INTRO – MODULE 15 (Criminal Law) [WEEK 17]

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MODULE 15
CRIMINAL LAW
WEEK 15

 HISTORICAL BACKGROUND. – Our

Revised Penal Code was based on the Spanish Penal Code
of 1870. It is based on the classical school of thought, as
distinguished from the positivist school of thought.

 Classical School of Thought – This school of

thought assumes that men have free will – that they know
what is right and what is wrong; and, as rational beings,
they are guided by the thought that a crime carries with it
a corresponding penalty.

 Positivist School of Thought – This school of

thought views a criminal merely as a sick man who needs
reformation and cure instead of punishment.

 CRIMINAL LAW DEFINED. – It is that

branch of public law which defines crimes, treats of their
nature and provides for their punishment.
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 SOURCES OF CRIMINAL LAW. – The

primary source of criminal law is the Revised Penal Code of
the Philippines (Act No. 3815, enacted on 8 December
1930), which took effect on 01 January 1932, as well as
other penal provisions contained in special laws.

 Scope – The Revised Penal Code is divided

into three (3) parts, namely:

(a) Principle affecting criminal liability (Arts.

1-20, RPC);

(b) Penalties which include civil and

criminal liability (Arts. 21-113, RPC);

(c) Felonies defined by different titles.

(Arts. 114-367, RPC);

 THREE BASIC CHARACTERISTICS

OF CRIMINAL LAW. –

(A) Generality. – This means that the Philippine

criminal laws are binding on all persons who live or
sojourn in the Philippines (Art. 14, Civil Code). Whoever
you are, whatever your creed, religion, sex or nationality,
as long as you reside in the Phhilippine territory, penal
laws of the Philippines shall apply to you.
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 Illustrative Example – Under the state

laws of Texas, U.S.A., any person may purchase and
possess a firearm for his own protection without securing
a license therefor from the government. George, a U.S.
citizen and resident of Houston, Texas, came to the
Philippines on vacation. He brought with him a Smith and
Wesson handgun, which was confiscated from him upon
his arrival at the Ninoy Aquino International Airport. As a
consequence, a criminal case for illegal possession of
firearms was filed against George before the Regional Trial
Court of Pasay City. George alleges in his defense that he
cannot be prosecuted nor convicted of illegal possession
of firearm because the laws of Texas, U.S.A., of which he is
a citizen and resident, does not require a government
license for its possession.

Question: Is the contention of George correct?

Answer: NO. The contention of George is untenable.

George is sojourning in Philippine territory. Under the
laws of the Philippines, no person shall be allowed to
possess and carry any firearm unless it is previously
registered and a license obtained therefor before the
Firearms and Explosives Office (FEO) of the Philippine
National Police. Consistent with the principle of
territoriality, George can be charged and prosecuted for
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illegal possession of firearms committed within Philippine

territory.
 Exceptions to generality – Exceptions to the
principle of generality are as follows:

(1) Treaty stipulations

(Example: RP-US Visiting Forces
Agreement)

(2) Laws of Preferential Application

(Example: R.A. No. 75 preserves

immunities and privileges of diplomatic
representatives)

(3) Principles of Public International Law

(B) Territoriality. – This means that penal laws are only

effective within the territorial confines of one’s jurisdiction
– be it land, maritime, interior waters, and atmosphere.
Hence, criminal acts committed outside the territory of the
Philippines are not within the jurisdiction of Philippine
authorities to prosecute.

 Illustrative Examples –

 While working in Japan, Millie killed a Japanese

businessman. Millie was able to go back to the Philippines
before charges were filed against her in Japan.
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Question: On the basis of the testimony of her Filipino co-

workers who were eyewitnesses to the crime, can a charge
for homicide be filed against Millie in our Philippine court
now that she is in the Philippines?

Answer: NO. As our penal laws are territorial in nature, it

will penalize only those acts defined as criminal acts
committed within the Philippine territory. Crimes
committed even by Filipinos outside of the Philippines do
not come within the ambit of our criminal laws. In this
case, since Millie committed the crime in Japan, our
Philippine courts do not have jurisdiction to try the case.

 Lorie is married to Lito. After six years of marriage,

they separated due to irreconcilable differences. Lito then
went to Australia to work as a nurse. Two years after Lito
left, Lorie came to know that Lito married Dolor, a Filipina
nurse, in Australia. Three years thereafter, Lito and Dolor
came back to the Philippines. Lorie then filed an action for
bigamy against Lito and Dolor.

