SPECIAL PENAL LAWS
They constitute violations of mere rules of
Based on Atty. Sonny’s Syllabus
PART 1. PRINCIPLES AND CONCEPTS
Criminal Law – A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Crime – an act committed or omitted in violation
a public law forbidding it or commanding it.
Offense - crime punished under a special law is
called a statutory offense.
Misdemeanor – a minor infraction of the law
such as a violation of an ordinance.
Act – any external bodily movement with the
direct intention of committing felony.
Felony - refers only to violations of the Revised
Penal Code.
Elements of felonies:
1) There must be an act or omission
2) The act or omission must be punishable
by law
3) The act is performed or omission
incurred by means of dolo or culpa
Omission - failure to perform a duty required by
law.
Sources of Criminal Law
1. The Revised Penal Code
2. Special Penal Laws – Acts enacted of the
Philippine Legislature punishing offenses or
omissions
3. Penal Presidential Decrees (Martial Law
Era)
Mala in se vs. Mala Prohibita
Crimes mala in se are felonious acts committed by
dolo or culpa as defined in the Revised Penal Code.
Lack of criminal intent is a valid defense, except
when the crime results from criminal negligence.
On the other hand, crimes mala prohibita are those
considered wrong only because they are prohibited
by statute.
convenience designed to secure a more orderly
regulation of the affairs of society.
Question: May an act be both mala in se and mala
prohibita?
Yes, an act may be malum in se and malum
prohibitum at the same time. In People v. Sunico, et
aL. (CA 50 OG 5880) it was held that the omission or
failure of election inspectors and poll clerks to
include a voter's name in the registry list of voters is
wrong per se because it disenfranchises a voter of
his right to vote. In this regard it is considered as
malum in se. Since it is punished under a special law
(Sec. 101 and 103, Revised Election Code), it is
considered malum prohibitum.
Note: Test to determine if violation of special law
is malum prohibitum or malum in se
Analyze the violation: Is it wrong because there is a
law prohibiting it or punishing it as such? If you
remove the law, will the act still be wrong?
If the wording of the law punishing the crime uses
the word “willfully”, then malice must be
proven. Where malice is a factor, good faith is a
defense.
In violation of special law, the act constituting the
crime is a prohibited act. Therefore culpa is not a
basis of liability, unless the special law punishes an
omission.
When given a problem, take note if the crime is a
violation of the Revised Penal Code or a special law.
Distinction between crimes punished under the
Revised Penal Code and crimes punished under
special laws
RPC SPL
As to moral trait of the offender
moral trait of the not considered; it is
offender is enough that the
considered. This is prohibited act was
why liability would voluntarily done.
only arise when there
is dolo or culpa in the
commission of the
punishable act.
As to use of good faith as defense
 valid defense; unless not a defense
the crime is the result XPN: It cannot penalize crimes outside its territories.
of culpa Thus, the territory only includes its Terrestrial (land),
As to degree of accomplishment of the crime Fluvial (maritime and interior waters) as well as its
taken into account in The act gives rise to a Aerial (atmosphere) jurisdiction. (Art. 2 1987 PC)
punishing the crime only when it is
offender; thus, there consummated; there are 3) PROSPECTIVITY (WHEN?)
are attempted, no attempted or GR: A penal law cannot make an act punishable if it
frustrated, and frustrated stages, unless was not yet punishable during the time of
consummated stages the special law expressly commission of the crime. (No Ex post facto Law).
in the commission of penalize the mere
the crime. attempt or frustration of XPN: When there is a new law more lenient or
the crime. favorable to the accused, it can give a retroactive
As to mitigating and aggravating effect.
circumstances
mitigating and mitigating and XPN TO THE XPN: a) The new law is expressly made
aggravating aggravating inapplicable to pending actions or existing cause of
circumstances are circumstances are not actions; or b) The offender is a habitual criminal.
taken into account in taken into account in
imposing the penalty imposing the penalty. Rizza’s Note: Sa general criminal law applications
since the moral trait of pakireview na lang article 2 sa RPC. Mahaba yun e
the offender is hahaha
considered.
As to degree of participation RPC APPLIED TO SPL
there is more than one the degree of
SUPPLETORY APPLICATION OF THE REVISED
offender, the degree participation of the
PENAL CODE
of participation of offenders is not
each in the considered. All who
Art. 10 RPC Offenses which are or in the future
commission of the perpetrated the
may be punishable under special laws are not
crime is taken into prohibited act are
subject to the provisions of this Code. This Code
account in imposing penalized to the same
shall be supplementary to such laws, unless the
the penalty; thus, extent. There is no
latter should specially provide the contrary.
offenders are principal or accomplice
For Special Laws: Penalties should be imprisonment,
classified as principal, or accessory to consider.
and not reclusion perpetua, etc.
accomplice and
• Offenses that are attempted or frustrated are
accessory.
not punishable, unless otherwise stated.
• Plea of guilty is not mitigating for offenses
PART 2. APPLICATION AND punishable by special laws.
CHARACTERISTICS OF PHILIPPINE • No minimum, medium, and maximum periods
CRIMINAL LAW for penalties.
• No penalty for an accessory or accomplice,
1) GENERALITY (WHO?) unless otherwise stated.
GR: The penal law is binding on all persons who live
and sojourn in Philippine Territory. (Art. 14 CCP) Provisions of RPC applicable to special laws:
1. Art. 16 Participation of Accomplices
XPN: Except as provided in the treaties of 2. Art. 22 Retroactivity of Penal laws if favorable
preferential Application. (Art. 2 RPC) to the accused
3. Art. 45 Confiscation of instruments used in the
2) TERRITORIALITY (WHERE?) crime
GR: Criminal Laws undertake to punish crimes
committed within Philippine Territory. Penal Laws
are enforceable only within its territory.
PART 3. Constitutional limitations on PART 4. Circumstances affecting
power of Congress to enact penal laws criminal liability (SEE TABLE BELOW PARA
(Bill of Rights – 1987 PHIL CONSTI) COMPLETE)

