University of Antique

College of Arts and Sciences

Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

CHAPTER 1:
CONCEPTS AND PRINCIPLES

Criminal Law is a branch of public law which defines criminal offenses and prescribes
specific punishment for them. It is a branch of public law because it treats of acts or omission of
citizens which are deemed primarily as wrongs against the State more than against the offended
party. Hence, a criminal case is dominated “People of the Philippines v. xxx”.

Penal laws are those acts of the Legislature which prohibit certain acts and establishing
penalties for their violations; or those that define crimes, treat of their nature and provide for
their punishment. (Lacson v. Exec. Sec., G.R. No. 128096, January 1999)

Whether a statute is a penal law is determined by the presence of the following elements:
a. The law must define the criminal act;
b. It must prescribe a penalty; and
c. It must be an act of the Legislature.

Constitutional limitations on the power of Congress to enact penal laws:

a. The law must be general in application (equal protection).
b. It must observe substantive and procedural due process.
c. It should not impose cruel and unusual punishment or excessive fines.
d. It should not operate as bill of attainder.
e. It must not operate as an ex post facto law.

The equal protection clause assures that a penal law must apply to all similarly situated
unless a valid classification exists.
Due process of law, whether substantive or procedural, can be described as nothing more
and nothing less than compliance with the requirements of fair play, or the right of any person to
be given notice and be heard before he is condemned for an act or omission defined and
punished by law (twin requirements of notice and hearing).

What makes a penalty cruel and unusual?

Punishments are cruel when they involve torture or a lingering death. It implies
something inhuman and barbarous, or shocking to the conscience. But mere severity of the
penalty does not make the same cruel and unusual punishment. “It takes more than merely being

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

harsh, excessive, out of proportion, or severe for a penalty to be obnoxious to the Constitution.”
To come under the ban, the punishment must be “flagrantly and plainly oppressive,” “wholly
disproportionate to the nature of the offense as to shock the moral sense of the community.”

An ex post facto law is a penal law which is given retroactive application to the prejudice
of the accused. Hence, even if the penal law is made to apply retroactively, if it is favorable to
the accused the same is not EPF.
Examples of ex post facto law:
1. Makes an act or omission criminal which when committed was not criminal.
2. Aggravates the seriousness of the crime than when it was committed.
3. Imposes a penalty that is higher than when the crime was committed.
4. Makes it easier for the prosecution to establish the guilt of the accused than when the
crime was committed.
5. Requires a lesser quantum of evidence than when the crime was committed.
6. Alters, in relation to the offense or its consequences, the situation of a person to his
disadvantage.
7. Assumes to regulate civil rights and remedies only but in effect imposes a penalty or
deprivation of a right to which when done was lawful.
8. Deprive a person accused of crime of some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation
of amnesty.

A bill of attainder is a legislative act which inflicts punishment without judicial trial.

Characteristics of penal law:

a. Generality refers to the person covered by penal laws.
Penal laws are binding on all persons who reside or sojourn in the Philippines
whether citizens or not.

b. Territoriality refers to the place where the law is applicable.

The law is applicable to all crimes committed within the limits of Philippine territory.
c. Prospectivity refers to the time when the law should be applicable.

[2]
 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

Penal laws should have only prospective application unless they are favorable to the
offender who is not a habitual delinquent.

Philosophies underlying the criminal law justice system:

a. Classical or juristic
i. Basis of criminal liability – human free will.
ii. Purpose of penalty – retribution, for the right of the State and/or the private
offended party must be observed.
iii. Determination of penalty – penalty is predetermined for every crime the gravity of
which is directly proportionate to the crime committed.
iv. Emphasis of the law – on the offense.

b. Positivist or realistic
i. Basis of criminal liability – man is inherently good but because of his
environment and upbringing, he becomes socially sick.
ii. Purpose of penalty – corrective or curative to reform the offender, thus, prisons
are also called reformatory or correctional institutions.
iii. Determination of penalty – on an individual basis after considering his
circumstances.
iv. Emphasis of the law – on the offender.

c. Eclectic (or mixed) combines the good features of both the classical and the positivist
theories. Ideally, the classical theory is applied to heinous crimes, whereas, the positivist
works on economic and social crimes.

Heinous crime is a grievous, odious and hateful offense which by reason

of its inherent or manifest wickedness, viciousness, atrocity and perversity, is
regarded as seriously outrageous to the common standards or norms of decency
and morality in a just, civilized and orderly society. (R.A. 7659)
d. Utilitarian or protective theory – the primary function of punishment is to protect
society from potential and actual wrongdoers. The retributive aspect of penal laws should
be directed against them.

Nullum crimen nulla poena sine lege

– there is no crime when there is no law that defines and punishes it.
The Philippines is a civil law country. Penal laws are enacted; no matter how heinous an act, it is
not considered a crime unless there is a law that punishes it.

Interpretation of penal laws in relation to the accused’s culpability.

[3]
 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

In dubio pro reo – all laws must be interpreted liberally in favor of the accused and
strictly against the State. Thus, whenever a situation obtains where two interpretations are
possible, one exculpatory and the other inculpatory, the former shall prevail, consistent with the
rule on presumption of innocence.
Two aspects of in dubio pro reo: (1) the ambiguity of the law which is construed against
the State, and (2) the equipoise rule. Both shall favor the accused.
Equipoise rule – when the evidence of the prosecution and the defense are equally
balanced, the scale should be titled in favor of the accused because of the presumption of
innocence.