Question: Under the facts, will the action for bigamy

prosper?

Answer: NO. Under Article 349 of the Revised Penal

Code, bigamy is defined as the act of contracting a second
or subsequent marriage before the former marriage has
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been legally dissolved or before the absent spouse has

been declared presumptively dead by means of a
judgment render in the proper proceedings. In this case,
since the second marriage was contracted by Lito in
Australia, the crime of bigamy is considered to have been
committed outside the territorial jurisdiction of the
Philippines; hence, an action to prosecute Lito for bigamy
in the Philippines will not prosper.

Note: When Lito and Dolor come back to the Philippines

and live together as husband and wife, they can be
prosecuted for concubinage (Art. 334, RPC) since their
illegal cohabitation is committed within our country’s
territory. Lorie can likewise file a civil case for legal
separation (Art. 55, No 7, Family Code) on the ground of
Lito’s having contracted a subsequent marriage abroad.

 Exceptions to territoriality – However, the

provisions of the Revised Penal Code shall be applicable in
the following cases even if the felony is committed outside
of the Philippines (Art. 2, RPC):

(1) When the offender should commit an offense while on

a Philippine ship or airship.
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(2) When the offender should forge or counterfeit any

coin or currency note of the Philippines, or obligations
and securities issued by the Philippine government;

(3) When the offender should be liable for acts connected

with the introduction into the Philippines of the
obligations and securities mentioned in the preceding
number.

(4) When the offender, being a public officer or employee,

should commit an offense in the exercise of his public
functions [i.e., direct bribery (Art. 210, RPC), indirect
bribery (Art. 211, RPC), and malversation of public
funds or property (Art. 217, RPC)]; or

(5) When the offender should commit any of the crimes

against national security and the law of nations [i.e.,
treason (Art. 114, RPC), espionage (Art. 117, RPC),
and piracy and mutiny in the high seas (Art. 122,
RPC)].

(C) Prospectivity/Irretrospectivity. – This means that

penal laws only take effect after its effectivity date. In
other words, penal laws look forward and not backward.
It cannot punish acts committed before the effectivity of
the penal law violated.
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 Exceptions – However, penal laws may be

given retroactive effect, provided that:

(a) It is favorable to the accused or

convict.

(b) The accused or convict is not a

habitual delinquent as defined in
Article 22 of the Revised Penal Code.

 IMPORTANT LEGAL MAXIMS IN

CRIMINAL LAW. –

(A) Pro Reo – The doctrine of pro reo simply

refers to the construction or application of penal laws. In
the event the law admits of two interpretations – one
lenient and the other harsh as far as the offender is
concerned, that interpretation which is lenient or
favorable to the offender will be considered.

 Rationale – This is in line with the

fundamental rule that all doubts, only in criminal cases,
shall be resolved in favor of the accused in harmony with
the constitutional exhortation that an accused in
presumed innocent until proven guilty.
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(B) Nullum crimen nulla poena

sine lege – This doctrine is simply
translated as “there is no crime when
there is no law punishing it.” But such is
only applicable to civil law jurisdictions
and not to common law countries.
(C) Actus non facit reum, nisi mens sit rea – This
doctrine refers to the criminal intent. “The act itself does
not make a man guilty unless his intention were so.”
Therefore, a crime is not committed if the mind of the
person performing the act complained of is innocent.

 Note: This doctrine applies only to cases

involving dolo and not culpa.

 TWO CONSTITUTIONAL
LIMITATIONS ON THE POWER OF THE
LEGISLATURE TO ENACT PENAL LAWS. –

(A) No person shall be made to answer for a

criminal offense without due process of law. (Sections 1 &
14, Bill of Rights, 1987 Constitution.)

(B) No ex post facto law

or bill of attainder shall be
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enacted. (Section 22, Bill of

Rights, 1987 Constitution.)

 Ex post facto law – Ex

post facto literally means “after
the fact”. Putting it simply, it is a
law passed after someone has
committed some legal act until
said law was passed making it illegal. A person cannot be
retroactively prosecuted for the act that was committed
while it was legal. An example of an ex post facto law is a
law passed in 2020 that applies to and punishes acts that
were committed in 2019.

 Bill of attainder – It is a legislative act which

inflicts punishment without a trial. The Bill of Attainder
clause in the constitution protects citizens against the
legislature carrying out functions of the judicial branch. It
protects the people from being found guilty by legislative
act as opposed to a court.

