PRE-TEST 1

CRIM 1
GENERAL PRINCIPLES AND CONCEPTS

Name: LIM I, Patricia Jade J.

Section: BSC 3E

1. State the definition of Criminal or Penal Laws.

Criminal Law

- “Is that branch of public substantive law which defines crimes, treats of their nature, and
provides for their punishment.”

2. What are the Sources of Criminal Law in the Philippines?

Sources of Criminal Law
1. The Revised Penal Code
2. Special Laws
3. Presidential Decrees

3. What are the Characteristics of Criminal Law?

Characteristics of Criminal Law
1. Generality
- The generality of criminal law provides that criminal law applies to all persons who live
or sojourn in the Philippines, subject to the principles of public international law and to treaty
stipulations. (Art. 14, Civil Code)
2. Territoriality
- It states that our law is only applicable throughout the Philippine territory.
- The territory of the country is not limited only to the land but includes its atmosphere,
its interior waters and maritime zone. (Art. 2, RPC)
- Terrestrial jurisdiction is the jurisdiction exercised over land.
 - Fluvial jurisdiction is the jurisdiction exercised over maritime and interior
waters.
- Aerial jurisdiction is the jurisdiction exercised over the atmosphere.
3. Prospectivity
- It specifies that an act cannot be made punishable if it was not punishable at the time it
was committed. Only if they are committed after a penal law has already taken effect will
they be subject to punishment.
- As provided in Article 366 of the Revised Penal Code, crimes are punished under the
laws in force at the time of their commission.

Laws shall have no retroactive effect, unless the contrary is provided. (Art. 4, Civil Code of the
Philippines)

4. What are the Limitations on enactment of criminal laws?

Limitations on enactment of criminal laws

1. Equal protection

Article III, Sec. 1, 1987 Constitution. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be denied the equal protection of the
laws.

2. Due process

Art. III, Sec. 14 (1), 1987 Constitution. No person shall be held to answer for a criminal
offense without due process of law.

- Must be general in application.

3. Non-imposition of cruel and unusual punishment or excessive fines

Art III, Sec. 19, 1987 Constitution. Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

(a) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346)

4. Bill of attainder

5. Ex post facto law

5. What is an Ex Post Facto Law?

Ex Post Facto Law is one which:

1. It makes criminal an act done before the passing of the law and which was innocent
when done, and punishes such an act.

2. It aggravates a crime, or makes it greater than it was, when committed;

3. It changes the punishment and inflicts a greater punishment than the law annexed to
the crime when committed;

4. It alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;

5. It assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and

6. It deprives a person accused of a crime some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty. (Reyes, The Revised Penal Code citing In re: Kay Villegas Kami, Inc.)

No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22, 1987 Philippine
Constitution)

6. What is a Bill of Attainder?

Bill of Attainder

- A legislative act that inflicts punishment without a judicial trial. Its essence is the
substitution of a legislative for a judicial determination of guilt. (People vs. Ferrer, 48
SCRA 382, 395)

No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22, 1987 Philippine
Constitution)

7. State the Theories in Criminal Law.

Theories in Criminal Law

1. Classical Theory

- Because man is fundamentally a moral entity with complete freedom to choose between
good and evil, therefore the outcome of the criminal act is given greater weight than the
criminal himself.

2. Positivist Theory

- Man is periodically possessed by a strange and morbid phenomenon that causes him to
commit wrong despite or against his will.

3. Eclectic/Mixed Theory

- It combines both positivist and classical thinking.

- Economic and social crimes by nature should be dealt with in a positivist manner,
resulting in a more humane legislation. Heinous crimes should be dealt with in a classical
manner; thus, capital punishment.

4. Utilitarian Theory

- The basic goal of criminal law punishment is to protect society from both existing and
potential wrongdoers.

8. What are Mala in se and Mala prohibita crimes?

Mala in se (singular malum in se)
- a crime or an act which are wrongful in itself or that is inherently immoral
Mala prohibita (singular malum prohibitum)
- a crime or an act that is unlawful/wrong because it is prohibited by law but not
inherently evil.

9. Distinguish between mala in se and mala prohibita crimes.

Mala In Se Mala Prohibita

Law violated
Moral trait of the offender
Good faith as defense
Generally, the Revised Penal Generally, the Special Penal
Code. Laws.
The moral trait of the offender The moral trait is not
is considered considered
Good faith or lack of criminal Good faith is not a valid
intent is a valid defense. defense.
Stage of accomplishment
Mitigating and Aggravating
circumstances
Degree of participation
The degree of accomplishment The act gives rise to a crime
of the crime is taken into only when it is consummated.
account for the punishment.
They are taken into account in They are not taken into
imposing penalty. account.
While there are many All those who committed the
offenders, the degree of each illegal act face the same
offender's involvement in the punishment.
offense is considered when
determining the penalty;
principal, accomplice and
accessory offender.

10. State the Pro Reo Doctrine.

Doctrine of Pro Reo

- “Whenever a penal law is to be construed or applied and the law admits of two
interpretations - one lenient to the offender and one strict to the offender, that
interpretation which is lenient or favorable to the offender will be adopted.”

- If a law allows both lenient and strict interpretation, then the law to be implemented is
the one that is more lenient or favorable to the accused.

- “In case of doubt, then for the accused” or innocent until proven guilty.

- Art. III, Sec. 14(2), 1987 Constitution. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved.
References:
1. The 1987 Constitution of the Republic of the Philippines
2. Act No. 3815, the Revised Penal Code of the Philippines (1930)
3. Republic Act No. 386, the Civil Code of the Philippines (1949)
4. UP Law Bar Operations Commission, UP Law Bar Criminal Law Reviewer, 2012
https://pdfcoffee.com/up-criminal-law-reviewerpdf-pdf-free.html
5. Elmer P. Brabante, Criminal Law Reviewer, 2011
https://meomallorca.files.wordpress.com/2013/05/criminal-law-review.pdf
6. Rene Callanta, Codal and Notes in Criminal Law Book I
https://www.pinayjurist.com/wp-content/uploads/2017/12/CRIMINAL-LAW-
Reviewer.pdf