I.

PRINCIPLES OF CRIMINAL LAW

A. General Principles
1. Mala in se and mala prohibita
2. Scope and characteristics
a. Generality
 Consular officers – immune from criminal prosecution of acts performed in the
exercise of their funcion
 Diplomatic agents- are vested with blanket diplomatic immunity from civil and
criminal suits
 Ministers, Presidents, Ambassadors and Chiefs of Mission, Commercial
Attache – not a diplomatic agent
 Charge d’affaires – immune from criminal prosecution
 President of the PH – entitled to immunity from suit subject to the ff conditions:
1. The immunity has been asserted
2. During the period of his incumbency
3. The act constituting the crime is committed in the performance of his duties
However, after the tenure of the President, he can be criminally charged
since the presidential immunity is not anymore invocable
 VP of PH – cannot invoke immunity from criminal prosecution. He can function
as VP while serving sentence in prison. However, accessory penalty of
disqualification, which involved removal from office is not implementable since
the enforcement thereof will offend Section 2 Article 11 of the Constitution.
Which mandates that the VP may be removed from office only through an
impeachment proceeding