 Example: Brianne is a member of the

Communist Party. Brianne applies for a job as a teacher at
her local elementary school and is refused, based on this
statute: “Members of any subversive group, including the
Communist party, cannot hold public office nor teach for a
public institution.” Brianne can attack this statute as a bill
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of attainder. Its provisions, targeting members of the

Communist party or any other subversive group, punish by
eliminating career opportunities. The members targeted
are punished without a trial or any adjudication of their
rights. Thus, this statute allows the legislature to impose a
sanction without a trial in violation of the Constitution’s
prohibited powers.

(C) Excessive fines shall not be imposed, nor cruel,

degrading or inhuman punishment inflicted. (Sections 19,
Bill of Rights, 1987 Constitution.)

 ‘FELONY’, ‘CRIME’ AND ‘OFFENSE’

DISTINGUISHED. –

 Felony – An act or omission punishable by

the Revised Penal Code, and not by any special penal law.
(Art. 3, RPC.)

 Offense – An act or omission punishable

under special penal laws.

 Crime – It generally refers to a violation of

the law; hence, includes both felony and offense.
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 TYPES OF FELONIES ACCORDING

TO THE MEANS BY WHICH THEY
ARE COMMITTED. –

(A) Intentional felonies – These are felonies

committed by dolo or deceit. There is deceit when the act
is performed with deliberate intent.

(B) Culpable felonies – These are felonies committed by

culpa or fault. There is fault when the wrongful act results
from imprudence, lack of foresight or lack of skill.


HOW CRIMINAL LIABILITY IS
INCURRED. – Under Article 4 of the Revised Penal
Code, criminal liability shall be incurred:

(A) By any person committing a felony (delito),

although the wrongful act done be different from that
which he intended (Art. 4, par. 1, Revised Penal Code).

 Rationale – “El que es causa de la causa es

causa del mal causado”. He who is the cause of the cause
is the cause of the evil caused.

 Example: Where the accused, without

intent to kill, struck the victim with his fist on the back part
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of the head from behind, causing the victim to fall down

with his head hitting the asphalt pavement and resulting in
the fracture of his head, it was held that the accused was
liable for the death of the victim, although he had no
intent to kill said victim. (People vs. Cagoco, G.R. No. L-
38511, 6 October 1933.)

(B) By any person performing an act, which would be

an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means
(Art. 4, par. 2, RPC).

 Impossible Crimes. – The commission of an

impossible crime is indicative of criminal propensity or
criminal tendency on the part of the actor. Such person is
a potential criminal. The community must be protected
from anti-social activities, whether actual or potential, of
the morbid type of man called “socially dangerous
person.”

 Example: Ador fired at Benny, who was

lying in bed, not knowing that Benny was dead hours
before. In a crime against persons, as would have been in
this case, it is necessary that the victim would be injured
or killed. A dead person cannot be injured or killed. Had
Benny been alive when he was shot, and as a consequence
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he died, the crime committed by Ador would have been

murder, a crime against persons. In this case, Ador will be
prosecuted for the commission of an impossible crime and
should be punished for it in accordance with Article 4,
paragraph 2, in relation to Article 59.1

DEGREE OF CONSUMMATION OF
FELONIES/STAGES OF EXECUTION. – Crimes
are executed in three stages:

(A) Consummated – There is a consummated

felony when all the elements necessary for its execution
and accomplishment are present.

 Example: Orly, with intent to kill Via, fires

his gun at her, inflicting a mortal wound, and causing her
instantaneous death. Here, Orly has performed all the
elements necessary for the commission of the
consummated crime of homicide.

1
Art. 59. Penalty to be imposed in case of failure to commit the
crime because the means employed or the aims sought are impossible. –
When the person intending to commit an offense has already performed the
acts for the execution of the same but nevertheless the crime was not
produced by reason of the fact that the act intended was by its nature one of
impossible accomplishment or because the means employed by such person
are essentially inadequate to produce the result desired by him, the court,
having in mind the social danger and the degree of criminality shown by the
offender, shall impose upon him the penalty of arresto mayor or a fine ranging
from 200 to 500 pesos.
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(B) Frustrated – There is a frustrated felony 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.

