CLAW 3: Prepared by:

CRIMINAL LAW ATTY. SHALLY MAE P.

VILLA, RPm

BOOK I
shallymae.villa@cvsu.edu.ph
DEFINITIONS AND
TERMS
CRIMINAL LAW

• that branch or division of law which defines crimes, treats of their nature,
and provides for their punishment
POWER TO DEFINE AND PUNISH CRIMES

• 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.
DUAL NATURE OF A CRIME

• as an offense against the State because of the disturbance of the social order

• as an offense against the private person injured by the crime, unless it

involves the crimes of treason, rebellion, espionage, contempt, and others
wherein no civil liability arises on the part of the offender
CRIME

• a generic term that embraces any violation of the Revised Penal Code,
special penal laws, city or municipal ordinances
FELONY

• an act or omission violative of the Revised Penal Code committed either

intentionally or negligently

• e.g., rape, murder, homicide, robbery, theft

OFFENSE

• an act or omission violative of a special law, i.e., any law other than the
Revised Penal Code

• e.g., violation of R.A. No. 9165 (Comprehensive Dangerous Drug Act),

violation of R.A. No. 9262 (Anti-Violence Against Women and their Children)
MISDEMEANOR

• a minor infraction of law

• e.g., petty theft, minor in possession of alcohol

MALA IN SE VS. MALA PROHIBITA
MALA IN SE
malum in se (singular form)
mala in se (plural form)
“evil in itself”
a crime or an act that is inherently
immoral
the act itself is not necessarily immoral
wrong from their nature
MALA PROHIBITA
malum prohibitum (singular form)
mala prohibita (plural form)
“prohibited evil”
an act that is a crime merely because
it is prohibited by statute, although
wrong because they are prohibited
by special laws
MALA IN SE VS. MALA PROHIBITA
MALA IN SE
penalized under the Revised Penal
Code
intent governs
the stages of execution
(consummated, frustrated, or
attempted) affect the penalty
imposable
MALA PROHIBITA
punished by special laws
intent is immaterial; thus, good faith
and lack of intent are not valid
defenses
the stages of execution are not
considered
MALA IN SE VS. MALA PROHIBITA
MALA IN SE MALA PROHIBITA
e.g., murder, arson, rape e.g., violation of P.D. No. 1866, as
amended by R.A. No. 8294 (illegal
possession of firearms); violation of
B.P. Blg. 22 (issuance of bouncing
checks); violation of P.D. No. 1829
(obstruction of justice); violation of
R.A. No. 9165
SOURCES OF CRIMINAL LAW

1. Revised Penal Code and its amendments

2. Special Penal Laws

3. Penal Presidential Decrees issued during Martial Law

BASIC PRINCIPLES OF
CRIMINAL LAW
CHARACTERISTICS OF CRIMINAL LAW

1. General (Principle of Generality)

2. Territorial (Principle of Territoriality)

3. Prospective (Principle of Prospectivity)

GENERAL

• Criminal law is general in application because it applies to all persons who

commit crime in the Philippines.

• Penal law is binding to all persons who live or sojourn in the Philippines,
whether citizens or not.
GENERAL

Legal Basis: Article 14 of the Civil Code of the Philippines

Article 14. Penal laws and those of public security and safety shall be obligatory
upon all who live and sojourn in the Philippine territory, subject to the principles
of public international law and to treaty stipulations.
EXCEPTIONS TO THE GENERAL
APPLICATION OF CRIMINAL LAW

1. Treaty or treaty stipulations

2. Law of preferential application

3. Principles of public international law

TREATY OR TREATY STIPULATIONS

Treaty: an agreement formally signed, ratified, or adhered to between two

countries or sovereigns
PRINCIPLES OF PUBLIC INTERNATIONAL
LAW

The following persons are exempt from the operation of the Philippine criminal
laws by virtue of the principles of public international law:

• Sovereigns and other Chief of State

• Ambassadors
• Ministers Plenipotentiary
• Ministers Resident
• Charges D’affaires
RULE ON DIPLOMATIC REPRESENTATIVES
• their main function is to protect the political interest of the sending State

• they are the heads of missions or members of diplomatic staff (e.g.,

ambassadors or public ministers and their official retinue)

• vested with blanket immunity from civil and criminal suits

• whether the crime is function-related or not, he is exempt from criminal

prosecution
RULE ON CONSULAR AGENTS
• their main function is to protect the commercial interest of the sending State

• consuls, vice-consuls, and consular agents

• immune from criminal prosecution of acts performed in the exercise of their

function

• vested with consular immunity, provided that the crime is function-related

PROBLEM

Alex, the driver of the US Ambassador to the Philippines, drove and operated
the embassy issued car in a reckless and imprudent manner. As a
consequence, he hit and bumped a young boy peddling in the street resulting to
his death. Can Alex be charged and prosecuted before the Philippine courts?
PROBLEM

