CLJ3: Revised Penal Code Reviewer

legislation or of custom and policies recognized and enforced

(WEEK 1) LESSON 1 - CONCEPTS AND
DEVELOPMENTS OF LAW AND CRIMINAL LAW
The Philippine legal system is a mixture of customs and
traditions - Roman for civil law. Anglo-American for common
law and Islamic law. The current legal system is the result of
the immigration of Muslim Malays before the pre-colonization
period and the subsequent colonization of Spain and the United
States of America. The results of this amalgamation are laws
such as civil law that covers the areas of family relations.
property. contracts and criminal law whereas the common law
provides the areas of constitution, corporation, taxation and
labor laws.
by judicial decision. In the Philippines. Laws shall take effect
after fifteen (15) days following the completion of their
publication in the Official Gazette, or in newspapers of general
circulation in the Philippines.
Official Gazette is the official publication of the government of
the Republic of the Philippines whereas, for a newspaper to be
considered of general circulation, it is enough that it is
published for the dissemination of local news and general
information:

that it has a bona fide subscription list of paying subscribers;

and that it is published at regular intervals.
Philippine Daily Inquirer and Manila
It has been decided through jurisprudence that the so-called
Bulletin are examples of newspapers of
common law crimes that exist in the United States and England general circulation.
are not recognized in the Philippines. Unless there is a
particular provision in the Revised Penal Code or Special Penal
Laws or ordinances that defines and punishes the act, no
criminal liability or no crime is committed and incurred.
General Concepts of Philippine Law. Law is defined as the
principles and regulations established in a community by some
authority and applicable to its people. whether in the form of
 CLJ3: Revised Penal Code Reviewer
The main sources of Philippine law are:
1 . The 1987 Constitution of the Republic of the Philippines
which is the fundamental and supreme law of the land. as well
as the other previous Constitutions such as 1935 and 1973
Constitutions.
2. Statutes which include Acts of
Congress. Local Government
legislation such as provincial and
municipal charters and
ordinances, court rules,
administrative rules and
regulations and presidential issuances.
3. Treaties and conventions entered by the
Republic of the Philippines with other
foreign States. Visiting Forces Agreement
with the United States (US) Government
is an example of a treaty.
4. Jurisprudence, a part of the Philippine
legal system, are the judicial decisions
applying to or interpreting the laws or
the Constitution of the Philippines.
These are cases decided by the Supreme Court. In some
instances, customary law also forms part of the Philippine legal
system provided that it must be proven as a fact according to
the established rules of evidence. Customs is defined as the
rules of conduct formed by repetition of acts uniformly
observed as a social rule and are legally binding and
obligatory. Some of these customs are those belonging to the
indigenous people and cultural minorities. For Muslim
Filipinos, the sources of their law are the Muslim/Shariah Law
General Concepts of Criminal Law
Criminal Law is defined as the
branch or division of law which
defines crimes, treats of their
nature. and provides for their
punishment. It is a branch of
public law that treats acts or
omissions. which are primarily wrongs against the State. Thus,
criminal case is denominated as "People of the Philippines v. x
x x, i.e People of the Philippines vs, Juan Dela Cruz.”
Criminal Law, primarily, studies Act No 3815, as amended or
commonly known as the Revised Penal Code (RPC). RPC
consists of two, (2) books, namely: (1) Book One: General
Provisions Regarding the Date of Enforcement and the
Application of the Provisions of this Code and Regarding the
Offenses, the Persons Liable and the Penalties: and (2) Book
Two: Crimes and
 CLJ3: Revised Penal Code Reviewer
Penalties. Act No. 3815 was approved on December 8, 1930
and took effect on January 1, 1932. Likewise, the study of
criminal law includes special penal laws that are enacted by the
Congress to supplement or amend the existing RPC. Some
examples of special penal laws are: Republic Act 9165 or the
Comprehensive Dangerous Drugs Act, Republic Act 9262 or
the Anti-Violence against Women and their Children Act of
2004 and Republic Act 10173 or the Data Privacy Act.
Some specific terminologies include:
1. Crime - a generic term that
embraces any violation of the
Revised Penal Code, special
penal laws and municipal or
city ordinances.
2. Felony - an act or omission punishable by the Revised Penal
Code. Estafa, kidnapping, murder and parricide are some
felonious act.
3. Offense - an act or omission punishable by special penal
law. Some of the recently passed special penal laws are: RA
10913
- Anti-Distracted Driving Act of 2016. RA 10175 - Cybercrime
Law, RA 11479 - Anti-Terrorism Act of 2020
4. Misdemeanor - a minor infraction of law Some examples are
those acts punishable by fines, traffic violations and violations
of municipal or barangay ordinance.
Similarly. it is important to take note of the following legal
maxims as it guides the student in the course of the study of
criminal law:
1. Nullum crimen nulla poena sine lege - There is no crime
when there is no law that punishes it.
This means that no matter how an act is morally or socially
wrong, for as long there is no law that punishes it then there is
no criminal act that has been committed. In order for an act or
omission to be punished, there must be a law that forbids it and
that law at the same time must provide for a penalty violating
it.
2. Actus non facit reum, nisi mens sit rea - The act cannot be
criminal unless the mind is criminal.
In criminal law, mens rea means the gravamen of the offense.
The evil intent must unite with an unlawful act for a crime to
exist.
There can be no crime when the criminals mind is innocent.
Under Article 12, paragraphs 5 and 6 of the RPC. a person who
acts under compulsion of irresistible force, like one who acts
under the impulse of uncontrollable fear or equal or greater
injury, is exempt from criminal liability because of complete
absence
of freedom or voluntariness.
 CLJ3: Revised Penal Code Reviewer

