JD1105 | CRIMINAL LAW NOTES

exercise of their functions; or

COVERAGE:
I. Preliminary Articles 5. Should commit any of the crimes against national security and the law of
 Article 1 nations, defined in Title One of Book Two of this Code
 Article 2
II. Title One: Felonies and Circumstances Which Affects Criminal THREE (3) CHARACTERISTICS OF CRIMINAL LAW
Liability 1. General
 Article 3 2. Territorial
3. Prospective

Legend: GENERALITY
**As a General rule the Revised Penal Code is binding on all persons who
 GENERAL RULE
live or sojourn in the Philippine territory, subject to the principles of public
 EXCEPTION TO THE GENERAL RULE
international law and treaty stipulations
 EXCEPTION TO THE EXCEPTION
**Except, as provided in the treaties or laws of preferential applications
I. PRELIMINARY ARTICLES E.g.:
 Bases agreement
Article 1:
 Visiting Force Agreement
This code shall take effect on January 1, 1932
Art V, VFA – Criminal jurisdiction over United States
military and civilian personnel temporarily in the
Article 2:
Philippines in connection with the approved activities by the
Except as provided in the treaties and laws of preferential
Philippine Government
application, the provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its interior waters
TERRITORIALITY
and maritime zone, but also outside of its jurisdiction, against those who:
The Revised Penal Code embraces (RPC) Two (2) Scopes of
applications:
1. Should commit an offense while on a Philippine ship or airship
 Interterritorial – Application of RPC within the
2. Should forge or counterfeit any coin or currency note of the Philippine Philippines
Islands or obligations and securities issued by the Government of the  Extraterritorial - Application of RPC outside the
Philippine Islands Philippines

3. Should be liable for acts connected with the introduction into these **As a General Rule, Penal laws of a country have force and effect only
islands of the obligations and securities mentioned in the presiding within its territory
number; ** Except in Extraterritorial Crimes, which are punishable even is
committed outside the Philippines
4. While being public officers or employees, should commit an offense in
the
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“No person shall be held to answer for a criminal offense without
PROSPECTIVITY due process of law”
**As a General Rule, an act or omissions will only be subject to penal law NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT
if they are committed AFTER a penal law has taken effect OR EXCESSIVE FINE

**Exception, Penal laws shall have a retroactive effect, insofar as they
favor the person guilty of felony
** Exception to the Exception,
1. The new law is explicitly made inapplicable to pending actions or
existing cause of actions
2. The offender is a habitual criminal
LEGALITY
Art. 21. “No Felony shall be punishable by any penalty not
prescribe by law prior to its commission
Art. 3, Sec 19 of the 1987 Constitution
“Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed,
unless for compelling reasons involving heinous crimes, the congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua”
R.A 9346 – The act prohibiting the imposition of death penalty
 Repealed RA 8177 – imposition of death penalty by lethal injection
 Repealed RA 7659 – imposition of death penalty
BILL OF ATTAINDER

Nullum Crimen nulla poena sine lege – There is no crime when there Art 3, Sec 22 of the 1987 Constitution
is no law punishing the same “NO ex post facto law or bill of attainder shall be enacted

Limitation – Not every law punishing the act or omission may be valid as Bill of Attainder – A legislative act that inflicts punishment without trial,
criminal law such as when the law is ambiguous, it is null and void. its essence being the substitution of legislative fiat for a judicial
determination

CONSTITUTIONAL LIMITATION OF THE POWER OF Ex Post Facto Law

CONGRESS TO ENACT PENAL LAWS 1. Makes criminal an act before the passage of law
2. Aggravates crime
EQUAL PROTECTION 3. Inflicts greater punishment
4. Alters rules of evidence and authorizes conviction upon less
Art. 3, Sec 1 of the 1987 Constitution testimony
“No Person shall be deprived of life, liberty or property without due 5. Assumes to regulate civil rights and remedies only in effect imposes
process of law, nor shall any person be denied the equal protection of laws” penalty and deprivation of rights
6. Deprives lawful protection
DUE PROCESS

