Criminal law 1 notes pdf

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our collection of information through the use of cookies. To learn more, view our Privacy Policy. Reminders in Criminal Law (Part 1) 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 defined as an act committed or omitted in violation of public law
forbidding or commanding it. It is a positive or negative act in violation of penal law; an offense against the state. Felonies are acts and omissions punishable by the Revised Penal Code. Felonies are classified according to the means by which they are committed, into: (a) intentional felonies, and (b) culpable felonies. (Article 3, Revised Penal Code)
Accused is a person formally charged in court for having violated a penal law – either the Revised Penal Code or a special penal law. Rationale for the Liberal Construction of Penal Laws The principle of statutory construction that penal laws are liberally construed in favor of the accused and strictly against the State is deeply rooted in the need to
protect constitutional guarantees. This principle serves notice to the public that only those acts clearly and plainly prohibited in penal laws are subject to criminal sanctions. To expand penal laws beyond their clear and plain meaning is no longer fair notice to the public. Thus, the principle insures observance of due process and equal protection of the
law. (Tenebro vs. CA, G.R. No. 150758, 18 February 2004) Limitations on the Legislative Power to Enact Penal Laws a.No ex post facto law shall be enactedb.No bill of attainder shall be enactedc.No law that violates equal protection clause of the constitution shall be enactedd.No law which imposes cruel and unusual punishments nor excessive fines
shall be enacted. Characteristics of Criminal Law General. Philippine criminal laws are binding on all persons who live or sojourn in the Philippines. Whoever you are, whatever be your creed, religion, sex or nationality, as long as you reside in the Philippine territory penal laws of the Philippines shall apply on you. Exception: (a) Treaty stipulations;
(b) Laws of preferential application; and, (c) Principles of Public International Law. Territorial. Philippine criminal law undertakes to punish crimes committed only within the Philippine territory. Outside of the parameters of the Philippine archipelago, Philippine criminal laws can not be enforced. Exception: Under Art. 2 of the Revised Penal Code,
Philippine criminal laws shall be enforced outside of the jurisdiction of our country against those who: a.Should commit an offense while on a Philippine ship or airship. b.Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines.c.Should be liable for acts
connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number.d.While being public offers or employees, should commit an offense in the exercise of their functions; or,e.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. (Article 2, Revised Penal Code) Prospective . A penal law can not make an act punishable when it was not punishable when committed. Crimes are punished under the laws in force at the time the same were perpetrated.
There is no crime without a penalty and there is no penalty without a law. Exception: Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony who is not a habitual criminal. Intentional Crimes and Crimes by Means of Negligence In intentional crimes, the act itself is punished; in negligence or imprudence, what is
principally penalized is the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight, the imprudencia punible . Compared to intentional felonies, such as homicide or murder, what takes the place of the element of malice or intention to commit a wrong or evil is the failure of the offender to take precautions due
to lack of skill taking into account his employment, or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time, and place. (People vs. Garcia, G.R. No. 153591, 23 February 2004) Mistake of Fact and Ignorance of the Law Mistake of fact is a misapprehension of fact on the part of the person who caused
injury to another. Such person will not incur any criminal liability since he did not act with criminal intent. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act.As a general rule, mistake of fact or good faith of the accused is a valid defense in a prosecution for a felony by dolo ; such
defense negates malice or criminal intent.

However, ignorance of the law is not an excuse because everyone is presumed to know the law. Ignorantia legis non excusat . (Manuel vs. People, G.R. No. 165842, 29 November 2005) Mala in Se and Mala Prohibita Mala in se are crimes which are wrong from their nature, such as murder, theft, rape, etc., while those that are mala prohibita are
wrong, merely because they are prohibited by statute, like Illegal Possession of Firearm or violation of the Omnibus Election Law.Crimes mala in se are those so serious in their effects or society as to call for the almost unanimous condemnation of its members, while crimes mala prohibita are violations of mere rules of convenience designed to secure
a more orderly regulation of the affairs of society. Good Faith Not a Valid Defense against Crimes Mala Prohibita This distinction between crimes mala in se and crimes mala prohibita is important with reference to the intent with which a wrongful act is done. The rule on the subject is that in acts mala in se , the intent governs; but in acts mala
prohibita , the only inquiry is, has the law been violated? When an act is illegal, the intent of the offender is immaterial and good faith is not a valid defense. (Tan vs. Ballena, G.R. No. 168111, 4 July 2008) Crimes May Be Committed Even Without Criminal Intent In felonies committed by means of culpa, criminal intent is replaced by negligence and
imprudence. Upon the other hand, in crimes mala prohibita , it is merely required that the offender has the intention to perpetrate the act prohibited by the special penal law. In both instances, the existence of criminal intent is no longer required. A Special Penal Law may be considered as Mala in Se When the acts punished by special penal laws are
inherently immoral or inherently wrong, they are still considered as mala in se and it does not matter that such acts are punished under the Revised Penal Code. In fact, in plunder, its predicate crimes are mainly mala in se for being wrong by nature. Thus, it would be absurd to treat prosecutions for plunder as though they are mere prosecutions for
violations of the Bouncing Check Law or of an ordinance against jaywalking, without regard to the inherent wrongness of the acts. (Estrada vs. Sandiganbayan, G.R. No. 148560, 10 November 2001) Intent and Motive Motive is the moving power which impels one to action for a definite result. Intent, on the other hand, is the purpose to use a
particular means to effect such result. Motive alone is not proof of a crime. In order to tip the scales in its favor, intent and not motive must be established by the prosecution. Motive is hardly ever an essential element of a crime. Circumstances when Motive is Relevant As an accepted principle, proof of motive in criminal prosecutions is neither
indispensable nor necessary if the guilt of the accused is otherwise established by sufficient evidence, as the absence of motive or the apparent lack of it is not proof of innocence. However, when there is no eyewitness and there is doubt as to whether the accused is or is not the person who committed the offense charged, the question of motive
becomes important. In such case, proof of motive is a substantial aid in completing the proof of the commission of the crime by the accused and in attaining the necessary judicial perspective of the case. (People vs. Abillar, G.R. No. 134606, 29 November 2000) Criminal Liability Criminal Liability shall be incurred by any person committing a felony
although the wrongful act done be different from that which he intended. It shall also be incurred by any person performing an act with malice which would have been an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. (Article 4 of
the Revised Penal Code)