Criminal-Law book 1. base on the RPC OF THE PHILIPPINES

CRIMINAL LAW I
Revised Penal Code Book 1

FUNDAMENTAL PRINCIPLES

Criminal Law – Branch of law, which
defines crimes, treats of their nature,
and provides for their punishment.
Ø A penal law, as defined by this Court,
is an act of the legislature that
prohibits certain acts and
establishes penalties for its
violations. It also defines crime,
treats of its nature and provides for its
punishment (Elvira Yu Oh v. Court of
Appeals, G.R. No. 125297, [June 6,
2003], 451 PHIL 380-397).

Theories in Criminal Law
1. Classical Theory – The basis of criminal liability is human free will and the
purpose of the penalty is retribution.
2. Positivist Theory – The basis of criminal liability is the sum of the social,
natural, and economic phenomena to which the actor is exposed.
3. Eclectic or Mixed Theory – It is a combination of positivist and classical
thinking wherein crimes that are economic and social in nature should be
dealt in a positive manner, thus, the law is more compassionate.
4. Utilitarian or Protective Theory – The primary purpose of punishment under
criminal law is the protection of society from actual and potential wrongdoers.

Sources of Criminal Law
1. Classical Act No. 3815 or the Revised Penal Code and its Amendments
2. Special Penal Laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Batasang
Pambansa, and Congress of the Philippines
3. Penal Presidential Decrees issued during Martial Law by President Marcos
4. Penal Executive Orders issued during President Corazon Aquino’s Term

Basic Maxims in Criminal Law
1. Nullum crimen, nulla peona sine lege – There is no crime when there is no
law punishing the same.
2. Actus non facit reum, nisi mens sit rea – The act cannot be criminal where
the mind is not criminal.
3. Doctrine of Pro Reo – Whenever a 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.
4. Actus me invito factus non est meus actus – An act done by me against my
will is not my act.

Constitutional Limitations on the Powers of Congress to
Enact Penal Laws
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 the laws (Sec
1, Article III, 1987 Constitution).
2) No person shall be held to answer for a criminal offense without due process
of law (Sec 14 [1], Article III, 1987 Constitution).
3) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted (Sec 19 [1], Article III, 1987 Constitution).
4) No ex post facto law or bill of attainder shall be enacted (Sec 22, Article III,
1987).

Equal Protection Clause
Requisites for a valid classification:
The classification must:
1. Rest on substantial distinctions.
2. Be germane to the purpose of the law.
3. Not be limited to existing conditions only.
4. Apply equally to all members of the same class.
Due Process – Due process is 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
(twin requirements of notice and hearing).

Non Imposition of Cruel and Unusual Punishment
Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law (Article III, Section 19,
1987 Constitution).

Act Prohibiting the Imposition of Death Penalty (RA 9346)
Section 2. In lieu of the death penalty, the following shall be imposed:
(a) The penalty of reclusion perpetua, when the law violated makes use of the
nomenclature of the penalties of the Revised Penal Code; or
(b) The penalty of life imprisonment, when the law violated does not make use
of the nomenclature of the penalties of the Revised Penal Code.
Section 3. Person convicted of offenses punished with reclusion perpetua, or whose
sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be
eligible for parole under Act No. 4180, otherwise known as the Indeterminate
Sentence Law, as amended.

Bill of Attainder
Ø A bill of attainder is a legislative act which inflicts punishment without trial.
Its essence is the substitution of a legislative act for a judicial determination of
guilt. It is a violation of the Constitution because it offends the due process
clause and has the features of ex post facto law.

Ex Post Facto Law
An ex post facto law is one which:
1. Makes criminal an act which done before the passage of the law and which
was innocent when done, and punishes such an act.
2. Aggravates a crime, or makes it greater that it was, when committed.
3. Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed.
4. 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 the
offense.
5. Assumes to regulate civil rights and remedies only, but in effect imposes
penalty or deprivation of a right for something which when done was lawful.
6. 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
a proclamation of amnesty.

o Crime – The generic term used to refer to a wrong doing punished either under
Revised Penal Code or under a Special Law.
o Special Law – It is a penal law which punishes acts not defined and penalized
by the RPC. They are statutes enacted by the Legislative branch, penal in
character, which are not amendments to the RPC.