Art. 3, Sec 14 of the 1987 Constitution

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 It is that branch of public law which defines criminal offenses and
prescribes specific punishment for them
BASIC MAXIMS OF CRIMINAL LAW  It is a public law because it treats of acts or omissions which are
deemed primarily as wrongs against the state more than against the
1. Actus Non Facit Reum, Nisi Mens Sit Rea offended party
**General Rule:  The branch or division of law which defines crimes, threats of their
If it is proved that the accused committed the criminal act nature and provides for their punishments
charged, it will be presumed that the act was done with criminal
intention CRIME
**Exception: Is an act committed or omitted in violation of public law forbidding
In cases of Mala Prohibita (Special Laws) or commanding it.
 Male in se (evil in itself)
2. ACTUS ME INIVITO FACTUS NON EST MEUS ACTUS A crime or act that is inherently immoral, such as murder,
“An act against my will is not my act” arson, or rape
 Mala prohibita (prohibited evil)
3. EL QUE EST CAUSA DE LA CAUSA ES CAUSA DEL MAL An act that is a crime merely because it is prohibited by
CAUSADO statute, although the act itself is not necessarily immoral
“He who is the cause of the cause is the cause of the evil
cause” MALE IN SE vs MALA PROHIBITA
- He who commits an intentional felony is responsible for all the
consequences which may naturally and logically result As to nature
therefrom, whether foreseen or intended or not
Mala in se Mala Prohibita
II. TITLE ONE : FELONIES AND CIRCUMSTANCES WHICH Wrong from its very nature Wrong because it is prohibited by
AFFECTS CRMINAL LIABILITY the law

Article 3: As to good faith defense

Definition. — Acts and omissions punishable by law are FELONIES Mala in se Mala Prohibita
(DELITOS). Valid defense, unless the crime is Not a valid defense
result of culpa (fault)
Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa). As to criminal intent as an element
Mala in se Mala Prohibita
There is deceit when the act is performed with deliberate intent; and there Criminal intent is an element Criminal intent is immaterial, but
is fault when the wrongful act results from imprudence, negligence, lack of still requires intelligence and
foresight, or lack of skill. voluntariness

CRIMINAL LAW

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As to what law is violated
Mala in se Mala Prohibita
As to degree of accomplishment of crime Revised penal code Generally, special laws
Mala in se Mala Prohibita
Degree of accomplishment is taken The act give rise to a crime only As to division of penalties
into account for the punishment when consummated Mala in se Mala Prohibita
Penalties may be divided into There is no such division of
As to mitigating and aggravating circumstances degrees or periods penalties
Mala in se Mala Prohibita
Taken into account in imposing They are not taken into account FELONY vs OFFENSE vs MISDEMEANOR
penalty 1. Felony – refers only to the violations of the revised penal code
2. Offense – crimes punished under special laws
As to mitigating and aggravating circumstances 3. Misdemeanor – a minor infraction of the law, such as violation of
Mala in se Mala Prohibita an ordinance
Taken into account in imposing They are not taken into account
penalty FELONIES: HOW COMMITTED:
Felonies are committed not only by means of deceit (dolo) but also
As to degree of participation by means of fault (culpa)
Mala in se Mala Prohibita
1. Deceit (Dolo) – performed with deliberate intent
Taken into account Generally not taken into account,
2. Fault (Culpa) – Wrongful act results from imprudence,
all who participated in the act are
negligence, lack of oversight or lack of skill
punished to the same extent
CLASSIFICATION OF FELONIES
As to stage of execution
Mala in se Mala Prohibita 1. According to the manner of their commission
There are Three (3) Stages: 1. No such stage of execution  Intentional Felonies – Those committed with deliberate intent
Attempted; 2. Frustrated’ 3.
 Culpable Felonies – Those resulting from negligence, reckless
Consummated
imprudence, lack of foresight or lack of skills, performed without
malice
As to persons criminally liable
Mala in se Mala Prohibita 2. According to the stages of their execution
Principal, Accomplice, Accessory Only the principal is the liable  Attempted
 Frustrated
Penalty is computed on the basis of Penalty is the same whether they
 Consummated
their involvement acted as principal, accomplice or
accessory

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3. According to their gravity

 Grave Felonies – Those which law attaches the capital punishment
or penalties which in any of their periods are afflictive
 Less Grave Felonies – The law punishes with penalties which in
their maximum period is correctional
 Light Felonies – those infraction of law for the commission with the
penalty is arresto menor or a fine not exceeding P200 or both

ELEMENTS OF CRIMINAL LIABILITY

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