INNOVATIVE COLLEGE OF SCIENCE & TECHNOLOGY

Malitbog, Bongabong, Oriental Mindoro

CRIMINOLOGY DEPARTMENT

INTRODUCTION TO CRIMINOLOGY
CRISMARK NALING1 MARIANO

I. OBJECTIVES
At the end of this lesson, the student should be able to:
 Define criminal law.
 Trace the history of criminal law.
 Explain the characteristics of criminal law.
 Discus the stages in the commission of felonies
 Explain the circumstances affecting criminal liability

II. TIME FRAME

Week 4 – August 30- Sept. 3, 2021
3 hours

III. TOPIC

CHAPTER 3
CRIMINAL LAW

It is impossible to study crimes without studying criminal law because crimes are defined by the
criminal laws punishing them. This is the essence of the Latin principle, nullum crimen nulla poena sine lege.
Stated in English, this principle in criminal law means there is no crime when there is no law punishing the act.
In the absence of law, an act cannot be considered illegal and , therefore, is not punishable.
Criminal law is defined as that branch of public law which defines crimes, treats of their nature
and provides for their punishment. It is also sometimes referred to as penal law.
The sources of the Philippine criminal law are the Revised Penal Code, or RPC, the special penal laws
enacted by the Philippine Congress and the Penal presidential decrees issued by the former President Marcos
during the martial law years.
Criminal laws have evolved from ancient laws established by the early civilizations all over the world.
In order to better understand how criminal laws have become what they are today, it is necessary to look back at
how criminal laws originated.

THE EARLY CODES

In the prehistoric times, there were no written laws to regulate human conduct. However, men still found
ways to avenge themselves from harm and injury caused by another. They designed their own system of justice
according to what they believed was right and fair based on their way of life, beliefs and the norms of their
times.
Since there were no written laws, no police officers, judges and prison authorities back then, justice was
served according to how the elders of the tribes saw fit. Punishment may be in the form of expulsion from their
tribe or community. When a wife was unfaithful to her husband, the husband had the right to murder the
offending wife a2nd her over. Also, victims and the victim’s family, or clan, were allowed and actually expected
to take revenge against his offender.
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 However, as civilizations continued to flourish, so did their laws and justice system. It was discovered
that some ancient civilizations already had written laws and a form of criminal justice system during their time.
Some of which are the following:

1. CODE OF HAMMURABI
Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first
codifier of laws. It is believed that it was during his reign that the code was created, thus, it was named after
him. This code, which was carved in stone, provided the first comprehensive view of the laws during his time.
The provisions of the code were premised on the law of talion, or the principle of “an eye for an eye, a tooth
for a tooth”. Under the principle of the law talion, the punishment should be the same as the harm inflicted on
the victim.

2. THE HITTITES
The Hittites existed about two centuries after the reign of Hammurabi and they eventually
conquered Babylon. The laws of the Hittites may also be characterized as brutal, just like the code of
Hammurabi, because they used death as punishment for many offenses.

3. CODE OF DRAKON
This was codified by Drakon, an Athenian lawgiver in Athens, Greece, in the seventh century BC. This
was known as the ultimate in severity because of its severe penalties even for simple offenses.

4. LAWS OF SOLON
Solon, also an Athenian, was disappointed archon and was given legislative powers. During his
time, he repealed almost all the laws of the code of Drakon and created laws that provided just punishments. He
was one of the first to see that lawgiver had to make laws that applied equally to all citizens and also saw that
law of punishment had to maintain proportionality to the crimes committed.
Solon had a great impact in the history of law-making that now the term “solon” is used to refer to any
member of the Senate or House of Representatives.

5. ROME’S TWELVE TABLES

Roman law began with the Twelve Tables which were written in the middle of the sixth century
BC by the Decemvirs. It was written in tables of bronze and became the foundation of all laws in Rome.

As civilization continued to grow, develop and progress, more laws were created and new systems of
justice were established. And for as long as men and society exist, laws would continue to evolve in order to
adapt to the changing ties and meet the demands of society.

THE REVISED PENAL CODE

One of the sources of the Philippine criminal law is Act No. 3815, otherwise known as the Revised
Penal Code or RPC. It was approved on December 8, 1930, became effective on January 1, 1932 and remains
enforceable up to this day, except for those provisions that have already been repealed through the passage of
the other special penal laws over the years. It was translated from the original Penal Code by the committee
created by virtue of Administrative Order 94 issued on October 18, 1927 by the Department of Justice.
The RPC is composed of two books: Book One and Book Two. Book One consists of two parts: basic
principles affecting criminal liability, Articles 1-20 and the provisions on penalties, Article 21-113.
Book Two contains the felonies defined with the corresponding penalties and these are classified under the
different titles, Articles 114-365.