4. El que es causa de la causa es causa del mal causado - He

who is the cause of the evil cause is the cause of the evil WEEK 2 : LESSON2: THE STATE: ITS
caused. ELEMENTS AND INHERENT POWERS
One who commits a felony is responsible for all the
consequences which may naturally and logically result
therefrom, whether foreseen or intended or not.

5. In dubio pro reo - When in doubt. for the accused. Under the
constitutional presumption of innocence. when the State.
through the prosecution. falls short in proving with certainty
the culpability of the accused. acquittal on reasonable doubt
l . Concept of the State
becomes a matter of right. In one of the most celebrated cases
decided by the Supreme Court. it held as follows:
State is a community of persons more or less numerous,
permanently occupying a definite portion of territory,
"In our criminal justice system, what is important is, not
independent of external control, and possessing an organized
whether the court entertains doubts about the innocence of the
government to which the great body of inhabitants render
accused since an open mind is willing to explore all
habitual obedience. The Republic of the Philippines, United
possibilities, but whether it entertains a reasonable, lingering
States of America, Japan and other countries around the world
doubt as to his
are examples of a state.
guilt. For, it would be a serious mistake to send an innocent
man to jail where such kind of doubt hangs on to one's inner
The definition gave the four (4) elements of a State, namely:
being,
like a piece of meat lodged immovable between teeth.
 1. People - the paramount element of a
-Lejano vs. People/People vs. Webb,
State which refers to the population or
number of persons found within its
GR No_ 176389/G.R_ No. 176864 Dec. 14 2010"
territory. There is no ideal number of
Penal (Criminal) Laws are strictly construed against the State
people but it should be large enough to
(Government) and liberally in favor of the accused. When the
make it sufficient and to defend themselves but small
law is ambiguous and there is doubt as to its interpretation,
enough to make a good government possible.
penal laws should be strictly construed against the State.
 CLJ3: Revised Penal Code Reviewer
In the Philippine setting, it refers to the sovereign Filipino
people or Filipino citizens who enjoyed civil and political
rights.
As of Year 2020, the Philippines has a population of 109,581,
078. The world's most populous country is China while
Vatican City has the least population.
 2. Territory - pertains to a definite and fixed area or
surface of the earth where the inhabitants of a State live
and where they maintain a government of their own.
Land, water and air space comprise the territory of the
State.
Article I of the 1987 Constitution defines the Philippine
territory. It includes the terrestrial, fluvial and aerial domains
of the Philippine archipelago and all other territories over
which the Philippines has sovereignty or jurisdiction. It,
likewise, covers the territorial sea, the seabed, the subsoil, the
insular shelves and other submarine areas.
Distinction between the domains of Philippine Territory
Terrestrial
Refers to the land mass, which may be integrated or
dismembered, or partly bound by water or consists of one
whole island. It includes all the resources attached to the land.
Fluvial
Internal waters - the waters around, between and connecting
the islands of the archipelago, regardless of their breadth and
dimensions.
Examples: Sulu Sea, Cagayan River, Balintang Channel
Archipelagic waters- waters enclosed by the archipelagic
baselines, regardless of their depth or distance from the coast.
Territorial sea - belt of the sea located between the coast and
internal waters of the coastal state on the one hand, and the
high seas on the other, extending up to 12 nautical miles from
the low water mark
Contiguous zone - Extends up to 12 nautical miles from the
territorial sea. Although not part of the territory, the coastal
State may exercise jurisdiction to prevent infringement of
customs, fiscal, immigration or sanitary laws.
Exclusive economic zone - Body of water extending up to 200
nautical miles, within which the state may exercise sovereign
rights to explore, exploit, conserve and manage the natural
resources.
Continental shelf - the seabed and subsoil of the submarine
areas extending beyond the Philippine territorial sea.
High seas - for the use of every country; not territory of any
particular State. They are beyond the jurisdiction and sovereign
rights of the State.
 CLJ3: Revised Penal Code Reviewer
Aerial
Rules governing the high seas also apply to outer space, which
is considered as res communes (for everyone)
The Philippines has a total land area of 300,000 square
kilometers (115,831 square miles). In terms of land area,
Russia is the largest country, while Vatican City is the smallest
country.
 3. Government - is the
agency or instrumentality
through which the will of
the State is formulated,
expressed, and realized.
The government of the
Philippines is the corporate governmental entity
through which the functions of the government are
exercised throughout the Philippines, including, save as
the contrary appears from the context, the various arms
through which political authority is made effective in
the Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal or barangay
subdivisions or other forms of local government.
The two functions of the government are:
1. Constituent - the mandatory and
compulsory functions farther government to
perform because it constitutes the very bonds
of society. Examples are the maintenance of
