SUMMARY NOTES FOR CRIMINAL LAW I a.

Philippine Commission
b. Philippine Assembly
Summarized by:
c. Philippine Legislature
Jose Nazario T. Daquigan d. National Assembly
e. Congress of the Philippines
f. Batasang Pambansa
Supporting links for study: 3. Penal Presidential Decrees from Martial Law

https://www.brainscape.com/flashcards/introduction-to-criminal-
law-4083080/packs/6095891
https://www.thefreedictionary.com/bill+of+attainder
CRIMINAL LAW
Branch of law which defines crime and treats of its nature, and
provides for their punishment.
CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL - criminal law is binding on all who reside or live
temporarily in the Philippine Territory.
2. TERRITORIAL – criminal laws undertakes to punish crimes
committed within the Philippine Territory.
3. PROSPECTIVE – a penal cannot make an act punishable in a
manner which it was not punishable when committed.
CRIME
An act committed or omitted in violation of public law
forbidding/commanding it.
SOURCES FOR PHILIPPINE CRIMINAL LAW:
1. The Revised Penal Code and its Amendments
2. Special Penal Laws by:
POINTS TO PONDER:
1. Courts are not sources of Criminal law because they merely
apply and explain such laws.
2. The state (police power) has the authority to define and
punish crime and laydown rules for criminal procedure
3. This special right is the common will of the society to
defend and uphold the interest of the people.
4. The power of law-making body SHALL NOT enact ex post
facto or bill of attainder.
5. No person shall be held to answer for a criminal offense
without due process of the law.
CONSTITUTIONAL RIGHTS OF THE ACCUSED
(Check 1987 Philippine Constitution Article 3 Bill of Rights)
1. Right to speedy disposition of their cases before all judicial,
quasi-judicial, or any administrative bodies
2. Nobody shall be held to answer for a criminal offense
without the proper procedure of the law
3. The RIGHT TO BAIL except those who are charge with
offenses punishable by reclusion perpetua. (Bill of Rights
Article 3 Sec 13)
4. Excessive bail is not required.
5. Accused shall be presumed innocent until proven. Accused
has the right:
a. To know the nature and cause of accusation against
him.
b. To be heard by himself and counsel.
c. To have speedy or impartial public trial and to see
witness face to face.
d. To have a compulsory process to secure attendance of
witnesses and evidence.
e. After arrangement, trial may proceed without the
accused given that he is notified and his failure to
attend is justified.
6. No person shall be compelled to be a witness against
himself:
a. Must be informed his right to remain silent
b. Right to have a competent counsel of his own choice.
c. If cannot afford one, he must be provided one.
d. CANNOT be waived unless written AND witnessed by
the specified counsel.
e. Torture, threats, and secret detention are not allowed –
confessions obtained here are void.
7. Excessive fines shall not be imposed + cruel punishment
inflicted
8. Double jeopardy for the same offense is not accepted. (i.e. if
act is punishable by both law and ordinance,
conviction/acquittal in one will bar the other)
9. FREE ACCESS of courts even if one suffers from poverty.
STATUTORY RIGHTS OF THE ACCUSED
1. To be informed of the nature and caused of accusation
against him.
2. To be present and defend himself and by a counsel in all
stages of the proceeding. If it is sufficiently appearing to the
court, he may defend himself and protect his rights without
the assistance of a counsel.
3. To testify as a witness in his own behalf
4. To be exempt from being compelled as a witness against
himself.
5. To confront and cross examine the witness against him.
6. To have a compulsory process to secure attendance of
witnesses and evidence.
7. To appeal in all cases allowed as prescribed by law.
8. To be presumed innocent until proved contrary beyond
reasonable doubt.
9. To have a speed and impartial public trial.
WAIVABLE RIGHTS
Right to confrontation or cross examination (involves personal
interest)
NON-WAIVABLE RIGHTS
Right to be informed of nature or caused (involves public interest
and cannot be waived)
 2. If within foreign territory, follow foreign laws.
3. If not registered, no jurisdiction as it is considered
committed in high seas.
DIFFERENT EFFECTS ON REPEAL ON PENAL LAW
b. Forge or counterfeit any coin or currency of the Philippines
1. If the repeal makes the penalty lighter in the new law, such or obligations and security issued by the Government of the
law is applied. Philippines
2. If new law imposes heavier penalty, penalty at the time of c. Liable for acts connected with the introduction into the
commission is held. Philippine Island of the obligations and securities mentioned
3. If a new law repeals completely an existing law, crime is in letters d and e:
obliterated.
d. Public officers or employees committing a violation in the
exercise of their function.
THE REVISED PENAL CODE OF THE
PHILIPPINES Crimes that can be committed by public officials:

