Criminal law RPC (Book 1)

Criminal Law - a branch of municipal law which defines crimes,

treats of their nature and provides for their punishment.

Characteristics of Criminal Law

1. General 2. Territorial 3. Prospective

General - binding on all persons who reside or sojourn in the

Philippines.
                   Exceptions:
                   1. Treaty Stipulation
                   2. Laws of Preferential Application
                   3. Principles of Public International Law
                        ex. 1. Sovereigns and other chief of state
                               2. Ambassadors, Minister resident, and
                                    charges d' affaires

                    Note: Consuls, Vice Consuls, and other foreign

                    commercial representatives can not claim the
                    privileges and immunities accorded to
                    ambassadors and ministers.

Territorial - Penal laws of the Philippines are enforceable only

within its territory.
                        Exception: Art. 2 of the RPC - binding even on
                        crimes committed outside the Philippines.
                        1. Offenses committed while on a Philippine ship
                             or airship.
                        2. Forging or counterfeiting any coin or currency
                             note of the Philippines or obligations and
                             securities issued by the government.
                       3. Introduction into the country of the above
                           mentioned obligations and securities.
                       4. While being public officers and employees, an
                            offense is committed in the exercise of their
                            functions.
                       5. Crimes against the National Security and the Law
                            of the Nations.

Prospective - The law does not have any retroactive effect.

                            Exception: When the law is favorable to the
                            accused.

                            Exception to the Exception:

                            1. The New Law is expressly made inapplicable
                                to pending actions or existing causes of
                                action.
                            2. Offender is a habitual criminal.

Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between
     good and evil, that is why more stress is placed upon the
     result of the felonious act than upon the criminal himself. The
     purpose of penalty is retribution. The RPC is generally
     governed by this theory.

2. Positivist Theory - basis is the sum of social and economic

    phenomena which conditions man to do wrong in spite of or
    contrary to his volition. This is exemplified in the provisions
    on impossible crimes and habitual delinquency.

3. Mixed Theory - combination of the classical and positivist

    theories wherein crimes that are economic and social in
    nature should be dealt in a positive manner. The law is thus
    more compassionate.

Construction of Penal Laws

1. Liberally construed in favor of offender.
    Example: a. The offender must clearly fall within the terms
                             of the law.
                        b. An act is criminal only when made so by the
                            statute.
2. In cases of conflict with official translation, original Spanish
    text is controlling.
3. No interpretation by analogy.

Limitations on Power of Congress to Enact Penal Laws

1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the
    constitution.
4. Law which imposes cruel and unusual punishments nor
    excessive fines.