ARTICLE 11. JUSTIFYING

No Ex Post Facto Law or bill of attainder shall 1. Self-defense

be enacted.
2. Defense of relatives
No retroactive laws / Ex Post Facto Law
3. Defense of strangers
- An act which when committed was not a crime,
4. State of necessity or the avoidance of a
cannot be made so by statute without violating
greater evil
the constitutional inhibition as to ex post facto
laws. 5. Performance of duty or lawful exercise of a
right
Ex post facto law is one which:
6. Obedience to lawful order of superior
1) Makes criminal an act done before the
passage of the law and which was innocent
when done, and punishes such an act.
ARTICLE 12. EXEMPTING
2) Aggravates a crime, or makes it greater than
1. Imbecility/Insanity
it was, when committed.
2. Minority (as amended by RA 9344, April 23,
3) Changes the punishment and inflicts a
2006)
greater punishment than the law annexed to the
crime when committed. 3. Accident

4) Alters the legal rules of evidence, and 4. Compulsion of an irresistible force

authorizes conviction upon less or different
5. Impulse of an uncontrollable fear
testimony than the law required at the time of
the commission of the offense. 6. Insuperable or lawful cause
5) Assumes to regulate civil rights and remedies
only, in effect imposes penalty or deprivation of
ARTICLE 13. MITIGATING
a right for something which when done was
lawful. Ordinary Mitigating
6) Deprives a person accused of a crime some 1. Incomplete justifying or exempting
lawful protection to which he has become circumstances
entitled, such as the protection of a former
2. Senility (over 70 years of age)
conviction or acquittal, or a proclamation of
amnesty. 3. Praeter intentionem
Bill Of Attainder – A legislative act which inflicts 4. Sufficient provocation
punishment without trial. No one shall be held to
5. Vindication of a grave offense
answer for a criminal offense without due
process of law. 6. Passion and obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Physical defects
10. Illness diminishing the exercise of will-
power
11. Analogous circumstances
Privileged Mitigating
1. Art. 68 (as amended by RA 9344) — Minors
over 15 and under 18 years of age who acted
with discernment
2. Art. 69 — If the deed is not wholly excusable
by reason of the lack of some of the conditions
required to justify the same or to exempt form
criminal liability, if majority of such conditions
are present.
ARTICLE 14. AGGRAVATING
Generic Aggravating (for purposes of
increasing the penalty lang ha)
1. Taking advantage of public position (Art.
14[1])
2. In contempt or with insult to the public
authorities (Art. 14[2])
3. Dwelling of the offended party (Art. 14[3])
4. Abuse of confidence (Art. 14[4])
5. Obvious ungratefulness (Art. 14[4])
6. Crime committed in the palace of the Chief
Executive or in his presence, or where public
authorities are engaged in the discharge of
their duties, or in a place dedicated to religious
worship. (Art. 14[5])
7. Nighttime (Art. 14[6])
8. Uninhabited place (Art. 14[6])
9. Band (Art. 14[6])
10. Conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune (Art.
14[7])
11. Aid of armed men or persons who insure or
afford impunity (Art. 14[8])
12. Recidivism (Art. 14[9]) 13. Habituality or
Reiteracion (Art. 14[10])
14. Price, reward, or promise (Art. 14[11])
15. Inundation, fire, poison, explosion,
stranding of a vessel or international damage
thereto, derailment of a locomotive, or by the
use of any other artifice involving great waste
and ruin (Art. 14[12])
16. Evidence premeditation (Art. 14[13])
17. Craft, fraud or disguise (Art. 14[14])
18. Superior strength or weakening of defense
(Art. 14[15])
19. Treachery (Art. 14[16])
20. Ignominy (Art. 14[17])
21. Unlawful entry (Art. 14[18])
22. Broken wall, roof, floor, door, or window
(Art. 14[19])
23. Aid of persons under fifteen years of age
(Art. 14[20])
24. Motor vehicles, motorized watercraft,
airships, or other similar means (Art. 14[20])
25. Cruelty (Art. 14[21])
Special Aggravating (sinama ko na yung sa
mga SPL)
1. Taking advantage of public position (Art.
62[1a] as amended by RA 7659)
2. Organized or syndicated crime group (Art.
62[1a] as amended by RA 7659)
3. Multi-recidivism or habitual delinquency (Art.
62[5])
4. Quasi-recidivism (Art. 160)
5. Complex Crimes (Art. 48)
6. Error in personae (Art. 49)
7. Exploitation of Children for Commission of 10. Exploitation of Children for Commission of
Crimes (Sec. 20[c] of RA 9344 as amended by Crimes (Sec. 20[c] of RA 9344 as amended by
