CRIMINAL LAW 1

MODULE 1 – FLEXIBLE LEARNING

INTRODUCTION TO CRIMINAL LAW

Intended Learning By the end of the module, the students are expected to:
Outcomes (ILO) - gain a deeper understanding and appreciation of the principles of
Criminal Law and are able to analyze and interpret them;
- be able to apply these principles in hypothetical cases;
- be able to determine whether a crime is committed or not, the
causality of crimes and criminal liability, and the distinctions
among the different classes of crimes.
- be able create a Learning Portfolio on Criminal Law principles.

Learning Content The moral and philosophical bases of Penology

- The relation between government and society
- Penology is an exercise of Police Power of the State

General Principles of Criminal Law

- Territoriality principle and exceptions:
i. Extraterritoriality under the RPC
ii. Transnational crimes under UNTOC and domestic laws
iii. Universal jurisdiction in jus cogens crimes and under
UNCLOS
iv. International criminal tribunals

- Generality principle and exceptions:

i. Exceptions under the Vienna Convention on Diplomatic
Relations and other treaties
ii. Certain exempting circumstances under the RPC and
domestic laws, e.g., RA 9344
iii. Legal pluralism in certain areas/cultures, e.g.:
Muslim Code and IPRA

- Prospectivity principle and the lone exception and its condition

Sources of Criminal Law in the Philippines

i. The Revised Penal Code of the Philippines,
as amended by RA 10951
ii. Special penal laws
iii. Regulatory laws with penal provisions
iv. Ordinances

Historical background of the Revised Penal Code

The Spanish influence in the Old Penal Code and later the RPC

Statutory construction of criminal laws

- Strictly against the State, in favor of the accused
-
Crimes and their classifications
-according to gravity - grave, less grave, light
-according to the mode of commission - intentional and culpable
-according to nature – mala in se and mala prohibita
-according to the law punishing them – felonies, offenses, infractions
 Modes of committing crimes
- Dolo versus culpa
- Specific criminal intent and general criminal intent
- Culpa from mistake of fact from accident

Teaching-Learning Partly online and partly in-person delivery of modules:

Activities
- for online sharing methods:
- done mainly thru the Schoology platform
- by teleconferencing via Schoology’s Conferences, Zoom or Meet
- lectures with slide presentations and inter-active discussion
- assignments and virtual library work (with study guide questions
for focus)

- assessment methods (storage/question bank: Schoology’s Resources,

Google Drive, One Drive, desktop files)

- formative assessments (thru Schoology, Mentimeter, Kahoot,

Google Forms)
i. progress questions
ii. addition of content to the Learning Portfolio

- summative assessments (thru Schoology)

i. Graded exit questions/warm calls for this module
ii. Prelims, Midterms, Finals

Study guide questions:

1. Distinguish felony from crime and infraction. Is infraction
an offense against the People of the Philippines?
2. Distinguish mala in se from mala prohibita. Why is the
classification important?
3. What is proximate cause? How does it affect culpability?
4. How does the kind of criminal intent affect the stage of the
crime?
5. When is there error in personae, aberration ictus, praeter
intentionem? How do they differ from culpa and mistake of
fact?

Resources/Materials: The Revised Penal Code (Act 3815, as amended by RA 10951)

Preliminary Topics; Articles 1 to 5

Cases:

1. Matalam v. People, G.R. Nos. 221849-50, April 4, 2016

2. Garcia v. CA, G.R. No. 157171, March 14, 2006
3. PP v. Tulin, G.R. No. 111709, August 30, 2001
4. Sevilla v. PP, GR 194390, Aug. 13, 2014
5. Serrano v. PP, GR 175023, July 5, 2010
6. Ramos v. C.O.L. Realty, GR 184905, Aug. 28, 2009 
7. PP v. Pugay, GR 74824, Nov. 17, 1988
8. PP v. Umawid, GR 208719, June 9, 2014
9. Dinamling v. PP, GR 19952, June 22, 2015

Sources: Traditional:
Hard copies of textbooks and reference materials;
UC Law Library
Online:
cdasiaonline.com; sc.judiciary.gov.ph