CRIMINAL LAW

Presentation are communication tools that can be used as demontrations,

lectures, reports, and more. it is mostly presented before an audience.

Reporter: XXX

Presentations are
communication tools.
YOUR
LOGO
YOUR
LOGO

GENERAL
PRINCIPLES
Definition of Criminal Law
Sources of Philippine Criminal Law
Power to define and punish crimes
Limitations on the power of the lawmaking body to enact
penal legislation
Constitutional and statutory rights of the accused
Characteristics of criminal law
Persons exempt from the operation of our criminal laws Reporter: XXX
BUSINESS PLAN
Definition of Criminal Law

•Criminal law is that branch or division of law

which defines crimes, treats of their nature,
and provides for their punishment.
•Crime is an act committed or omitted in
violation of a public law forbidding or
commanding it.
Sources of Philippine Criminal Law
1. The Revised Penal Code (Act No. 3815) and its amendments
2. Special Penal Laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Congress of
the Philippines, and the Batasang Pambansa
3. Penal Presidential Decrees issued during Martial Law

Common law crimes are body of principles, usages and ruls of action,
which do not rest for their authority upon any express and positive
declaration of the will of the legislature. These are not recognized in the
Philippines. (known and used in United States and England)
Court decisions are not sources of criminal law.
The State has the authority, under its police power, to define
and punish crimes and to lay down the rules of criminal
procedure. States, as a part of their police power, have a large
measure of discretion in creating and defining criminal
offenses. (People vs. Santiago, 43 Phil. 120, 124)
Limitations on the power of the lawmaking
body to enact penal legislation
• The Bill of Rights of the 1987 Constitution imposes the
following limitations:
1. No ex post facto law or bill of attainder shall be enacted.
(Art. III, Sec. 22)
2. No person shall be held to answer for a criminal offense
without due process of law. (Art. III, Sec. 14 [1])
Criminal laws must be of general application and must
clearly define the acts and omissions punished as
crimes.
1st Limitation:
(no) ex post facto law; defined and described.
1) makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act;
2) aggravates a crime, or makes it greater than it was, when committed;
3) changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed;
4) alters the legal rules of evidence, and authorizes conviction upon less or
different testimony than the law required at the time of the commission of the
offense;
5) assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
6) deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or
a proclamation of amnesty. (In re: Kay Villegas Kami, Inc., 35 SCRA 429, 431)
bill of attainder; defined.
• A bill of attainder is a legislative act which inflicts
punishment without trial. Its essence is the
substitution of a legislative act for a judicial
determination of guilt. (People vs. Ferrer, 48 SCRA
382, 395)
Example: Congress passes a law which authorizes the arrest
and imprisonment of communists without the
benefit of a judicial trail.
Constitutional rights of the accused
(Art. III, Bill of Rights)
1. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administra_x0002_tive bodies. (Sec. 16)
2. No person shall be held to answer for a criminal offense without due process of law. (Sec.
14[1])
3. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. (Sec. 13)

4. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is unjustifiable. (Sec. 14[2])
Constitutional rights of the accused
(Art. III, Bill of Rights)
4. No person shall be compelled to be a witness against himself. (Sec. 17)
Any person under investigation for the commission of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel. (Sec. 12[1])
No torture, force, violence; threat, intimidation, or any other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (Sec 12[2])
Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against
him. (Sec. 12[3])
5. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19[1])
6. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a
law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution
for the same act. (Sec. 21)
7. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty. (Sec. 11)
Statutory rights of the accused
Section 1, Rule 115, of the Revised Rules on Criminal Procedure
provides that in all criminal prosecutions, the accused shall be entitled:
1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
2. To be informed of the nature and cause of the accusation against him.
3. To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment, x x x
4. To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him at the trial, x x x
7. To have compulsory process issued to secure the attendance of witnesse s and production
of other evidence in his behalf.
8. To have a speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner prescribed by law.
Rights which may be waived
• Right of the accused to confrontation and cross-examination
Note: These are personal rights.