peace and order, regulation of property and
property rights, the administration of justice,
the definition and punishment of crimes,
among others.
2. Ministrant - the optional functions for the government to
perform. These are proprietary functions which include the
promotion of welfare, progress, and prosperity of the people;
health and safety regulations, and regulation of trade and
industry.
 4. Sovereignty - is the supreme, absolute, and
uncontrollable power in a State by which that State is
governed. The essential characteristics of sovereignty
are permanent, exclusive, comprehensive, inalienable,
imprescriptible, and unified.
There are four (4) kinds of sovereignty, namely:
1. Legal Sovereignty which is the power to issue final and
highest commands, that power which can override the
 CLJ3: Revised Penal Code Reviewer
prescription of the divine law, the principles of morality and
mandates of public opinion.
2. Political Sovereignty - that power which is the sum total of
all the influences which lie behind the law. In a narrower sense,
the electorate constitutes the political sovereign and in broader
sense, the whole mass of population.
3. Internal Sovereignty - is the supreme power of the State over
everything within its territory.
4. External Sovereignty - is also known as independence,
which is freedom from external control.
- 2. Inherent Powers of the State
The government has a wide latitude of power and authority
which if not controlled will tend to be tyrannical. The Bill of
Rights is a guarantee that there are certain areas of a person's
life, liberty, and property which the government may not touch.
It serves as a leverage of the people against any form of
injustice.
In totality, the governmental power is contained in three (3)
great powers, namely: police power, power of eminent domain,
and power of taxation. These are inherent powers of the State
because they belong to the very essence of government and
without them no government can exist. A constitution does not
grant these powers but it can only define, delimit, and allocate
their exercise among various government agencies.
1. Police power is the power of promoting public welfare by
restraining and regulating the use and enjoyment of liberty and
property. It is the most pervasive, the least limitable, and the
most demanding of the three powers. It may be exercised as
long as the activity or the property sought to be regulated has
some relevance for the public welfare. It enables it to prohibit
all that is hurtful to the comfort, safety and welfare of the
society.
Police power rests upon public necessity and upon the right of
the State and of the public to self-protection. Thus, its coverage
may change as needs arise.
Police power rests upon public necessity and upon the right of
the State and of the public to self-protection. Thus, its coverage
may change as needs arise.
The justification of police power is found in the following:
1. Salus populi est suprema lex which
means that the will of the people is the
supreme law.
 CLJ3: Revised Penal Code Reviewer
2. Sic utere tuo ut alienum non laedas means to use your
property so as not to injure the property rights of others.
Though pol ice power can interfere and invade private affairs
and activities, it still has its limitations as provided by Article
Ill, Section 1 of the l987 Constitution, to wit:
1. The due process clause - that no person shall be deprived of
lite, liberty or property without due process of law.
2. Equal protection clause - that no person shall be denied the
equal protection clause. A valid exercise of a police power
shall have the following requisites:
1. Lawful subject - which means that the activity or property
sought to be regulated affects the genera' welfare and if it does.
then the enjoyment of the rights flowing therefrom may have to
give way to the interest of the greater number.
2. Lawful means - which means that the means employed to
attain the purpose of the law must be reasonably necessary and
not unduly oppressive.
Some examples of the exercise of police power:
1. Color coding and supplementary rules to minimize traffic of
riding public.
2. Law requiring government officials and employees to file
annually a detailed statement of their assets and liabilities.
3. DOLE's order to suspend temporarily deployment of Filipino
domestic workers to certain countries.
4. Requiring license for driving motor vehicles.
5. Regulation of price control for basic commodities.
2. Power of eminent domain (also known as power of
expropriation) is the inherent right of the State to condemn or
forcibly take a private property for public use upon payment of
just compensation.
The basis of eminent domain is the necessity of the property
for public use. However, it may not be exercised unless a valid
and definite offer has been previously made to the owner of
property and such offer was not accepted .
As such, the elements of eminent domain
are as follows:
1. There must be a necessity which must be
of a public character.
2. All private property, and even public
utility, capable of ownership may be expropriated.
3. There must be taking or appropriation of title to or
possession of the expropriated property.
4. it must be for public use or productive for the general benefit
of the public.
5. Payment of just compensation where the full and fair
equivalent of the property is paid to the owners.
6. There must be due process of law where the owner must be
given an opportunity to be heard in the determination of the
fair market value of the property.
Some examples of power of eminent domain:
 CLJ3: Revised Penal Code Reviewer