Classification of Crimes
As to the Manner of or Mode of
Execution (Article 3)
i. Dolo or felonies committed with deliberate intent
ii. Culpa or those committed by means of fault
As to the Stage of Execution (Article
6)
i. Consummated
ii. Frustrated
iii. Attempted
As to Gravity (Article 9)
i. Light felonies
ii. Less grave felonies
iii. Grave felonies
As to Nature
i. Mala in se
ii. Mala prohibita
As to Count
i. Compound
ii. Composite or special complex
iii. Complex under Article 48
iv. Continued
v. Continuing
As to Division
i. Formal felonies
ii. Material felonies
iii. Those which do not admit frustrated stage

Mala in Se and Mala Prohibita
BASIS MALA IN SE MALA PROHIBITA
As to their concepts
There must be a criminal intent. Sufficient that the prohibited act was done.
Wrong from its very nature.
Wrong merely because prohibited by
statute.
Criminal intent governs. Criminal intent is not necessary.
Punished under the RPC.
Violations of special laws.
Note: Not all violations of special laws are
mala prohibita. Even if the crime is
punished under a special law, if the act
punished is one which in inherently wrong,
the same is malum in se, and, therefore
good faith and the lack of criminal intent is
a valid defense unless it is the product of
criminal negligence or culpa.

Mala in Se and Mala Prohibita
BASIS MALA IN SE MALA PROHIBITA
As to Legal
Implication
Good faith, lack of criminal intent,
or negligence are valid defenses.
Good faith or lack of criminal intent
are not valid defenses.
Criminal liability is incurred even
when the crime is attempted or
frustrated.
Criminal liability is generally incurred
only when the crime is consummated.
Penalty is computed on the basis of
whether he is a principal offender,
or merely an accomplice or
accessory.
The penalty of the offender is the
same as they are all deemed
principals.
Mitigating and aggravating
circumstances are appreciated in
imposing the penalties.
Such circumstances are not
appreciated unless the special law
has adopted the scheme or scale of
penalties under the RPC.

Violations of special laws which are
considered mala in se:
1. Piracy in Philippine Waters
(PD No. 532)
2. Brigandage in the Highways
(PD No. 532)
3. Plunder (RA 7080)
Ø Even is special law uses the
nomenclature of penalties under
the RPC, that alone will not make
the act or omission a crime mala in
se. The special law may only intend
for the Code to apply as a
supplementary (People v. Simon,
G.R. No. 93028, July 29, 1994).

Ø When the law is clear and unambiguous, there is no room for interpretation but
only for the application of the law. If there is ambiguity:
1. Penal laws are strictly construed against the State and liberally in favor of
the accused.
2. In the interpretation of the provisions of the RPC, Spanish text is
controlling.
Construction of Penal Laws

Effects of Repeal and Amendment of Penal Laws
1. When repeal makes the penalty
lighter in the new law
The new law shall be applied except when:
a. The new law is expressly made inapplicable to pending
actions or existing causes of actions.
b. Where the offender is a habitual criminal.
2. When repeal imposes a heavier
penalty
The law in force at the time of the commission shall be applied.
3. When repeal totally repeals the
existing law so that the act is no
longer punishable
The crime is therefore obliterated.
4. An absolute repeal of a penal law
Has the effect of depriving the court of its authority to punish a person
charged with violation of the old law prior to its repeal, except when:
a. There is a saving clause in the repealing statute that provides
that the repeal shall have no effect on pending actions.
b. Where the repealing act reenacts the former statute and
punishes the act previously penalized under the old law (Sec
v. Interport Resources Corporation, G.R. No. 145808
reiterating Benedicto v. CA.

Effects of Repeal and Amendment of Penal Laws
5. If penal law is expressly repealed
by another law
The crime is obliterated, and if there is a pending criminal
action at the time of the repeal, the same is to be dismissed.
The retroactivity of the repeal extends even to one convicted
under the repealed law and serving sentence by virtue of final
judgment unless he is a habitual delinquent or the repealing law
otherwise provides.
6. If there is merely an implied
repeal.
The pending criminal action at the time of the effectivity of the
second law impliedly repealing the first law is not dismissed
because the act punished in the first law is still punishable in the
second law.
7. When the law which expressly
repeals a prior law is itself
repealed.
The law first repealed shall not thereby revived unless
expressly so provided. But when a law which repeals by
implication a prior law is itself repealed, the repeal of the
repealing laws revives the prior law unless the repealing law
provides otherwise.

