Article 1 - article 20

Definition of criminal law - branch of municipal law

branch of public substantive law
dfiference mala inse and mala prohibita
violation of the rpc are under mala inse - act is inherently prohibited
violations of special law - malum prohibitum
not all violation of SL are prohibitum
all violations of intent are mala inse
Distinction between crimes punised under criminal code and special law
Crimes punished under the code - thus there are attempted, frustrated, consummated
under special laws- only crimes are consummated, except SL provides for a mere
attempt
if punished code - aggravating and mitigating is included since
Mala inse - immoral, required
prohibita - giving order to society, good faith is not a defense

Mala inse - moral state of defender, good faith or luck of criminal intent
as a defense
Mala prohibita - unless intent is an element, such as section 3, paragraph e ra
1039, good faith or lack of criminal intent is not a defense

as to modifying circumstance - greater perversity, greater punishment - MALA INSE -

penalty is based on malefactor, conspiracy to be recognized

MALA prohibita - penalty on offender is the same as they are all same, no
conspiracy to be recognized
violation of law is punshied only when accomplish,

ALLEGATION of CONSPIRACY - BP 22 - follow the information, consider the co-owner of

the account it calls for JURISDICTION of the COURT
if wife hasnt been proven, she is acquitted

NO CONSPIRACY on Special Laws - RPC is SUPPLETORY that will be basis for

jurisdiction and determination

ARTICLE 2 - memorize the provision - INTRA TERRITORIAL APPLICATION - does not only
refer to PH Archipelago, but atmosphere,interior waters,
maritime zone, 3 mile limit on shoreline, any crime within interior waters,
philippine LAWS shall govern

Extra territorial princile of RPC on crime committed on board/ship MERCHANT VESSELS

refers only to PH ship or airship is NOT in PH territory
presumed to be on a foreign jurisdiction
however, two situations may apply if ship is in
1. if committed on a WAR - vessels used are part of sovereignty
2. adopts the FRENCH RULE - but if it affects national security/

characteristic of Philippine Criminal Law

GENERALITY - penal laws, shall be obligatory full or sojourned in PHL Territory

law is binding upon all irrespective of age, color, sex, belief or personal
circumstances
subject to exception by INTL Agreement
ambassadors etc are immuned when they are assigned in the country privelege only
attaches to person, not to jurisdiction
CONSULS are not INCLUDED
TERRITORIALITY - within only territory (Art.2)

PROSPECTIVITY - (Art. 2)
Rules of prospectivity - administrative rulings and circular

Art 21 - no felony if no law is defining it/ punishing an act prior to its

commission
Ex post facto law

Laws shall have no retroactive effect unless provided

Doctrine of

Art 8 - form part of legal system/ legis interpration/ jurisprudence

lex crospisit - looks forward, not backward

hence constitutional, prior to statute's nullification, it shall be effected
doctrine of operative fact

BILL OF ATTAINDER - applies only to statutes, only becomes Bill of Attiander if

attained to individual or group for punishment

Impossible crime - go to the provision itself

art 7 - exception is bribery

Crimes against person requries death over homicide, murder, infanticide, parricide
determine the degree of the wound
if not fatal, it is only attempted
if wound almost killed, it is frustrated
if dead, consummated

Confusion - slight, less serious, serious physical injury but no intent to kill
exception: if accused did all acts but did not do any wound, would result to
frustrated

ARTICLE 4 and 8 - conspiracy and proposal to commit felony

conspiracy as a crime - no overt act is necssary to bring abt the criminal liablity
the mere conspiracy is the crime itself - rebellion/treason/ coup d etat

habitual delinquency - priveleged aggravating/ mitigating circumstance

no period for recidvism is being considered as long as there is conviction -
generic aggravating "CRIMES AGAINST RPC"
quasi-recidivism - special aggravting circumstance, "NEED NOT BE A FELONY, BUT 2nd
must be FELONY, BUT ON THE OTHER WAY AROUND, NOT QUASI RECIDIVISM"

11-15 JEMAA, (ABOSLUTORY CAUSE AND EXTENUATING CAUSE)

Justifying - NO CRIMINAL LIABILTY

Burden upon him to establish beyond reasonable doubt- ONLY BURDEN OF EVIDENCE,
burden of proof is in procedural/constitution
contemplate intentional acts and incompatible with CULPA (negligence)
CIRCUMSTANCES AFFECT THE ACT, NOT THE ACTOR

state of necessity - paragraph 4 article 11