 Example: In the immediately preceding

example, although Orly has performed all the acts of
execution to produce the felony of homicide, but due to
immediate medical attention Via survives, the crime
committed is frustrated homicide. Here the nature of the
wounds inflicted is mortal and, were it not for the prompt
medical attention given, Via would not have survived.

(C) Attempted – There is an attempted felony 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.

 Example: Dante picked the pocket of

Penelope, inside of which was a wallet containing
P10,000.00. Before Dante could remove it from
Penelope’s pocket, she grabbed his hand and prevented
him from taking it. In this case, Dante failed to perform all
the acts of execution (that is, taking the wallet) because of
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a cause (that is, the timely discovery by Penelope of the

overt act of Dante) other than his own spontaneous
desistance.

CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY. –

(A) Justifying circumstances – Persons who

commit crimes when any of the justifying circumstances
are present are said to have acted in accordance with law,
and therefore do not incur criminal or civil liability.

 Example: Acting in self-defense under

Article 11, par. 1 of the Revised Penal Code.

FACTS: The accused, a woman, was walking home with a

party including the deceased, Francisco Rivera. It was
already dark and they were passing a narrow path. When
the other people were far ahead, the deceased who was
following the accused suddenly threw his arms around her
from behind, caught hold of her breasts, kissed her, and
touched her private parts. He started to throw her down.
When the accused felt she could not do anything more
against the strength of her aggressor, she got a knife from
her pocket and stabbed him.
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HELD: She was justified in making use of the knife in

repelling what she believed to be an attack upon her
honor since she had no other means of defending herself.
(People vs. De la Cruz, G.R. No. 41487, 2 May 1935, 61
Phil. 422)

(B) Exempting circumstances – The presence of

exempting circumstances in the commission of a crime will
exempt the perpetrator from criminal liability, but not
from civil liability.

 Example: Under Article 12, paragraph 4, any

person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or
intention of causing it, is exempted from criminal liability,
but not from civil liability.

FACTS: The accused, while hunting, saw wild chickens

and fired a shot. The slug, after hitting a wild chicken,
recoiled and struck the tenant who was a relative of the
accused. The man who was injured died.

HELD: If life is taken by misfortune or accident while the

actor is in the performance of a lawful act executed with
due care and without intention of doing harm, there is no
criminal liability. (U.S. vs. Tañedo, G.R. No. L-5418, 12
February 1920, 15 Phil. 196.)
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There is no question that the accused was engaged in

the lawful performance of a lawful act when the accident
occurred. He was not negligent or at fault, because the
deceased was not in the direction at which the accused
fired his gun. It was not foreseeable that the slug would
recoil after hitting the wild chicken.

(C) Mitigating circumstances – The presence of one or

more mitigating circumstances, when a crime is
committed, can serve to reduce the penalty imposed.
 Example: The accused, after plunging a bolo
into the victim’s chest, ran toward the municipal building.
Upon seeing a patrolman, he immediately threw away his
bolo, raised his two hands, offered no resistance and said
to the patrolman, “Here is my bolo, I stabbed the victim.”
There was intent or desire to surrender voluntarily to the
authorities. (People vs. Tenorio, G.R. No. L-15478, 30
March 1962, 4 SCRA 700). In this case, the court
considered voluntary surrender under Article 13,
paragraph 7 of the Revised Penal Code as a mitigating
circumstance in imposing the penalty on the accused.

(D) Aggravating circumstances – The presence

of aggravating circumstances will increase the penalty
imposed under the crime upon conviction.
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 Example: Under Article 14, paragraph 7, of

the Revised Penal Code, that the crime is committed on
the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune, is an
aggravating circumstance. This aggravating circumstance
can be taken into consideration in the case of a fireman
who commits robbery in a burned house, or that of a thief
who immediately after a destructive typhoon steals
personal property from the demolished houses.

* * * END * * *
HAPPY READING & LEARNING!


SOURCES of NOTES:

The discussions outlined in this module

have been collectively lifted from the
cases cited and commentaries made by
the authors in the references cited
below:

1. Dascil, Rodelio T. Introduction to Law. Manila: Rex

Book Store, 2013.
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2. Lizaso, Marcelino T. Introduction to Law. Quezon

City: Central Lawbook Publishing Co., Inc., 1991.

3. Reyes, Luis B. The Revised Penal Code, Book I.

Manila: Rex Book Store, 2017.

4. Suarez, Rolando A. Introduction to Law. Manila:

Rex Book Store, 2017.

FOOD FOR
THOUGHT
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