Alex, the driver of the US Ambassador to the Philippines, drove and

operated the embassy issued car in a reckless and imprudent manner. As a
consequence, he hit and bumped a young boy peddling in the street resulting to
his death. Can Alex be charged and prosecuted before the Philippine courts?
 No, Alex cannot be charged and prosecuted before Philippine courts.
Under the principle of generality, members of the official retinue of the
US Ambassador in the Philippines are entitled to the immunity enjoyed by the
US Ambassador.
In this case, Alex, being the official driver of the US ambassador to the
Philippines, is exempt from the application of the Philippine penal laws.
Therefore, Alex cannot be charged and prosecuted before Philippine
courts.
TERRITORIAL

• Criminal law is territorial in character because it undertakes to punish crimes

committed within the Philippine territory. Penal laws of the Philippines are
enforceable only within its territory.
TERRITORIAL

Legal Basis: Article 2 of the Revised Penal Code in relation to Article I of the
1987 Constitution of the Republic of the Philippines
 ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around, between,
and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
TERRITORIAL

General Rule: Penal laws of the Philippines have force and effect only within its
territory.

Exceptions:
1. The RPC shall not be enforced within or outside the Philippine territories if so
provided under:
a. treaties
b. laws of preferential application
Exceptions:
2. As provided under Article 2 of the RPC:
a. should commit an offense while on Philippine ship or airship
b. should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Philippine Government
c. should be liable for acts connected with the introduction into the Philippines
of obligations and securities issued by the Philippine Government
d. while being public officers or employees, should commit an offense in the
exercise of their functions
e. should commit any of the crimes against national security and the law of
nations
PROBLEM

Angelo and Betty, a married couple, are on a cruise touring Asia on board a
Philippine registered Super Ferry. While the ship was in the territorial waters of
Spain, Angelo killed Betty. Can Alex be criminally charged in the Philippines?
PROBLEM

Angelo and Betty, a married couple, are on a cruise touring Asia on board a
Philippine registered Super Ferry. While the ship was in the territorial
waters of Spain, Angelo killed Betty. Can Angelo be criminally charged in the
Philippines?
 Yes, Angelo can be criminally charged in the Philippines.
Under the principle of extraterritoriality, when an offense is committed
on board a Philippine ship, the offender can be criminally charged in the
Philippines.
In this case, since Angelo killed Betty while on board the Super Ferry,
even if they were in the territorial waters of Spain, Angelo would still be liable
under the Philippine laws. The ship is an extension of the Philippine territory.
Therefore, Angelo can be criminally charged in the Philippines.
PROBLEM

Jay and Ayra are husband and wife. Jay worked as an overseas worker in Hong
Kong. While in Hong Kong, Jay cohabited with Fe. Jay and Fe have committed
concubinage. Can Jay and Fe be charged and prosecuted for such crime in the
Philippines?
PROBLEM

Jay and Ayra are husband and wife. Jay worked as an overseas worker in Hong
Kong. While in Hong Kong, Jay cohabited with Fe. Jay and Fe have committed
concubinage. Can Jay and Fe be charged and prosecuted for such crime in the
Philippines?
 No, Jay and Fe cannot be charged and prosecuted for the crime of
concubinage in the Philippines.
Under the principle of territoriality, Philippine penal laws can only be
enforced if the crime is committed within Philippine territory.
In this case, the crime was committed in Hong Kong, which is outside
the territorial jurisdiction of the Philippines.
Therefore, Jay and Fe cannot be charged and prosecuted for the crime of
concubinage in the Philippines.
PROBLEM

Andrew and Joseph went to Japan as tourists. Andrew stole the expensive
watch of Joseph while they were inside a hotel in Japan. When they arrived
home, that was the time Joseph realized that Andrew stole his watch while they
were in Japan. Joseph filed a case for theft against Andrew. Will the charge
prosper?
PROBLEM

Andrew and Joseph went to Japan as tourists. Andrew stole the expensive
watch of Joseph while they were inside a hotel in Japan. When they arrived
home, that was the time Joseph realized that Andrew stole his watch while they
were in Japan. Joseph filed a case for theft against Andrew. Will the charge
prosper?
 No, the charge will not prosper.
Under the principle of territoriality, Philippine penal laws can only be
enforced if the offense is committed within Philippine territory.
In this case, the crime was committed in Japan which is outside of the
territorial jurisdiction of the Philippines.
Therefore, the charge will not prosper.
PROSPECTIVE

• Criminal law is prospective in character and cannot make an act criminal when
it was innocent at the time it was committed.