The power to tax is subject to the limitations imposed by the

1. Expropriation of a land for the purpose of road widening. Constitution:
2. Right of way for the construction of transmission lines.
3. Taking of private vast land for socialized housing. 1. It is subject to the requirements of due process.
2. It is subject to the general requirement of due process.
3. It must be Constitutional or expressly found in the
3. Power of taxation is the Constitution or implied from its provisions. It must be
power by which the sovereign, inherent.
through its law-making body,
raises revenue to defray the Some examples of the power of taxation:
necessary expenses of 1. The imposition of the income tax from those employees and
government. Taxes are the other income earners.
enforced proportional contributions from persons and property, 2. Value-Added Tax (VAT)
levied by the State by virtue of its sovereignty, for the support 3. Donor's Tax and Estate Tax
of government and for all public needs.
The similarities of the inherent powers are as follows:

It is said mat taxes are what
we pay for civilization
society. Without taxes, the
government would be
paralyzed for lack often
motive power to activate and operate it Hence, despite the
natural reluctance to surrender part of one's hard-earned
income to the taxing authorities, every person who is able to
must contribute his share in the running often government. The
government for its part, it’s expected to respond in the form of
tangible and intangible benefits intended to improve the lives
of the people and enhance their moral and material values.
1. Inherent in the State, exercised even without need of
constitutional grant.
2.Necessary and indispensable; State cannot be effective
without them.
3. Methods by which the State interferes with private property.
4. Presupposes equivalent and compensation.
5. Exercised primarily by the Legislature.
On the other, distinctions of the inherent powers are as follows:
Police Power
 As to scope
 Regulates both liberty and property
 CLJ3: Revised Penal Code Reviewer
 As to exercising authority
 Exercised only by the Government
 As to purpose for the exercise of the power
 Public necessity and the right of the State and of the
public to self-preservation and self-protection
 As to the subject of the exercise of the power
 Property is noxious or intended for noxious purpose
and as such is taken and destroyed
 As to the compensation given to the owner of the
property
 Compensation is the intangible, altruistic feeling that
the individual has Compensation is the full and fair
equivalent of Compensation is the protection and public
improvements instituted by the contributed to the public
good.
Eminent Domain
 Affects only property rights
 May be delegated to private entities
 Necessity of the public for the use of private property
 Property is wholesome and is devoted to public use or
purpose
 Compensation is the full and fair equivalentof the
property taken
Taxation
 Exercised only by the Government
 Public necessity; lifeblood theory property
 Compensation is the protection and public
improvements instituted by government for the taxes
paid
3. The Philippine Government
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
The Philippines is a republic and democratic government
which is run by the people through their chosen representatives
who, in turn, are accountable to the sovereign will of the
people.
One of its characteristics is the observance of the doctrine of
separation of powers. The separation
of power is the actual but equal
division of the governmental powers
between the executive department,
legislative department, and judicial
department.
The principle of separation of powers mandates that each of the
three (3) great branches of government has exclusive
cognizance of and is supreme in matters falling within its own
constitutionally allocated sphere. Constitutional respect and
regard for sovereign acts, of a co-equal branch prevents each
branch of the government from prying into the acts done within
its competence and authority. The purpose of this principle is
to prevent the concentration of authority
in one person or group of persons that
 CLJ3: Revised Penal Code Reviewer

might lead to an irreparable error or abuse in its exercise to the the executive department, through its pardoning power, may
detriment of republican institutions. also modify or set aside the judgment of the courts.

3. Principle of Comity The practice of voluntarily observing

Other principles related to the doctrine of separation of powers: interdepartmental courtesy in undertaking their assigned
constitutional duties for the harmonious working of
1. Principle of Blending Power - Instances when powers are government.
not confined exclusively within one department but are
assigned to or shared by several departments.
The Three (3) Branches of Government
Some examples of blending of powers are: the President
prepares a budget and Congress enacts an appropriation bill
pursuant to that budget; the President enters into a treaty with
foreign countries and the Senate ratifies the same; and the
Supreme Court may declare a treaty or law as unconstitutional

2. Principle of Checks and Balance - Instances when one

department is given certain powers by which it may definitely
restrain the others from exceeding constitutional authority. It
may object or resist any encroachment upon its authority, or it
may question, if necessary, any act or acts which unlawfully
interferes with its spheres of jurisdiction and authority.
Some examples are:
the legislature enacts laws but these laws have to be presented
to the executive department for its approval The latter may veto
or disapprove the acts of the legislature; the courts are
authorized to determine, in actions brought to it for decision,
the validity of the legislative measures or executive acts; and
The Constitution explicitly provides that the legislative
(legislation) shall be vested in the Congress, the executive
(execution) shall be vested in the President of the Philippines,
and the judicial power (settlement of legal controversies) shall
be vested in the Supreme court and in such lower courts as may
be established by law.
Distinctions between the three branches of Government
LEGISLATIVE
As to mandates,
to make laws, alter and repeal them through the power vested
in the in the Philippine Congress.
 CLJ3: Revised Penal Code Reviewer

As to Composition, EXECUTIVE

Senate - Upper House As to mandates,

House of Representatives (HOR) - Lower House
To enforce and administer laws
HOR is composed of two (2).
As to Composition,
1. District Representatives
2. Party-List Representatives  President
 Vice President
As to Functions,  Cabinet (Department) Secretaries, i.e._ DILG, DepEd,
Legislative Power DOH, etc.