RA 10630) RA 10630)
8. Use of an loose firearm in the commission of 11. Use of a loose firearm in the commission of
a felony (Sec. 29, RA 10591) a felony (Sec. 29, RA 10591) 12. Committing a
crime under the influence of dangerous drugs
9. Committing a crime under the influence of
(Sec. 25, RA 9165)
dangerous drugs (Sec. 25, RA 9165)
13. Committing a crime through and with the
use of information and communications
technologies (Sec. 6, RA 10175)
JUSTIFYING (6) EXEMPTING (7) MITIGATING (10) AGGRAVATING (21) ALTERNATIVE (3)
Art. 11 Art. 12 Art. 13 Art. 14 Art. 15
1. Anyone who acts in 1. An imbecile or an 1. Those mentioned in 1. That advantage be taken Alternative
defense of his person insane person, unless the preceding chapter, by the offender of his public circumstances are
or rights, provided the latter has acted when all the requisites position. those which must be
that the following during a lucid interval. necessary to justify or taken into
circumstances to exempt from criminal 2. That the crime be consideration as
concur; When the imbecile or an liability in the respective committed in contempt or aggravating or
insane person has cases are not attendant. with insult to the public mitigating according to
First. committed an act which authorities. the nature and effects
Unlawful the law defines as a 2. That the offender is of the crime and the
aggression. felony (delito), the court under eighteen year of other conditions
3. That the act be committed attending its
shall order his age or over seventy with insult or in disregard of
confinement in one of years. In the case of the commission. They are
Second. the respect due the offended
the hospitals or minor, he shall be the relationship,
Reasonable party on account of his rank,
asylums established for proceeded against in intoxication and the
necessity of age, or sex, or that is be
persons thus afflicted, accordance with the degree of instruction
the means committed in the dwelling of and education of the
employed to which he shall not be provisions of Art. 80. the offended party, if the
permitted to leave offender.
prevent or latter has not given
repel it. without first obtaining 3. That the offender had provocation.
the permission of the no intention to commit The alternative
same court. so grave a wrong as that circumstance of
Third. Lack 4. That the act be committed relationship shall be
of sufficient committed. with abuse of confidence or
2. A person under nine taken into
provocation obvious ungratefulness. consideration when the
on the part of years of age. 4. That sufficient offended party in the
the person provocation or threat on 5. That the crime be spouse, ascendant,
defending 3. A person over nine the part of the offended committed in the palace of descendant, legitimate,
himself. years of age and under party immediately the Chief Executive or in his natural, or adopted
fifteen, unless he has preceded the act. presence, or where public brother or sister, or
2. Any one who acts in acted with discernment, authorities are engaged in relative by affinity in the
defense of the person in which case, such 5. That the act was the discharge of their duties, same degrees of the
or rights of his minor shall be committed in the or in a place dedicated to offender.
spouse, ascendants, proceeded against in immediate vindication religious worship.
descendants, or accordance with the of a grave offense to the
provisions of Art. 80 of The intoxication of the
legitimate, natural or one committing the 6. That the crime be offender shall be taken
adopted brothers or this Code. felony (delito), his committed in the night time, into consideration as a
sisters, or his relatives spouse, ascendants, or or in an uninhabited place, or mitigating
by affinity in the same When such minor is relatives by affinity by a band, whenever such circumstances when
degrees and those adjudged to be within the same circumstances may the offender has
consanguinity within criminally irresponsible, degrees. facilitate the commission of committed a felony in a
the fourth civil degree, the court, in the offense. state of intoxication, if
provided that the first conformably with the 6. That of having acted the same is not
and second requisites provisions of this and upon an impulse so habitual or subsequent
prescribed in the next the preceding Whenever more than three
powerful as naturally to armed malefactors shall to the plan to commit
preceding paragraph, shall have produced passion said felony but when