• Crimes are punished under the laws in force at the time of their
commission.

• Penal laws apply to cases or acts done on the day the law takes effect and
onward.
PROSPECTIVE

Legal Basis: Article 21 of the Revised Penal Code

Article 21. Penalties that may be imposed. – No felony shall be punishable by

any penalty not prescribed by law prior to its commission.
PROSPECTIVE

Legal Basis: Article 366 of the Revised Penal Code

Article 366. Application of laws enacted prior to this Code. – Without

prejudice to the provisions contained in Article 22 of this Code, felonies and
misdemeanors, committed prior to the date of effectiveness of this Code shall be
punished in accordance with the Code or Acts in force at the time of their
commission.
PROSPECTIVE

General Rule: Criminal law cannot penalize an act that was not punishable at
the time of its commission.

Exception: Criminal law can be given retroactive effect:

1. when it is favorable to the accused who is not a habitual delinquent
2. when the law itself provides for retroactive application
3. when the law decriminalizes an act
HABITUAL DELINQUENT
Article 62. Effect of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. –
xxx
For the purpose of this article, a person shall be deemed to be habitual
delinquent, if within a period of ten years from the date of his release or last
conviction of the crime of robbery, theft, estafa, or falsification, he is found
guilty of any of said crimes a third time or oftener.
CONSTRUCTION OF
PENAL LAWS
HOW PENAL LAWS ARE CONSTRUED

Rule 1: Liberally in favor of the accused.

No act should be considered criminal unless it is clearly made by the law.

HOW PENAL LAWS ARE CONSTRUED

Rule 2: Strictly against the State when the law is ambiguous and there is doubt
as to its interpretation.
HOW PENAL LAWS ARE CONSTRUED

Rule 3: Spanish text of the Revised Penal Code prevails over its English
translation.

In the construction or interpretation of the provision of the Revised Penal Code,

the Spanish text is controlling, because it was approved by the Philippine
Legislature in its Spanish text.
HOW PENAL LAWS ARE CONSTRUED

Rule 4: Equipoise doctrine

When the evidence of the prosecution and of the defense is equally balanced,
the scale should be tilted in favor of the accused in obedience to the
constitutional presumption of innocence. He should be acquitted.
HOW PENAL LAWS ARE CONSTRUED

Rule 4: Pro reo doctrine

In dubio, pro reo (“When in doubt, for the accused”)

When a circumstance is susceptible to two interpretations, one favorable to

the accused and the other against him, that interpretation favorable to him
shall prevail.
LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL
LAWS
LIMITATIONS

1. No ex post facto law or bill of attainder shall be enacted.

Constitution, Article III, Section 22. No ex post facto law or bill of attainder
shall be enacted.
Ex post facto law: a law which
a. makes criminal an act done before the passage of the law and which was innocent when
done, and punishes such act
b. aggravates a crime, or makes it greater than it was, when committed
c. changes the punishment and inflicts a greater punishment than the law annexed to the
crime when committed
d. 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 an offense
e. assumes to regulate civil rights and remedies only, in effect imposes penalty of
deprivation of a right for something which when done was lawful
f. 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 proclamation of
amnesty
Bill of attainder: it is a legislative act that inflicts punishment without judicial
trial, its essence being the substitution of legislative fiat for a judicial
determination of guilt

E.g., Congress passes a law which authorizes the arrest and imprisonment of
communists without the benefit of a judicial trial.
LIMITATIONS

2. No person shall be held to answer for a criminal offense without due process of
law.

Constitution, Article III, Section 14(1). No person shall be held to answer for a
criminal offense without due process of law.

Due process of law has been defined many, many times, and simply means that
before a man can be deprived of his life, liberty or property, he must be given an
opportunity to defend himself.
LIMITATIONS

3. No law that provides for cruel and unusual punishment shall be passed.

Constitution, Article III, Section 19(1). Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment inflicted. x x x
LIMITATIONS

4. It must be general in application and must clearly define the acts and
omissions punished as crimes.
LEGAL MAXIMS IN
CRIMINAL LAW
Nullum crimen nulla poena sine lege (There is no crime when there is no law
that punishes it.)

Actus non facit reum, nisi mens sit rea (The act cannot be criminal unless the
mind is criminal.)

Actus me invito factus non est meus actus (An act done by me against my
will is not my act.)
El ques es causa de la causa es causa del mal causado (He who is the
cause of the cause is the cause of the evil caused.)

Dura lex, sed lex (The law is harsh but it is the law.)

Ignorantia legis neminem excusat (Ignorance of law excuses no one.)