1. Direct or indirect bribery

2. Frauds against public Treasury
ARTICLE 1 – TIME WHEN ACT TAKES EFFECT 3. Possession of Prohibited interest
This Code has taken effect last January 01, 1932 4. Malversation of public funds
5. Failure of accountable officer to render account
6. Illegal use of public funds or property
ARTICLE 2 – APPLICATION OF ITS PROVISION 7. Falsification by an officer and abuse of position

The Code shall not only apply within our National Territory but also
outside of our jurisdiction against those who:
a. Committed an offense on Philippine Ship or Airship.
Notes:
1. Even if Philippine ship is beyond 3 miles. It is considered
an extension of our territory.
e. Crimes against national security and the law of nation (refer
to Title One of Book Two of the Revised Penal Code)
Crimes of national security includes:
1. Treason
2. Conspiracy and proposal to commit treason
3. Espionage
4. Inciting war 3. No jurisdiction on war ships
5. Violation of Neutrality (RPC Art 119)
6. Correspondence with or flight to hostile country
7. Piracy and mutiny on high seas

Notes: TITLE ONE

1. Which Courts have jurisdiction over Crimes committed FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL
on the high seas? The RTC have jurisdiction over crimes LIABILITY
committed on high seas or beyond jurisdiction of any
country on board a Philippine vessel. CHAPTER ONE
2. RULES OF FOREIGN MERCHANT VESSELS FELONIES

Such ships count as extensions of other countries as ARTICLE 3 - DEFINITIONS

well. Offenses committed on high seas are not triable. Acts and negligence punishable by law are FELONIES (delitos).

Continuing offense triable (US vs Bull – failure to bring Two ways Felony is committed:
safe passage for animals)
a. Deceit (dolo)
http://www.philippinelegalguide.com/2013/11/crim-
- Intentional felony such as robbery
law-1-case-digest-us-v-bull-1910.html
- Deliberate intent
b. Fault (culpa)
https://www.lawphil.net/judjuris/juri1910/jan1910/
- Culpable felony such as reckless imprudence
gr_l-5270_1910.html
- Negligence and lack of foresight or lack of skill.

offenses committed within AOR is triable Elements of Felonies:

a. There must be an act or omission

FRENCH RULE – Crimes not triable unless they affect the
b. Punishable by Law
peace and security of the state or territory
c. Created by means of deceit or fault
ENGLISH RULE – Triable unless merely affect internal Felonies by ACT:
management or things within (WE FOLLOW THIS)
Act of stealing or theft

Felonies by OMISSION:
Failure to give assistance to a person found wounded or in a 1. Performed against person or property.
state of dying (liable for abandonment) 2. Act done with evil intent.
3. Accomplishment is inherently impossible or means
Owing your allegiance to a certain person or group without
employed inadequate.
knowing about the possible conspiracies or outcome
4. Act does not violate a provision of the RPC.
(Treason)
LEGAL IMPOSSIBILITY
INTENTIONAL FELONIES
Intended acts, even if completed, cannot amount to a
Act or Omission is Malicious in nature: with deliberate
crime.
intent to injure.
REQUISITE OF ARTICLE 4 PROVISION 1
CULPABLE FELONIES
1. Intentional Felony
Act not malicious, unintentional and an incident without
2. Wrong done be the direct, natural, and logical
malice.
consequence.
Results from imprudence (skill) or negligence (foresight).
PROXIMATE CAUSE
CRIMES CANNOT BE DONE THROUGH IMPRUDENCE
in natural/continuous sequence unbroken by
Murder, treason, robbery, Malicious Mischief intervention, produces the injury and without which the
result wouldn’t have happened.
Malicious mischief – the unlawful destruction of another’s

