CRIMINAL LAW 1

DEFINITION

• It is that branch or division of law which defines crimes,

treats of their nature, and provides for their punishment
 CRIMINAL LAW CRIMINAL PROCEDURE

It is substantive in character. It is remedial in character.

It defines crimes, treats of their nature, and provides It regulates the steps in the apprehension,
for their punishment. prosecution and conviction of accused if found
guilty.

Prospective, unless favorable to the accused. Retroactive; in favor of the ends of substantial
justice.

It is enacted by Congress. It is promulgated by the Judiciary.

 TERMS

• 1. Crime — an act or omission punishable by law.

• 2. Felony — a crime punishable under the Revised

Penal Code committed either intentionally or
negligently.

• 3. Offense — a crime punishable under special laws.

• 4. Infractions — violations of ordinances.

• 5. Malum in se ("evil in itself') — a crime or an act that is

inherently immoral, such as murder, arson, or rape.

• 6. Malum prohibitum ("prohibited evil") — an act that is a

crime merely because it is prohibited by statute, although
the act itself is not necessarily immoral.
 THEORIES IN CRIMINAL LAW
1. Classical or Juristic Theory

a. It states that a human person is essentially a moral creature with

absolute free will.
b. Its basic postulate is that humans are rational and calculating
beings who act according to their liking. They do not commit criminal
acts if threatened with punishment.
c. The concept of mens rea—or guilty mind, a guilty or wrongful
purpose or criminal intent, is the, main consideration
• Note: The Revised Penal Code belongs to the classical school of
thought
2. Positivist or Realistic Theory

a. The basis for criminal liability is the sum total of the social and
economic phenomena to which the offense is expressed
b. Man is subdued occasionally by a strange, and morbid
phenomenon in which constrains him to do wrong, in spite of or
contrary to his volition.
c. The crime is essentially a social and natural phenomenon and
as such, it cannot be treated and checked by applying
jurisprudence nor by imposition of a punishment, fixed and
determined
d. The purpose of penalty is to secure justice. The penalties
should not only be retributive but also reformative.
3. Eclectic or Mixed Theory

a. A combination of the good features of both the classical

and the positivist theories.
b. The classical theory should be applied to grievous or
heinous crimes, whereas, the positivist is made to apply on
economic and social crimes
4. Utilitarian or Protective Theory

The primary function of punishment is to protect society

from potential and actual wrongdoers
 SOURCES OF CRIMINAL LAW

1. The Revised Penal Code (Act No. 3815) and its

amendments;
2. Special Penal Laws;
3. Penal Presidential Decrees issued during Martial Law
Police Power as Basis

The State has the authority, under its police power, to

define and punish as well as to lay down the rules of
criminal procedure
 LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS

The Congress, in enacting penal laws are restricted by the

following Constitutional limitations:

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

enacted
 EX POST FACTO LAW
a. Makes criminal an act done before the passage of the law and which
was innocent when done, and punishes such an 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 it was committed
d. Alters the legal rules of evidence, and auhtorizes 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 or 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 is the substitution of legislative act
for a judicial determination of guilt
2. No person shall be held to answer for a criminal offense
without due process of law.
3. It should not impose cruel and unusual punishment
nor should it impose excessive fines.

– Note: R.A. No. 9346, approved on June 24, 2006 prohibits the
imposition of death penalty therefore repealing R.A. No. 7659,
and all other laws, executive orders and decrees, insofar as
they impose the death penalty
4. It must be general in application and must clearly
define the acts and omissions punished as crimes
5. 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 laws.
 CHARACTERISTICS OF CRIMINAL LAW

1. General
2. Territorial
3. Prospective
1. GENERAL

Generality Principle
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 Generality Principle:

1. Treaty Stipulations
2. Principles of Public International Law
3. Laws of Preferential Application
2. TERRITORIAL

Criminal laws undertake to punish crimes committed within

the Philippine territory.

General Rule: Penal laws of the Philippines are

enforceable only within its territory
Extraterritoriality- the application of the RPC outside the Philippine territory.

Exceptions (Artilce 2 RPC):

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

2. Should forge or counterfeit any coin or currency note of the Phil or
obligations and securities isuued by the Phil Gov’t.
3. Should be liable for acts connected with the introduction into the Phil
of obligations and securities issued by the Phil Gov’t.
4. While being public officers or employees, should commit an offense
in the exercise of their functions.
5. Should commit any of the crimes against national security and the
law of nations defined in Title One Book Two of the RPC.
3. PROSPECTIVE

General Rule: Criminal law merely punishes crimes

committed on or after its effectivity
Exceptions: (Retroactive Effect)

1. When the law is favorable to the accused

2. When the law decriminalizes an act
Exceptions to the exception:

1. Where the new law is expressly inapplicable to pending

actions or existing causes of action.
2. Where the offender is a habitual criminal.
Construction of Penal Laws

Penal laws are strictly construed against the Government

and liberally in favor of the accused.
Pro Reo Doctrine (Equipoise Rule)

Whenever penal law is to be construed or applied and the law

admits of two interpretations - one lenient to the offender and one
strict to the offender - that interpretation which is lenient or
favorable to the offender will be adopted.
LEGAL MAXIMS
• 1. Nullum crimen nulla poena sine lege — There is no
crime when there is no law that punishes it.
• 2. Actus non facit reum, nisi mens sit rea — The act
cannot be criminal unless the mind is criminal.
• 3. Actus me invito factus non est meus actus — An act
done by me against my will is not my act.
• 4. El que 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.
• REVISED PENAL CODE (ACT NO. 3815, as amended)

Book One consists of two parts:

1. Basic principles affecting criminal libaility (Arts. 1-20)
2. Provisions on penalties including criminal and civil libality (Arts. 21-
113)