinens. Hecpted with qualification are thue covered Dy teeaties and laws of preferential applction such at ‘tabanadore and heads of State under the principio por ‘paren non habe imperium, ‘As datngushed from tho testvaity principle, gener ality roar tothe persona cnerd, whereas the former deals ‘with the stu ofthe actor the place where th penal law it ‘pplcabl Descibe the tertoriaty characterise of penal aw. ‘The lew in applicable tal cimes committed within the limit f Philippine terstory. The bass ofthis characte is Artie 2 of the RPC. Tho exceptions aro preferential la find trstce providing fr exenption from the coverage af penal awa for cerca cases of orwns oa he one and, and {he expansion of the coverage of the Col outside it tertory {or cortain tts oF ominions listed in Atte 2, onthe other ‘Brame the irt isthe awe ad treaties governing heads of ‘States and thee ropresentatives. What does prospectivity rule mean? Proepostvty of penal Inws means that laws have prospective applcton anlar thay are fvorahe to the ‘fender who noe «habitual delinquent. Conversely ant {he same eft is retrospective which preserves that law Shall have no retoacive application unless tho contrary is provided" The bases of tis characterati are Arles 21 and 22 ofthe RPC, Arte 12 of the Coneiaton om cr oat {ato ews and Arle 4a the NCC. ‘To mete the death ponatyreimpowed by R.A. 1658 on December 81 1005 fr erie commited 087 would vilate ‘oes the prospect ule cover only laws? No, Te proapetvty rule apple alto to penal scelars suchas DOJ Girolar No. 12 arsed on August 1984 wich ‘card tha all checks including guarantes checks are coveredby BP. 22, This Circular cannot be applied retoutivuly tecnune petsonrs cannot be fled for relying on the ethet ‘al pronouncement ofthe DOJ Secretary thet unre: ‘heckslanued prior terto ate at covered by wad Cer The Principle of prorpotty af statutes, original or amendatory Eire sopted fo edmastrative rope end ceedlar end to julia decisions which although in thetnelven a0 ot lin arevdenee o what the laws mean thie bing he rasa thy under Arise 8 af the NCC, judicial decisions eplying ot Interpreting the ls o the Constietion shall om par Inga opto (Co CA, Ce No. 100776, October 38 1993) What effect does the court's interpretation upon a writtn aw hove? ‘The interpretation placed spon a writen law by competent oure bas the fre of law. When «doctrine ‘oucined by the Suprme Court is overrlo and diferent “iow adopted, the new doctrine shosld be applied prospectively {ind should ot apply to partes who had relied on the al ‘egudlos of ter breadth and dimension, form par othe {Srnal waters of the Palppines(Archipelagle Dorn Arile 173087 Conetin). What s 2 Pilppine ship or aitship? How i jreicton over ‘mes committed trerein determined? ‘APAalipine ship or aisship sone thats duly repstered ‘nthe Philipines and under Phiipine las. When a merchant ship of Philippine nationality i in ‘he Philipines and vime is commited therein hare i 0 question ab to the juiston over the crime it being within ‘Re'Palipnine terry. Hit nin the high seas whore no ‘Suny ba uration, the Philippines stil has ursdicton. But i ie within the troy of other country, the jurado a penoraly with that foreign State because penal laws are primer eet ia application, But that foreign ‘chantry wll not tale opnisancethe Philipines can assume Sunset ‘But Philippine warship and the oficial vessel of the Presiden ofthe Plippies wherever they are, are extensions ofthe Philippines an ts sovereignty. ‘What ac the two recognized rules json over merchant ese ‘These are tho Fronch Rae (FR) and the English Rule (i, Thee rales rele to the jriatision of one county (Bag) ‘vert merchant vm stated in another cnntry Quo?) Ane not apply to wer vnele over which country alwaye hae suit Compre the English Rule andthe French Rue on justin. Under the ER, tho host onuniry as juriition over crimes commited inthe wees unlen they inva Ue ‘eral management of the veel The FR onthe ober hand, ‘eoguins the juraicton of the flag country over erines Committed within the voce! exept if the crime disturb the poate and order a the host country. ‘ho ER iestricly terrtrial nlke ch FR But theft ‘on jurnietion over the crime is about Ue same beeaus the (fener rule af nei the exception onthe ober For inatance, ‘Paug tafckngs commited in Use ono unde the FM, the me doc ot relat tothe nioral management othe eee ‘who are publeofcers and employees within the purview of ‘ile 2, Revised Penal Code? ‘Theyarethe poblicaffoarsaedemplayeesf the Philippine Government when the erm i elated tothe exeria f thle ‘fice. Without ths intimate tation between the ose andthe crime committed, the ofcers are ating in their private sapacity snd hence, Bound bythe aw ofthe ostomy. What are ined in the crimes aginst national security and ‘thelow ofnatons? ‘hoy include Tioaton, Rpionag, Provoking War and Diya i eo Wart Prac and Mati. Rabalion iene suse ie 4 crime aguait Publis Onder Hence ifrebalio is lannod abrond and acs of rebelion were ormiitod thor, there ino cminl abit ever which the Philippine courts can aceume jriaticionbecane rebellion it ‘ote of tone ite af sk I TITLE ONE FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES ‘Art. Defitone. — Acts a law ave felonies (dele). Felonies are committed not only by means of deceit (dole) bat ano by means of fault (culpa). ‘Theretsdecelt when he acts performed with deliberate Ingentvand there i fault when the wrongful act results from Impradence, negligence, lack of foresight, of lack of skill + whatare felonies? eloies elite are ste o omissions punishable under ‘the RPC. Felons ar laid onthe bus of how they are ‘Stmntieditheredaloor culpa hishaetheclasientons af ‘Hine thereunder Ceimes involving special laws ae properly ‘fled oense, vias of rdinanos are infractions ‘omissions punishable by + How are felonies commitoa? elie are commited iter by means of deceit oft ‘There dont when tne acts performed wi libratointant ‘There i fult when the wrofl act onl fram nprodenc, eigen, lack of freight lack of sil In both aoe is econny that therein tolsntariese which i presumed from the coments of freedom af stion and inellgence.