CRIMINAL LAW 1

 The Revised Penal Code of the Philippines or Act

No. 3815, as amended, took effect on January 1,
1932.
 It is divided into two books, namely:
qBook 1: Articles 1 to 113 (General Provisions
Regarding the Date of Enforcement and
Application of the Provisions of this Code, and
Regarding the Offenses, the Persons Liable, and
the Penalties.)
qBook II: Articles 114 to 367 (Crimes and
Penalties)
 Amendments were made to the
Re v i s e d Pe n a l C o d e w i t h
REPUBLIC ACT No. 10951 (An
Act Adjusting the Amount or
t h e Va l u e o f Pr o p e r t y a n d
Damage on Which a Penalty is
Based and the Fines Imposed
Under the Revised Penal Code,
Amending for the Purpose Act
No. 3815, Otherwise Known as
"The Revised Penal Code", as
Amended)
INHERENT powers of the
State

1. Police Power

2. Power of Eminent Domain or

Power of Expropriation; and

3. Power of Taxation
POLICE POWER
 The power of the State to regulate liberty and property for
the promotion of the general welfare.

The tests to determine the validity of a police measure are as

follows:
 1. The interests of the public generally require the exercise
of the police power (lawful subject).
It means that the subject of the measure is within the
scope of the police power, that is, that the activity or property
sought to be regulated affects the public welfare.
 2. The means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive
upon individuals (lawful means).
 Police power is the plenary power vested in the legislature to
make, ordain, and establish wholesome and reasonable laws,
statutes and ordinances, not repugnant to the Constitution,
for the good and welfare of the people. This power to
prescribe regulations to promote the health, morals,
education, good order or safety, and general welfare of
the people flows from the recognition that salus populi est
suprema lex – the welfare of the people is the supreme law.

May be delegated and may be exercised by the

a. President and administrative boards
b. L a w m a ki n g b o d i e s o f m u n i c i p a l c o r p o r a t i o n s o r l o c a l
governments under an express delegation by the Local
Government Code of 1991. (MMDA, et al. v. Viron Trans. Co., Inc.,
supra.).
TAXATION
 The power to tax includes the power to
destroy if it is used as an implement of
the police power (regulatory) of the
State. However, it does not include the
power to destroy if it is used solely for
the purpose of raising revenue.

 The existence of the government is a

necessity; the main source of the
government is taxes. These are
the life-blood of the government. The
government will not be able to survive
and continue to perform its functions
without taxes.
EMINENT DOMAIN
 This
power enables the State to acquire private
property, upon payment of just compensation, for
some intended public use.
 Just
compensation is described as a full and fair
equivalent of the property taken from the private
owner by the expropriator. This is intended to
indemnify the owner fully for the loss he has
sustained as a result of the expropriation.
 Underexisting laws, the following
may exercise the power of
expropriation or eminent domain:
 1. Congress
 2. President
 3. Local legislative bodies
 4. Certain public corporations.
 5. Quasi-public corporation like the
PNR.
 The rule is, the power of eminent
domain should be interpreted
liberally in favor of the private
property owner.
THREE BRANCHES OF
GOVERNMENT
CRIMINAL LAW
 It is that branch of public or municipal law which…
v defines the criminal offenses and
v prescribes specific punishment for them.

It is a branch of public law because it treats of acts and omissions of

citizens which are deemed primarily as wrongs against the State more
than against the offended party.

This is the reason why when CRIMINAL cases have been filed in courts, the
caption is People of the Philippines versus XXXX (Accused). The Accused here is
charged by the People of the Philippines.
Is the enactment and application of
penal laws absolute?

 NO.

 PENAL LAWS are those acts of the legislature

which prohibit certain acts and establish
penalties for their violations; or those that
define crimes; treat of their nature and
provide for their punishment.
Limitations on penal laws found
in the 1987 Constitution:
“SECTION 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws.”
 What is Due Process?
 substantive or procedural
 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.
 The STATE, as well as the ACCUSED, is entitled to due process of law. The
scale must be balanced for justice to prevail.
 Justice must be rendered even-handedly to both the accused, on one
hand, and the State and the offended party, on the other.
 If there is a violation of due process, the order of a quasi-judicial or
judicial body or any tribunal is null and void.
“SECTION 12. (2) 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.”

 What is being banned is a “flagrantly and plainly

oppressive punishment”, wholly disproportionate to
the nature of the offense as to shock the moral sense
of the community”.

 Example, the penalty of life imprisonment cannot be

meted out against one who is caught of jaywalking.
“SECTION 22. No ex post facto law or
bill of attainder shall be enacted.”
 A law is ex post facto when it makes an act or omission
criminal which when committed was not yet so. This is
applicable only on criminal legislation.
 Makes an act punishable as a crime when such act was not
an offense when committed
 Prescribes greater punishment for a crime already
committed

 Bill of Attainder: a legislative act which inflicts punishment

without a trial.