CHARACTERISTICS OF CRIMINAL LAW

Criminal law has the following characteristics:

1. It is general in application or GENERALITY:

The provisions of the criminal or penal law must be applied equally to all persons within the territory
regardless of sex, race, nationality and other personal circumstances, with the following exceptions:
a. heads of the state or country
b. foreign diplomats ambassadors

2. It is territorial in character or TERRITORIALITY:

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 As part of the right of a state to self-preservation, each independent country has the right to promulgate
laws enforceable within its territorial jurisdiction, subject only to the limitations imposed by treaties of
preferential applications and by the operation of international laws of nations. The Revised Penal Code and the
other special laws are applicable only to the areas within the Philippine territorial jurisdiction, such as:
a. Philippine archipelago – all the island that comprise the Philippines.
b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers and streams.
c. maritime zone – the twelve (12)-mile limit beyond our shore measured at low tide.

However, there are exceptions to the territorial characteristics of the RPC. Accordingly, The Revised
Penal Code shall be applicable to all cases committed outside the Philippine territorial jurisdiction under the
following circumstances:
a. should commit an offense while on Philippine ship or airship.
b. should forge or counterfeit any coin or currency note of the Philippine Island or obligations and
securities issued by the government of the Philippines.
c. while being a public officer or employee, should commit an offense in the exercise of their functions
d. should commit any of the crimes against national security and laws of nations.

3. It is prospective or irretrospective/ PROSPECTIVITY:

No person may be punished for his act when at the time he committed the act; it is still not yet
punishable by law. However, penal laws may be given retroactive effect when those are favorable to the
accused.

4. It is specific and definite.

Criminal law must give a strict definition of a specific act which constitutes an offense. Where there is
doubt as to whether a definition embodied in the Revised Penal Code applies to the accused or not, the judge is
obligated to decide the case in favor of the accused. Criminal law must be construed liberally in favor of the
accused and strictly against the state.

5. It is uniform in application.

An act describe as a crime is a crime no matter who committed it, wherever committed in the
Philippines and whenever committed. No exceptions must be made as to the criminal liability. The definition of
crimes together with the corresponding punishments must be uniformly construed, although there may be a
difference in the enforcement of a given specific provision of the penal law.

6. There must be a penal sanction or punishment.

Penal sanction is the most essential part of the definition of the crime. If there is no penalty to prohibited
act, its enforcement will almost be impossible. The penalty is acting as deterrence and as a measure of self-
defense of the state to protect society from the threat and wrong inflicted by the criminal.

FELONY

Felony, or delito, is an act or omission punishable by law which is committed by means of dolo or
deceit or culpa or fault and punishable under the Revised Penal Code.
Felonies committed by means of dolo or deceit are called intentional felonies, while those committed
by means of culpa or fault are called culpable felonies.
Intentional felonies are performed with deliberate intent or malice. The elements are freedom or
voluntariness, intelligence and intent. There is freedom or voluntariness when the person acted or his own
accord, without irresistible force and/or uncontrollable fear. There is intelligence when the person who
committed the crimes has the ability to determine what is right from what is wrong and the ability to appreciate
the consequences of his act. There is intent when the person knowingly and purposely committed the crime to
obtain the desired result.
Culpable felonies are acts that were done not maliciously and the injury caused by the offender is
unintentional, it is being simple the incident of another act performed without malice. The elements of culpable
felonies are imprudence, negligence, lack of foresight and lack of skill. Imprudence is defined as deficiency in
action, or failure to take the necessary precaution to prevent the danger due to carelessness. Negligence is

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defined as deficiency in perception, or failure to foresee the danger. There is lack of foresight when the crime
resulted due to the person’s inability to predict the obvious possible outcome of his actions. Finally, there is a
lack of skill when the crime resulted because the person does not have the necessary skill to perform the action
safely.

STAGES IN THE COMMISSION OF FELONIES

The Revised Penal Code further classified felonies according to the stage of its commission. These three
stages are consummated, frustrated and attempted.

It is consummated when all the elements necessary for its execution and accomplishment are present.
It is frustrated when the offender has performed all the acts of execution which will produce the felony
as a consequence but which nevertheless do not produce it, by reason of causes independent of the will of the
perpetrator.
And it is attempted when the offender commences the commission of a crime 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.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

There are circumstances provided by the RPC that affect criminal liability of the offender. These
circumstances can increase, decrease or extinguish the penalty imposable. They are called justifying,
exempting, and mitigating, aggravating and alternative circumstances.

Justifying circumstances are those where the act a person is said to be in accordance with the law, so
that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
Exempting circumstances are those grounds for exemption from punishment because there is lacking in
the agent of the crime any of the conditions which make the act voluntary or negligent.
Mitigating circumstances are those which, if present in the commission of the crime, do not entirely
free the actor from criminal liability, but serve only to reduce the penalty.
Aggravating circumstances are those which, if attendant in the commission of the crime, serve to
increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
And finally, alternative circumstances are those which must be taken into consideration as aggravating
or mitigating according to the nature and effects of the crime and the other conditions attending its commission.

IV. COMPREHENSION CHECK-UP

1. What is criminal law?

2. Explain the characteristics of criminal law.
3. What are the stages in the commission of felonies and distinguish from one another?
4. Enumerate and explain the circumstances affecting criminal liability.

Checked by:

MELODY C. DIMAPILIS
Department Head

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