Property. Natural – occurrence in ordinary course of human life or

events

ARTICLE 4 – CRIMINAL LIABILITY

ARTICLE 5 – DUTY OF THE COURT

MUST IMPOSSIBLE CRIMES BE PUNISHED? REQUIREMENTS FOR THE TRIAL OF A CRIMINAL CASE

Yes. Accused can be a potential criminal and is a danger to 1. The act is not punishable by any law.
the public and society. 2. Court deems proper to repress such act.
3. Must dismiss and acquit the accused.
REQUISITES OF IMPOSSIBLE CRIME
4. Judge makes report to Chief Executive through DOJ ENFORCING PUBLIC POLICY
stating reasons why such act should be penalized.
1. Rampant lawless acts against property, person, and
government security with the use of extreme means
“Nullum crimen, nulla poena poena sine lege”
2. Those who are selling products way higher than the SRP
This means “No law, No Crime”
are given fine which should deter them from
REQUIREMENTS FOR EXCESSIVE PENALTIES

1. Court finds the accused Guilty.

2. Penalty provided by law appears to be excessive due to:
a. Accused acted with less malice
b. No injury / less injury caused.
3. Court should not suspend the sentencing.
4. Submit statement to Chief Executive through DOJ
recommendation for clemency
SAMPLE CASES REGARDING EXCESSIVE PENALTIES
1. PEOPLE VS MONLEON
Drunk father maltreats wife who was defending negligent
son. Wife dies due to weak constitution. Death penalty
would be too excessive since he would not have assaulted
wife if not for drunk state. EXCESSIVE PENALTY!
ARTICLE 6 – CONSUMATED, FRUSTRATED AND ATTEMPTED
FELONIES
CONSUMMATED FELONY
All the elements necessary for the accomplishment are
done.
When the felony has two or more elements and one of
them is not proved by the prosecution in the trial, either:
1. Felony is not consummated.
2. Felony is not committed
3. Another felony was accomplished.

2. PEOPLE VS ESPINO

Father and son steal food from grocery due to excessive

hunger and need for survival. 1-year imprisonment seems
too much. EXCESSIVE PENALTY!

WHEN IS PENALTY NOT EXCESSIVE?

 Reclusion Perpetua – permanent imprisonment. THE PENALTY
OF RECLUSION PERPETUA SHALL BE FROM TWENTY YEARS AND
ONE DAY TO THIRTY YEARS.

Reclusion Temporal – is the most severe of the divisible

penalties with duration of 12 years and 1 day to 20 years. Only
one day separates the divisibility penalty of reclusion
temporal from the indivisible penalty of reclusion perpetua.

Imprudence – an unwise or indiscreet act.

Negligence – an act or omission showing such lack of care.

DEFINITIONS Clemency – a disposition to show mercy, towards an offender
or an enemy

Retroactively - With effect from the date of the past.

Ex post facto law – a law that retroactively makes a criminal an

act that was not criminal at the time it was done.

Bill of Attainder – a legislative act finding a person guilty of

treason or felony without trial.

Malversation – extortion or corruption by a person who holds

public office or a position of trust

Espionage – the practice of spying or of using spies to obtain

secret information, especially regarding a government or a
business

Violation of Neutrality – this crime is only committed in times

of war. There is a war which the Philippines is not involved. A
regulation issued by competent authority for enforcement of
neutrality. Neutrality of the Philippines was violated. An
offender violated it. Being a public officer has a higher penalty.