Legislative Power As to Functions,

1. General Plenary Power Executive Power

2. Specific power of appropriation
3. Taxation and expropriation Power of Appointment
4. Legislative investigations Power of Removal/ Disciplinary power
Power of Control/Supervision
Non-Legislative Power Military powers
1. Canvass presidential elections Pardoning power/ Power of Executive
2. Declare the existence of a state of war Clemency Borrowing Power
3. Delegation of emergency power Diplomatic Power
4. Call special election for President and Vice Budgetary Power
President Informing Power
5. Give concurrence to treaties and amnesties
6. Propose constitutional amendments Residual Power Other powers:
 CLJ3: Revised Penal Code Reviewer

1. Call Congress to a special session 1. Exercise original jurisdiction

2. Approve or veto bills 2. Exercise appellate jurisdiction
3. Deport aliens 3. Electoral Tribunal for Presidential and Vice-Presidential
4. By delegation of Congress: exercise emergency and tariff Contests
powers 4. Temporary assignments of judges
5. Order a change of venue making power
JUDICIAL
Rule-making power
As to mandates, Power of Appointment
Power of Administrative Supervision
To evaluate laws or more specifically: Contempt powers

1. To settle actual controversies involving rights that are legally
demandable and enforceable.
2. To determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the
part and instrumentality of the government
As to Composition,
The State has the authority, under its police power, to define
and punish crimes through the legislative branch of
government by enacting penal laws. Meanwhile, the executive
department is mandated to implement these penal laws through
agencies and instrumentalities under its supervision. The task
of the judiciary is to interpret the laws enacted and executed to
determine whether it is within the ambit of law granted to
them.

 Supreme Court The right of prosecution and punishment for a crime is one of
 Court of Appeals, Court of Tax Appeals the attributes that by a natural law belongs to the sovereign
 Regional Trial Courts, Quasi-Judicial Bodies (i.e., power instinctively charged by the common will of the
NLRC) members of society to look after, guard and defend the interests
 Metropolitan Trial Court, Municipal Trial Court, of the community, the individual and social rights and the
Municipal Circuit Trial Court liberties of every citizen and the guaranty of the exercise of his
rights.
As to Functions,

Judicial Power
 CLJ3: Revised Penal Code Reviewer
WEEK 3 : LESSON 3 - Theories in Criminal Law
Punishment and Sentencing, Sources of Criminal
Law and the Limitations of the application of
Criminal Law
There are three (3) important theories in criminal law, namely:
1. Classical theory - The basis is the human free will and me
purpose of the penalty is retribution.
According to this theory. man is
essentially a moral creature with an
absolute free will to choose between
good and evil, thereby placing more
stress upon the effect or result of the
felonious act than upon the man, the criminal himself.
2. Positivist theory - According to
positivist theory, man is subdued
occasionally by a strange morbid
phenomenon which constrains him to
do wrong, in spite of or contrary to his
volition.
The purpose of the penalty is reformation
3. Eclectic or mixed theory - This is a combination of both the
classical and positivist theories. Crimes that our economic and
social in nature should be dealt with in a positivist manner;