Rights which may be NOT waived

• Right of the accused to be informed of the nature and cause of the accusation
against him
Note: These are rights which involve public interest.
Characteristics of criminal law

1. General
2. Territorial
3. Prospective
Characteristics of criminal law
1. General
• Criminal is binding on all persons who live or sojourn in Philippine territory
(Art. 14, New Civil Code)
• "The Philippine s is a sovereign stat e with the obligation and the right of every
government to uphold its laws and maintain order within its domain, and with the
general jurisdiction to punish persons for offenses committed within its territory,
regardless of the nationalityof the offender. (Salonga and Yap, Public International
Law, p. 169) No foreigner enjoys in this country extra-territorial right to be
exempted from its laws and jurisdiction, with the exception of heads of states and
diplomatic representatives who, by virtue of the customary law of nations, are not
subject to the Philippine territorial jurisdiction." (People vs. Galacgac, C.A., 54 O.G.
1027)
Characteristics of criminal law
1. General
• As a general rule, the jurisdiction of the civil courts is not affected by the military
character of the accused.
• Civil courts have concurrent jurisdiction with general courtsmartial over soldiers of the
Armed Forces of the Philippines.
• However, the Revised Penal Code or other penal law is not applicable when the military
court takes cognizance of the case, Articles of War apply. The prosecution of an accused
before a court-martial is a bar to another prosecution of the accused for the same offense.
Characteristics of criminal law
1. General

•EXCEPTIONS
a. treaties or treaty stipulation
b. laws of preferential application
Characteristics of criminal law
1. General

• EXCEPTIONS
• Persons exempt from the operation of our criminal laws by virtue of
principles of public international law are the following:
1) Sovereigns and other chiefs of state
2) Ambassadors, ministers plenipotentiary, ministers resident, and
charges d’affaires (consuls are not included)
These people possess immunity from the criminal jurisdiction of the
country of their sojourn and cannot be sued, arrested or punished by the
law of that country.
Characteristics of criminal law
1. General
2. Territorial
• As a rule, penal laws or criminal laws of the Philippines are enforceable
only within its territory.
• Article 2 of the RPC provides that the provisions of said code shall be
enforced within the Philippine Archipelago including its atmosphere, its
interior waters and maritime zone.
Characteristics of criminal law
1. General
2. Territorial
EXCEPTIONS
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Government of the Philippines;
3. Should be liable for acts connected with the introduction into the Philippines of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise
of their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of the Revised Penal Code.
Characteristics of criminal law
1. General
2. Territorial
3. Prospective
• Crimes are punished under the law in force at the time of their commission.
• EXCEPTIONS:
• Whenever a new statute dealing with crime establishes conditions more lenient or
favrable to the accused, it can be given a retroactive effect.
• But this exception has no application:
1) Where the new law is expressly made inapplicable to pend_x0002_ing actions or
existing causes of action. (Tavera vs. Valdez, 1 Phil. 463, 470-471)
2) Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal
Code. (Art. 22, RPC)
• Different effects of repeal of penal law.
1. If it makes the penalty lighter, the new law will apply.
2. If it imposes a heavier penalty, the old law will apply.
• The rule in both 1 and 2 is apply what’s more favorable to the
accused.
3. If it no longer criminalizes an act, there will be no crime.

• Penal laws are strictly construed against the

Government and liberally in favor of the accused.
YOUR
LOGO

GENERAL
PRINCIPLES
History of the Revised Penal Code
Date of Effectiveness
Two theories in Criminal Law

Reporter: XXX
BUSINESS PLAN
THE REVISED PENAL CODE or Act No. 3815
• This Code is called "Revised Penal Code," because the Committee which was created
by Administrative Order No. 94 of the Department of Justice. They were instructed to
revise the old Penal Code, taking into consideration the existing conditions, the
special penal laws and the rulings laid down by the Supreme Court.
• The Committee did not undertake the codification of all penal laws in the Philippines.
What the Committee did was merely to revise the old Penal Code and to include in
the draft the other penal laws related to it.
• The Revised Penal Code does not embody the latest progress of criminal science, as
the results of the application of advanced and radical theories "still remain to be seen."
• The old Penal Code, which was revised by the Committee, took effect in the
Philippines on July 14, 1887, and was in force up to December 31, 1931.
THE REVISED PENAL CODE or Act No. 3815
• The Revised Penal Code, as enacted by the Philippine Legisla_x0002_ture,
was approved on December 8, 1930. It took effect on January 1, 1932. Felonies
and misdemeanors, committed prior to January 1, 1932, were punished in
accordance with the Code or Acts in force at the time of their commission, as
directed by Art. 366 of the Revised Penal Code.
• The RPC consists of two books: Book One and Book Two
• Book One consists of two parts: (a) basic principles affecting criminal
liability (Arts. 1-20), and (b) the provisions on penalties including
criminal and civil liability (Arts. 21-113).
• In Book Two are defined felonies with the corresponding penalties,
classified and grouped under fourteen different titles (Arts. 114-365).
D a t e o f E f f e c t i v e n e s s .

