Offense- punishabke by Special Penal Laws (SPL)

Felony- punishable by Revised Penal Code (RPC)

Misdemeanor- Acts that are violation of simple rules and regulations

Ex: Rape- Felony (RPC)

THEORIES:
● Classical Theory- mans freewill to choose between good or evil

● Positivist Theory- person who commit a crime who is in sick( rehab and reform)
● Utilitarianism
Jeremy Bentham - Hedonic Calculus
- Is used to evaluate how much pleasure or pain would be
caused by an action.
● Ecletic/ Mixed Theory- combination of the classical and positivist theory

Characteristics of criminal law:

1.Generality- the penal law of the country is binding on all persons who reside or sojourn in the
Philippines.
Exceptions:
A. Treaty stipulations (under kasunduan)
B. Laws of preferencial application
C. Principles of public International law

2. Territoriality- penal laws of the Philippines are enforceable and effect only within its territory.

A. Terrestrial Jurisdiction - jurisdiction excercised over the land.

B. Fluvial Jurisdiction - over maritime and interior water
C. Aerial Jurisdiction - over the atmosphere

3. Prospectivity- criminal law has no retroactive effect.

Ex: Case of Onel de Guzman in 2000, the I Love You virus. This act was done before the law,
so it is not punishable.

General Provisions

Criminal Law
- is the body of law that relates to crime. It regulates social conduct and prescribes
whatever is threatening, harmful, or otherwise endangering to the property, health,
safety, and moral welfare of people.
Article 2: Application of its provisions

General rule - Intraterritorial refers to the application of the RPC within the Philippine territory
(Land, Air, Water)

Exception: Extraterritorial refers to the application of the RPC outside the Philippine territory.

Par. 1: Crimes Committed aboard Philippine ship or Airship

- The philippine Law shall apply to offenses committed in vessels registered with the
Bureau of Customs. It is the registration not the citizenship of the owner which matters.
i. Philippine waters ( Intraterritorial), or
ii. The high seas i.e waters NOT under the jurisdiction of any state (Extraterritorial) two rules as
to jurisdiction over crimes committed aboard.

Philippine Law- registered with the Bureau of Customs

Philippine waters - Body of water
Vessels- Water Craft
High seas- Do not know who's jurisdiction
Ex: border of both country or outside of their country

Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the
territorial waters of another country:

A. French rule:
- Where the merchant is registered.
Ex: Ship is registered in U.S, U.S Law is applied

General rule: Crimes committed aboard a foreign vessels within the territorial waters of a
country are not triable in the counts of such country.

Exception: commission affects the peace and security of the territory or the safety of the state is
endangered.

B. English rule: (in Ph.)

General rule: crimes committed aboard a foreign vessel within the territorial waters of a country
are triable in the court of such country.

Exception: when the crime merely affects things within the vessel or it refers to the internal
management thereof:

Note: The Philippines adhere to the English Rule.

However, these rules are NOT APPLICABLE if the vessel is on the high seas when the crike
was committed. In these cases, the laws of the nationality of the ship will always apply.

International Theories on Aerial Jurisdiction

A. Free Zone Theory - the atmosphere over the country is free and not subject to yhe
jurisdiction of the subjacent state, except for the protection of its national security and
public order.
B. Relative Theory - the subjacent state exercises jurisdiction over the atmosphere only to
the extent that it can effectively exercise control thereof;
C. Absolute theory - the adjacent state has complete jurisdiction over yhe atmosphere
above it subject only to the innocent passage by aircraft of a foreign country.
- Under this theory, if the crime is committed in an aircraft, no matter how high, as
long as it can be established that it is within the Philippine atmosphere, Philippine
law will govern.

Limitations on the powers of the congress to make laws:

● No Ex Post Facto Law shall be enacted

- Is a law that makes criminak an act done before the passage of the law and
which was innocent when done, and punishes such an act; it may also be defined
as a law which aggravates a crime, or makes it greater than it was, when
committed.

● No Bill of Attainder shall be passed

- A bill of attainder is a law which inflicts punishment without trial.

Mixed or Eclectic - applies in Philippines

“Innocense until proven Guilty”

“Guilty until proven Innocense“

Felonies and Circumstances which affect Crimina Liability:

A. Felony- RPC

Article 3 Definitions- Acts and commission punishable by law are felonies (delitos).
- Felonies are committed not only be means of deceit (dolo) but also by means of fault
(culpa). There is deceit when the act is persormed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack of
skill.
Dolo- with means, intent
Culpa- Accident, Imprudence, Negligence

Elements of felonies:
1. There must be an act or ommission.
2. This must be punishable by the RPC.
3. Act or Ommission was done by means of deceit (dolo).

A. ACT - is any bodily movement tending to produce some effects in the external world.
B. OMMISSION - inaction, the failure to perform an act, one is bounded to do.

Ommitted- sinunod ang utos

Committed - ginawa nya mismo

Basic Maxims of Criminak Law:

1. Nullum Crimen, Nulla Poena Sine Lege

- There is no crime when there is no law punishing it.

Doctrine of Pro Reo- when there is no doubt about the meaning or application or interpretation
of a penal law and the doubt admits of two interpretations, one which is lenient to the offender
and the other one is favorable to him, then the interpretation which is favorable to the accused
should be applied.

2. Actus Non Facit Reum, Nisi Mens Sit Rea

- The act cannot be criminal when the mind is not criminal.
3. Actus Me Non Invito Factust Nonest Meus Actus
- Any acts done by me against my will is not my act.
4. Dura Lex Sed Lex
- The law maybe harsh but it is the law.
5. Ignorantia Legis Non Excusat
- ignorance of the law excuses no one from compliance therewith. (Art. 3, New
Civil Code)
6. ignorantia Facti Excusat
- ignorance or mistake of fact relieves the accused from criminal liability.
Classification of Felonies according to yhe means by which they are committed:

1. Intentional Felonies- committed by deceit or malice (dolo)

Requisites:
A. Freedom
B. Intelligence
C. Intent

2. Culpable Felonies- by means of fault (culpa)

Requisites:
A. Freedom
B. Intelligence
C. Imprudence ( Lack of Skill)
D. Negligence ( Lack of foresight)

Imprudence Vs. Negligence

IMPRUDENCE
- Lack of skill
- Involves a deficient of action
- Failure to make precautionis imprudence

NEGLIGENCE
- Lack of foresight
- A deficiency of perception
- Failure to use diligence is negligence

Mens Rea
- Criminal Intent
- The gravamen of a certain crime

Mistake of Fact
- Misapprehension of fact on the part of the person who caused injury to another.
- He is not liable for absence of criminal intent.

Ex: same CP, kaya nagkamali ng nadampot ( by accident - without intention)

Requisites:
● The act would have been lawful had the facts been as the accused believed them to be.
● The intention of yhe accused in performing the act should be lawful.
● That the mistake must be without fault or carelessness on the part of the caused.
Crimes Mala In Se
1. Serious in effects to the society as to call for their unanimous condemnation.
2. Wrongful in nature
3. Generally punished by RPC
4. Intent is necessary

Crimes Mala Prohibita

1. Are violations of mere rules of convenience designed to secure a more orderly affairs of
the society
2. Made wrongful only by statute
3. Punished by Special Penal Laws
4. Intent may not be necessarry.

Motive and Intent

Motive
- the koving power which impels ones to action for a definite result.

Intent
- The purpose to use a particular means to affect such result.