thus, the law is more compassionate. Heinous crimes should be
dealt with in a classical manner, thus capital punishment or
most severe penalty is imposed
Further, our criminal code is considered as
eclectic as the system acknowledges the age
of the offender, the mitigating and
justifying circumstances such as
intoxication of the offender, among others.
The following are the sources of Philippi ne criminal law;
1. The Revised Penal Code (Act No. 3815) and its
amendments. See previous discussion
2. Special Penal Laws passed Oy the Philippine Commission,
Philippine Assembly Philippine Legislature, National
Assembly, Batasang Pambansa and the Congress of the
Philippines. Except for the last one, those that were mentioned
were the previous names of the legislative branch of the
government. Likewise, please see the previous discussion.
3. Penal Presidential Decrees
issued during Martial Law. These
were an innovation of President
Ferdinand E. Marcos with the
proclamation of Martial Law. They
served to arrogate unto the Chief
Executive the lawmaking powers of Congress. Only President
Marcos issued Presidential Decrees.
 CLJ3: Revised Penal Code Reviewer
Some examples of Presidential Decrees are:
1. P.D. No. 1 - Reorganizing the Executive Branch of the
Government
2. P.D. No 1057 - Amending Republic Act No. 4156 Otherwise
known as the Land Transportation and Traffic Code
3. P.D. No 1055 - Granting Citizenship to Deserving Aliens
and for other purposes
The State, through its government, can enact and legislate
criminal laws to effectively ensure the peace and orderliness of
the country. However, there are certain limitations imposed by
the Constitution on the power of the Congress to enact laws.
These are the limitations:
1. It must be general in application and must clearly define the
acts and omissions punished as crimes
2. There must be an equal protection.
It guarantees that classification of
matters concerning the criminal act or
actors is valid for there is a
substantial distinction. It must also be
germane or relevant to the purpose of law, must not be limited
to existing conditions and must apply equally to all members of
the same class.
3. There must be a due process in criminal cases. Due process
means that the accused is heard by a court of competent
jurisdiction; that the accused is proceeded under the orderly
processes of law; that the accused is given notice and
opportunity to be heard; and that judgment rendered was within
the authority of a constitutional law
No ex post facto law or bill of attainder shall be
enacted.
An ex post facto law is a law that changes the
legal status or consequences of an action after it
has already boon done, especially a law that makes an action
illegal after it has been committed.
Further, it
1. makes an action done before the passing of the law and
which was innocent when done, criminal, and punishes such
action
2. aggravates a crime or makes it greater than it was when
committed or
3. changes the punishment and inflicts a greater punishment
than the law annexed to the crime when it was committed; or
4. alters the egal rules of evidence and receives less or different
testimony than the law required at the time of the commission
at the offense in order to convict the defendant.
5. assumes to regulate civil rights and remedies
only but in effect imposes a penalty or
deprivation of a right which when done was
lawful; or
6. deprives a person accused of a crime of some
lawful protection to which he has become
 CLJ3: Revised Penal Code Reviewer

