SYLLABUS WITH NOTES

I. CONCEPTS AND DEVELOPMENT OF LAW AND CRIMINAL LAW

A. What is Criminal Law?

Criminal Law is that branch or division of law which defines crimes, treats of their nature and
provides for their punishment.

B. What is a crime?

A crime is defined as an act committed or omitted in violation of public law forbidding or

commanding. Simply stated, it is an act or omission punishable by law.

C. Sources of Philippine Criminal Law

1. The Revised Penal Code
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Batas Pambansa, and the Congress of the
Philippines
3. Penal Presidential Decrees issues during the Martial Law

D. Historical background of the Revised Penal Code

The Revised Penal Code supplanted the Spanish Código Penal, which was in force in the
Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to 1930. The new Code
was drafted by a committee created in 1927, and headed by Judge Anacleto Díaz, who would
later serve on the Supreme Court. Rather than engage in a wholesale codification of all penal
laws in the Philippines, the committee instead revised the old Penal Code and included all other
penal laws only insofar as they related to the Penal Code.
The Revised Penal Code criminalizes a whole class of acts that are generally accepted as
criminal, such as the taking of a life whether through murder or homicide, rape, robbery, theft,
and treason. The Code also penalizes other acts which are considered criminal in the Philippines,
such as adultery, concubinage, and abortion. It expressly defines the elements that each crime
comprises, and the existence of all these elements have to be proven beyond reasonable doubt in
order to secure conviction.
Not all crimes in the Philippines are penalized under the Code; certain crimes, such as the
illegal possession of firearms, are penalized under special legislation contained in Republic Acts.
The most notable crimes now excluded from the Revised Penal Code are those concerning illegal
drug fcuse or trafficking, which are penalized instead under the Dangerous Drugs Act of
1972 and later the Comprehensive Dangerous Drugs Act of 2002.
(https://en.wikipedia.org/wiki/Revised_Penal_Code)

II. INHERENT POWERS OF THE STATE

The State has three inherent powers, the power of taxation, the police power and power
of eminent domain.

These powers are inherent and do not need to be conferred by the constitution nor by law.
They co-exist with a State.
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A. Police Power

- is the power of the State to regulate liberty and property for the promotion of the
general welfare.

- the power of promoting the public welfare by restraining and regulating the use of
both liberty and property of all the people. It is considered to be the most all-
encompassing of the three powers.

- the right of the State to restrain and impose punishment on criminals is anchored
on its police power (People vs. Pomar, 46 Phil. 440).

- There are various theories justifying the imposition of punishment by the

sovereign power, viz,: a) prevention, b) public self-defense, c) deterrence, (d)
exemplarity, ( e) reformation, and (f) retribution. The Supreme Court has drawn
upon theories to justify most of the penalties it has imposed in grave offenses.
(Criminal Law Conspectus, Florenz D. Regalado).

- The State has the authority under its police power, to define and punish Crimes
and to lay down the rules on criminal procedure. States, as part of their police
power have a large measure and discretion in creating and defining criminal
offenses. (People vs. Santiago, 43 Phil. 120, 124).

B. The Power of Taxation

- The exercise of the power to tax emanates from necessity, because without taxes,
government cannot fulfill its mandate of promoting the general welfare and well-
being of the people. (CIR v. Bank of Philippine Islands, G.R. No. 134062, April
17, 2007, 521 SCRA 373)

- Lifeblood Doctrine – Without revenue raised from taxation, the government will
not survive, resulting in detriment to society. Without taxes, the government
would be paralyzed for lack of the 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 of the government. (CIR v. Algue, Inc., G.R. No. L-28896, February 17,
1988, 158 SCRA 9)

- Benefits received principle – Taxpayers receive benefits from taxes through the
protection the State affords to them. For the protection they get arises their
obligation to support the government through payment of taxes. (CIR v. Algue,
Inc., G.R. No. L-28896, February 17, 1988, 158 SCRA 9)

C. Power of Eminent Domain

- the power of the nation or a sovereign state to take, or to authorize the taking of,
private property for a public use without the owner’s consent, conditioned upon
payment of just compensation.” it is acknowledged as “an inherent political right,
founded on a common necessity and interest of appropriating the property of
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 individual members of the community to the great necessities of the whole
community.

- The exercise of the power of eminent domain is constrained by two constitutional

provisions: (1) that private property shall not be taken for public use without just
compensation under Article III (Bill of Rights), Section 9 and (2) that no person
shall be deprived of his/her life, liberty, or property without due process of law
under Article III, Sec. 1. (Barangay Sindalan, et al. v. CA, et al., G.R. No.
150640, March 22, 2007).