Classification of Crimes:
a. As to commission (Article 3) –
i. Dolo or felonies committed with deliberate intent;
ii. Culpa or those committed by means of fault.

b. As to stage of execution (Article 6) –

i. Attempted;
ii. Frustrated; and
iii. Consummated.

c. Related to this is the classification of felonies as to –

i. Formal felonies or those which are always consummated because the offender
cannot perform the acts necessary for their execution without consummating the
offense.

Example: physical injuries, slander, trespassing

ii. Material felonies or those which can be committed in any of the three stages of
execution.

iii. Crimes with no frustrated stage, such as rape, arson, theft and robbery.

d. As to gravity (Article 9) –
i. Grave felonies;
ii. Less grave felonies; and
iii. Light felonies.

e. As to count –
i. Compound;
ii. Complex;
iii. Composite or special complex crimes;
iv. Continued; and
v. Continuing crimes.

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

f. As to nature –
i. Mala in se
ii. Mala prohibita

Crimes mala in se are acts or omission which are inherently evil (mala – evil; in se – by
itself).
Crimes mala prohibita are acts which are made evil by a law (special penal law)
prohibiting the same. These would not be wrong but for the fact that positive law forbids them.
When the act is illegal intent of offender is immaterial.

Distinctions:
In mala in se:
i. Basis – the moral state of the offender, hence, good faith or lack of criminal intent is a
defense.

ii. Modifying circumstance – are taken into account in imposing the penalty precisely
because the offender’s moral trait is the basis of this crime.

iii. Degree of participation – the penalty is computed on the basis of whether the
malefactor is a principal offender, or merely an accomplice or accessory.

iv. Stage of accomplishment – the penalty imposed depends on whether the crime is
consummated, frustrated or attempted.

v. Moral turpitude – crimes mala in se generally involve moral turpitude for its basis is
the moral state of the offender.

vi. Law violated – generally, Revised Penal Code (RPC).

In mala prohibita:
i. Basis – voluntariness, hence, good faith or lack of criminal intent is not a defense,
unless intent is an element of the crime.

ii. Modifying circumstances – are not considered because the law intends to discourage
the commission of the act especially prohibited.

iii. Degree of participation – the penalty on the offenders is the same as they are all
deemed principals, unless the Special Penal Law considers them otherwise.

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

iv. Stage of execution – violation of law is punished only when accomplished or

consummated because intent is not relevant in crimes mala prohibita for intent is
inherent in attempted or frustrated stage.

v. Moral turpitude – generally, not involved in crimes mala prohibita for the act would
not have been wrong if not for the prohibition by law.

vi. Law violated – generally, Special Penal Laws (SPL).

Absorption Rule
Absorption will result to the offender being charged with only one crime. When
absorption is disallowed, separate crimes will be filed.
The rules on absorption are:
a. The general rule is that a malum in se (felony) cannot absorbor be absorbed by a malum
prohibitum (offense).
b. The exception is when special law expressly allows absorption.
c. The absorption rule can result to the greater absorbing the lesser such as terrorism which
absorbs the predicate act and R.A. 7610 which is absorbed by statutory rape. Or the lesser
may absorb the greater as in rebellion which absorbs destructive arson.
d. A felony cannot be complexed with an offense.

Effect of repeal of Penal Law on the accused:

a. Absolute or total or express repeal – the act or omission is decriminalized.
i. Pending case – dismissed whether the accused is habitual delinquent or not.
ii. Offender convicted and/or serving sentence – released if he is not a habitual
delinquent or unless the law provides that detention is to continue.
b. Partial, relative, implied repeal, or repeal by re-enactment.
i. The first law will govern if the accused is a habitual delinquent or when the
favorable second law prohibits retroactivity.
ii. Second law will govern if favorable to the offender who is not a habitual
delinquent or the law is silent as to its retroactivity.

Finality-of-acquittal Rule
- Judgment of acquittal, whether ordered by the trial or the appellate court, is final,
unappealable, and immediately executory upon its promulgation.

The rationale for the rule was explained in People v. Velasco:

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

The fundamental philosophy highlighting the finality of an acquittal by the trial

court cuts deep into "the humanity of the laws and in a jealous watchfulness over the
rights of the citizen, when brought in unequal contest with the State, x x x." Thus,
Green expressed the concern that "(t)he underlying idea, one that is deeply ingrained
in at least the Anglo-American system of jurisprudence, is that the State with sill its
resources and power should not be allowed to make repealed attempts to convict
an individual for an alleged offense, thereby subjecting him to embarrassment,
expense and ordeal and compelling him to live in a continuing state of anxiety
and insecurity, as well as enhancing the possibility that even though innocent, he
may be found guilty."

References:
1. Notes and Cases on the Revised Penal Code Act No. 3815, as Amended (Book 1 and 2)
and Special Penal Laws, Leonor D. Boado, Rex Book Store, 2018;
2. Compact Reviewer in Criminal Law Books I and II of the Revised Penal Code and
Special Penal Laws, Leonor D. Boado, Rex Book Store, 2016.

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