entitled. such as the protection of a former conviction or

acquittal, or a proclamation of amnesty
For example, if the death penalty law will be revived by the WEEK 4 : Lesson 1 Week 4 - Characteristics of
Congress, those cases existing before the passage of law is not Criminal Law
covered by the said law for it constitute ex post facto law.
Death penalty law shall cover only those cases punishable at
Criminal Law is characterized as follows:
the time it took effect.
1. General
A bill of attainder is a legislative act which inflicts punishment
2. Territorial
without trial. Its essence is the substitution of a legislative act
3. Prospective
for a judicial determination of guilt_ For exam pie, Congress
passes a law which authorizes the arrest and imprisonment of
1. Generality - Penal laws and
communists without the benefit of judicial trial.
those of public security and safety
shall be obligatory upon all who
5. non-imposition of cruel and unusual punishment or
live and sojourn in the Philippine
excessive fines. This means that excessive fines, cruel,
territory. This means that as a
degrading or inhuman punishment shall not be inflicted.
general rule, criminal laws are
binding and applicable on all persons who live or sojourn in the
The employment of psychological or degrading punishment
Philippines. This includes the citizens of the Philippines or
against any prisoner or detainee or the use of substandard or
even aliens, whether living or staying temporarily in the
inadequate penal facilities under subhuman conditions shall be
country.
dealt with by law.
However, there are recognized exceptions, as follows:
For examples: burning or crucifying a thief is cruel, inhuman
and barbarous; imposing a penalty of One Million pesos for
1. Treaties and Treaty stipulations - Treaties are agreement
throwing a piece of candy wrapper is an excessive and cruel
between two states or countries. Usually, it is the head of the
fine; and chopping of arms for those convicted of robbery is
state like the President who is authorized to enter into a treaty. \
cruel and inhuman
Examples of treaties are the. RP-US
Mutual Defense Treaty of August
30, 1951 and RP-US Visiting Forces
 CLJ3: Revised Penal Code Reviewer
Agreement (VFA) which was signed on February It, 1998.
Under the said treaties, certain jurisdictions shall be conferred
to the Philippines or the United States, depending on the
persons involved.
2. Warship rule - a warship of another country even though
docked in the Philippines is considered as an extension of their
respective country and cannot be subjected to the laws of
another state.
French Rule
(Flag or National)
General Rule: Crimes committed aboard a vessel within the
territorial waters of another country are NOT triable in the
courts of that country.
Exception: When their commission affects the peace and
security of the territory or when the safety of the state is
endangered.
English Rule
(Territoriality or Situs of the Crime)
General Rule: Crimes committed aboard a vessel within the
territorial waters of another country are triable in the courts of
that country.
Exception: When the crimes merely affect things within the
vessel when they only refer to the internal management thereof.
The game rule applies to foreign embassies. Thus, persons who
commit crimes within foreign warships and embassies cannot
be prosecuted for violation of Philippine penal laws.
3. Laws of Preferential Application –
1. R.A. 75 provides for those persons who are exempt from
arrest and imprisonment and whose properties are exempt from
distraint, seizure and attachment
1. Public Ministers
2. Ambassadors
3. Domestic servants of ambassadors and public ministers