III.BRANCHES OF THE GOVERNMENT, ITS FUNCTIONS AND INTERPLAY

The Philippines is a republic with a presidential form of government wherein power is

equally divided among its three branches: executive, legislative, and judicial.

One basic corollary in a presidential system of government is the principle of separation

of powers wherein legislation belongs to Congress, execution to the Executive, and settlement of
legal controversies to the Judiciary.

A. Legislative branch – authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the
House of Representatives.

B. Executive branch – carries out laws. It is composed of the President and the Vice
President who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These departments
form a large portion of the country’s bureaucracy.

C. Judicial branch – evaluates laws. It holds the power to settle controversies involving
rights that are legally demandable and enforceable. This branch determines 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. It is made up of a Supreme Court and
lower courts.

System of checks and balance:

The three branches of the government have separation of powers and they are considered as co-
equal, meaning, each branch is supreme in its own sphere. However, each branch of government
can change acts of the other branches as follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can remove the President
from office, through impeachment.
 The Justices of the Supreme Court, who can declare unconstitutional the laws passed by
Congress, are appointed by the President.
 The Supreme Court has the power of judicial review - the power to declare a treaty,
international or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional.

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 This is what you call as the system of checks and balance. Philippine government seeks
to act in the best interests of its citizens through this system of checks and balances.

Having checks and balances allows each branch of the government to have equal power
and makes sure that one branch does not overpower the other. Each of the branches are
connected to each other in some way and has checks on the other two.

IV. THEORIES IN CRIMINAL LAW PUNISHMENT AND SENTENCING

A. Classical or Juristic Theory

- The basis of criminal liability is human free will and the purpose of the penalty is
retribution

- Man is essentially a moral creature with an absolutely 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.

- It has been endeavored to establish a mechanical and direct proportion between

crime and penalty.

B. Positivist or Realistic Theory

- Man is subdued occasionally by a strange and morbid phenomenon which

constrains him to do wrong, in spite of or contrary to his volition.

- The crime is essentially a social and natural phenomenon and as such it cannot be
treated and checked by applying law and jurisprudence nor by imposition of a
punishment, fixed and determined a priori.

- The purpose of penalty is reformation.

C. Eclectic or Mixed Theory

- a combination of both classical and positive thinking wherein crimes that are
economic and social in nature should be dealt in a positive manner, thus, the law
is more compassionate.

The Revised Penal Code is considered Eclectic (i.e., the age of the offender is taken into
consideration, intoxication of the offender is considered a mitigating circumstance unless it is
habitual or intentional.

V. CHARACTERISTICS OF CRIMINAL LAW

A. Generality

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 - criminal law of a country governs all persons within the country regardless of sex,
race, belief or creed, “except as provided in the treaties and laws of preferential
application”

- Generality is subject to certain exceptions brought about by international

agreement and treaty stipulations. Ambassadors, chiefs of states and other
diplomatic officials are immune from the application of penal laws when they are
in the country where they are assigned.

- Note that consuls are not diplomatic officers. This includes consul-general, vice-
consul or any consul in a foreign country, who are therefore, not immune to the
operation or application of the penal law of the country where they are assigned.
Consuls are subject to the penal laws of the country where they are assigned.

B. Territoriality

- penal laws of a country have force and effect only within its territory.

- This means that if a Filipino citizen commits a crime outside the Philippine
Territory, he is not subject to our criminal laws.

- Exceptions: When the offender,

• Should commit an offense while on a Philippine ship or airship;

• Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government;
• Should be liable for acts connected with the introduction into the Philippines
of such obligations and securities;
• While being public officers or employees should commit an offense in the
exercise of their functions;
• Should commit any of the crimes against national security and the law of
nations e.g. Treason, Conspiracy & proposal to commit treason, Misprision of
treason, Espionage, Inciting to war or giving motives for reprisals, Violation
of neutrality, flight to enemy’s territory, Piracy in general and mutiny on the
high seas.

C. Prospective

- A penal law has no retroactive effect unless its provisions would be favorable
to the accused. Whenever a new penal law establishes conditions more lenient
or favorable to the accused, it can be given retroactive effect, except:

a. Where the new law expressly made in applicable to pending actions or

existing causes of action;
b. Where the offender is a habitual delinquent

Construction of Penal Laws

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 Criminal Statutes are liberally construed in favor of the offender. This means that no
person shall be brought within their terms who is not clearly within them, nor should any act be
pronounced criminal which is not clearly made so by statute.

The original text in which a penal law is approved in case of a conflict with an official
translation.

Interpretation by analogy has no place in criminal law

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