SCOPE OF APPLICATION AND
CHARACTERISTICS

SCOPE OF APPLICATION AND CHARACTERISTICS
1. GENERALITY – The criminal law of the country governs all persons who live or
sojourn within the country regardless of their race, belief, sex, or creed.
Exceptions:
a. Treaty Stipulations and International Agreements
b. Laws of Preferential Applications
c. Principles of Public International Law
d. Members of Congress (Sec 11, Art IV, 1987 Constitution)
Cardinal Features or Main Characteristics of
Criminal Law

2. TERRITORIALITY – The penal laws of the country have force and effect only
within its territory.
Exceptions: Article 2 of the RPC:
a. Should commit an offense while on a Philippine Ship or Airship.
b. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands.
c. Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the preceding number.
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.
Criminal Law

Philippine Ship – It is a vessel registered in accordance with Philippine laws. If
the vessel is in the high seas, it is considered as an extension of the Philippine
territory. But if the vessel is within the territory of another country, jurisdiction is
generally with the foreign State because penal laws are primarily territorial in
application.
Requirements of “an offense committed while on a Philippine Ship or
Airship:
1. The ship or airship must be registered with the Maritime Industry Authority
(MARINA).
2. The ship must be in the high seas or the airship must be in international
space.
Criminal Law

Rules on jurisdiction over merchant vessels
o FRENCH RULE – Recognizes the jurisdiction of the flag of the country for
crimes committed on board the vessel except if the crime disturbs the
peace and order and security of the host country.
o ENGLISH RULE – Recognizes that the host country has jurisdiction over
crimes committed on board the vessel unless involve the internal
management of the vessel.
Criminal Law

Commission by the public officer of an offense in the exercise of his function
–
General Rule: The RPC governs only when the crime committed pertains to
the exercise of his public official’s functions, those having to do with the
discharge of their duties in a foreign country.
Exception: The RPC governs if the crime is committed within the Philippine
Embassy grounds in a foreign country.
Criminal Law

Crimes that may be committed in the exercise of a public function:
1. Direct Bribery
2. Indirect Bribery
3. Frauds against Public Treasury
4. Possession of Prohibited Interest
5. Malversation of Public Funds or Property
6. Failure of Accountable Officer to Render Accounts
7. Illegal Use of Public Funds or Property
8. Failure to Make Delivery of Public Funds or Property
9. Falsification by a Public Officer of Employee Committed with Abuse of
Official Functions
10. Violation of RA 3019 (Anti-Graft and Corrupt Practices Act)
Criminal Law

Crime against National Security
1. Treason
2. Conspiracy and Proposal to
Commit Treason
3. Espionage
4. Inciting to War and Giving
Motives of Reprisal
5. Violation of Neutrality
6. Correspondence with Hostile
Country
7. Flight to Enemy’s Country
Criminal Law
Crimes against Law of Nations
1. Piracy
2. Mutiny on the High Seas

3. PROSPECTIVITY – Acts or omissions will only be subject to a penal law if they
are committed after a penal law had already taken effect.
Exception: Whenever a new statute dealing with a crime establishes
conditions more lenient or favorable to the accused.
Exception to the Exceptions: However, the new law cannot be given
retroactive effect even if favorable tot the accused:
a. When the law is expressly made inapplicable to pending actions or
existing causes of action (Tavera v. Valdez, G.R. No. 922, November 8,
1902).
b. When the offender is a habitual criminal (Art. 22, RPC).
Criminal Law

FELONIES

FELONIES
Felonies – acts or omissions punishable by the RPC.
Elements of Felonies:
1. An act or omission.
2. Punishable by the RPC.
3. The act is performed or the omission incurred by means of deceit or
fault.
Definition of Felonies (Article 3)

FELONIES
Kinds of Felonies:
1. Intentional Felonies (Dolo) – committed with criminal intent.
2. Negligent Felonies (Culpa) – where the wrongful act result from imprudence,
negligence, lack of foresight or lack of skill.
DOLO CULPA
As to Malice Act is malicious. Not malicious.
As to Intent With deliberate intent.
Injury caused is
unintentional being an
incident of another act
performed without malice.
As to the Source of the
Wrong Committed
Has intention to cause a
wrong.
Wrongful act results from
imprudence, negligence,
lack of foresight or lack of
skill.

Criminal-Law book 1. base on the RPC OF THE PHILIPPINES

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