Article 1. Time when Act takes effect. — This

Code shall take effect on the first day of
January, nineteen hundred and thirty-two .
Two theories in Criminal Law
1. Classical theory
a) The basis of criminal liability is human free will and the purpose
of the penalty is retribution.
b) That 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.
c) It has endeavored to establish a mechanical and direct proportion
between crime and penalty.
d) There is a scant regard to the human element. (Basic Principles,
Rationale, p. 2, by the Code Commission on Code of Crimes)
Two theories in Criminal Law
1. Classical theory
2. Positivist theory
a) That man is subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite of or
contrary to his volition.
b) That crime is essentially a social and natural phenomenon, and as
such, it cannot be treated and checked by the application of
abstract principles of law and jurisprudence nor by the
imposition of a punishment, fixed and determined a priori; but
rather through the enforcement of individual measures in each
particular case after a thorough, personal and individual
investigation conducted by a competent body of psychiatrists and
social scientists.
Article 2. Application of its provisions. - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of
their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined
in Title One of Book Two of this Code.
1. When the offender should commit an offense
while on a Philippine ship or airship.
• The Philippine vessel, although beyond three miles from the seashore,
is considered part of the national territory.
• Thus, any person who committed a crime on board a Philippine ship
or airship while the same is outside of the Philippine territory can be
tried before our civil courts for violation of the Penal Code.
• But when the Philippine vessel or aircraft is in the territory of a
foreign country, the crime committed on said vessel or aircraft is
subject to the laws of that foreign country.
• A Philippine vessel or aircraft must be understood as that which is
registered in the Philippine Bureau of Customs.
2. When the offender should forge or counterfeit
any coin or currency note of the Philippines or
obligations and securities issued by the
Government.
• Any person who makes false or counterfeit coins (Art. 163)
or forges treasury or bank notes or other obligations and
securities (Art. 166) in a foreign country may be prosecuted
before our civil courts for violation of Art. 163 or Art. 166 of
the Revised Penal Code.
3. When the offender should be liable for acts
connected with the introduction into the
Philippines of the obligations and securities
mentioned in the preceding number.
•It affects the economy of the country.
 4. When the offender, while being a public officer
or employee, should commit an offense in the
exercise of his functions.
• Among the crimes that may be committed in the exercise of public functions are:
• direct bribery (Art. 210),
• indirect bribery (Art. 211),
• frauds against the public treasury (Art. 213),
• possession of prohibited interest (Art. 216),
• malversation of public funds or property (Art. 217),
• failure of accountable officer to render accounts (Art. 218),
• illegal use of public funds or property (Art. 220),
• failure to make delivery of public funds or property (Art. 221), and
• falsification by a public officer or employee committed with abuse of his official position. (Art.
171)
• When any of these felonies is committed abroad by any of our public officers or employees while
in the exercise of his functions, he can be prosecuted here.
5. When the offender should commit any of the
crimes against the national security and the law
of nations.
• The crimes against the national security and the law of nations are
treason (Art. 114), conspiracy and proposal to commit treason (Art.
115), espionage (Art. 117), inciting to war and giving motives for
reprisals (Art. 118), violation of neutrality (Art. 119), correspondence
with hostile country (Art. 120), flight to enemy's country (Art. 121),
and piracy and mutiny on the high seas. (Art. 122)

The crimes punishable in the Philippines under Art. 2

are cognizable by the Regional Trial Court in which
the charge is filed.