4. Principles of Public International Law - the following are
persons exempted, whether or not the crime committed is
outside the performance of their duties:
1. Sovereigns and other heads of state
2. Charges d'affaires
3. Ambassadors
4. Ministers plenipotentiary
5. Ministers residents
Consuls, vice-consuls and other commercial representatives of
foreign nations do not possess the status of, and cannot claim
the privileges and immunities accorded to ambassadors and
ministers.
 CLJ3: Revised Penal Code Reviewer
2. Territoriality - The principle of territoriality means that as a
rule, criminal laws of the Philippines are enforceable and shall
take effect only within its territory.
The following are the exceptions:
1. Treaty/Laws of Preferential
Application. See previous discussion.
2. Extraterritoriality - refers to the
application of the APC outside the
Philippine territory. (Art. 2, RPC)
The provisions of the RPC are enforceable even outside
Philippine territory against those who
1. Should commit an offense while on Philippine ship or
airship;
This means that the crime must be committed on board of a
private or merchant ship. The ship must be registered in the
Philippines under Philippine law and that the crime must be
committed while the ship is on international waters.
Under this exception, the French or English rules are likewise
observed.
2. Should forge or counterfeit any coin or currency note of the
Philippines or obligations and securities issued by the
Government;
Forgery is committed by giving to a treasury or bank note or
any instrument payable to a bearer or to order the appearance
of a true genuine document or by erasing, substituting or,
counterfeiting or altering by any means the figures, letters.
words or signs contained therein.
If forgery was perpetrated abroad, the object of the crime must
be a coin, currency note or obligations and securities issued by
the Government of the Philippines.
3. Should introduce into the country the above-mentioned
obligations and securities;
Those who introduced or brought the counterfeit items in the
Philippines are criminally liable even if they are not the ones
who counterfeited the same because introduction and
counterfeiting are separately enumerated.
While being public officers or employees, should commit an
offense in the exercise of their functions
1. Direct/indirect/Qualified bribery
2. Failure to Render Accounts/Failure to Render Account
before leaving the country
3. Malversation of Public Funds or Property
4. Corruption
 CLJ3: Revised Penal Code Reviewer

For example, if personnel of Bureau of Internal Revenue went 3. It is favorable to the accused who is not a habitual
to London to do a regular auditing of the Philippine consulate delinquent.
and committed a crime of murder while being there, he cannot
be prosecuted in the Philippines because the crime has no
connection with his official duties,

5. Should commit any of the crimes against national security

and the law of nations defined in Title One of Book Two (RPC.
Arts. 114-122)

1. Treason
2. Conspiracy and Proposal to Commit Treason
5. Misprision of Treason Espionage

Examples of Crimes against the law of nations:

1. Piracy under APC
2. Genocide
3. Terrorism

3. Prospectivity - General Rule: Criminal law cannot penalize

an act that was not punishable at the time of its commission. It
means that penal laws cannot make an act punishable in a
manner in which it was not punishable when committed.

By way of exception, it may only be applied retroactively when

the new law is favorable to the accused. Thus, a law can be
made to retroact if:

1. It makes the penalty for a crime lighter;

2. It repeals a law making an act no longer criminal or
punishable; or