circumstance are commit him to the care have acted together in the
or obfuscation. commission of an offense, it the intoxication is
present, and the and custody of his habitual or intentional,
further requisite, in family who shall be it shall be considered
case the revocation charged with his 7. That the offender had shall be deemed to have as an aggravating
was given by the surveillance and voluntarily surrendered been committed by a band. circumstance.
person attacked, that education otherwise, he himself to a person in
the one making shall be committed to authority or his agents, 7. That the crime be
defense had no part the care of some or that he had committed on the occasion
therein. institution or person voluntarily confessed of a conflagration,
mentioned in said Art. his guilt before the court shipwreck, earthquake,
3. Anyone who acts in 80. prior to the presentation epidemic or other calamity
defense of the person of the evidence for the or misfortune.
or rights of a stranger, 4. Any person who, prosecution;
provided that the first while performing a 8. That the crime be
and second requisites lawful act with due care, 8. That the offender is committed with the aid of
mentioned in the first causes an injury by deaf and dumb, blind or armed men or persons who
circumstance of this mere accident without otherwise suffering insure or afford impunity.
Article are present fault or intention of some physical defect
and that the person causing it. which thus restricts his
defending be not means of action, 9. That the accused is a
induced by revenge, defense, or recidivist.
5. Any person who act
resentment, or other under the compulsion communications with
evil motive. of irresistible force. his fellow beings. A recidivist is one who, at the
time of his trial for one
4. Any person who, in 9. Such illness of the crime, shall have been
6. Any person who acts previously convicted by final
order to avoid an evil under the impulse of an offender as would
or injury, does not act diminish the exercise of judgment of another crime
uncontrollable fear of embraced in the same title
which causes damage an equal or greater the will-power of the
to another, provided offender without of this Code.
injury.
that the following however depriving him
requisites are present; of the consciousness of 10. Habituality
7. Any person who fails his acts.
to perform an act
First. That required by law, when 11. That the crime be
the evil prevented by some 10. And, finally, any committed in consideration
sought to be lawful insuperable other circumstances of of a price, reward, or
avoided cause. a similar nature and promise.
actually analogous to those
exists; above mentioned. 12. That the crime be
committed by means of
Second. inundation, fire, poison,
That the explosion, stranding of a
injury feared vessel or international
be greater damage thereto, derailment
than that of a locomotive, or by the
done to use of any other artifice
avoid it; involving great waste and
ruin.
Third. That
there be no 13. That the act be
other committed with evidence
practical and premeditation.
less harmful
means of 14. That the craft, fraud or
preventing it. disguise be employed.

5. Any person who 15. That advantage be taken

acts in the fulfillment of superior strength, or
of a duty or in the means be employed to
lawful exercise of a weaken the defense.
right or office.
16. That the act be
6. Any person who committed with treachery
acts in obedience to (alevosia).
an order issued by a
superior for some
There is treachery when the
lawful purpose.
offender commits any of the
crimes against the person,
employing means, methods,
or forms in the execution
thereof which tend directly
and specially to insure its
execution, without risk to
himself arising from the
defense which the offended
party might make.

17. That means be

employed or circumstances
brought about which add
ignominy to the natural
effects of the act.

18. That the crime be

committed after an unlawful
entry.

There is an unlawful entry

when an entrance of a crime
a wall, roof, floor, door, or
window be broken.

19. That as a means to the

commission of a crime a
wall, roof, floor, door, or
window be broken.

20. That the crime be

committed with the aid of
persons under fifteen years
of age or by means of motor
vehicles, motorized
watercraft, airships, or other
similar means. (As amended
by RA 5438).

21. That the wrong done in

the commission of the crime
be deliberately augmented
by causing other wrong not
necessary for its
commissions.