Professional Documents
Culture Documents
GENERAL PROVISIONS
Criminal law
That branch or division of law which defines crimes, treats of their nature and provides for their
punishment
Crime
An act committed or omitted in violation of public law forbidding or commanding it
Sources of Philippine Criminal law
1. RPC and its amendments
2. Special Penal Laws
3. Presidential Decrees during Martial Law
( Court Decisions are not sources, being merely explanations of the meaning of laws)
Purpose of the state in punishing the crimes
1.
2.
3.
4.
POLICE POWER the inherent power of the state in promoting public welfare by restraining and regulating
the use of liberty and property
Common Law Crimes
Body of principles, usages and rules of action which do not rest for their authority upon any express
and positive declaration of the will of legislature.
The State has the authority, under its police power, to define and punish crimes and lay down the rules of
criminal procedure, EXCEPT:
1. No ex post facto law or bill of attainder shall be enacted (prohibits the passage of retroactive laws)
2. No person shall be held to answer for a criminal offense without due process of law (laws must be of
general application and must clearly define the acts and omissions punished as crimes)
Ex post facto law
1. Makes criminal an act 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, 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 is entitled
Bill of attainder
A legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt.
Constitutional rights (Constitution)
Right to speedy disposition of cases before all
TERRITORIALITY
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As a General Rule, Criminal laws undertake to punish crimes committed within Philippine territory
EXCEPT: (Art.2)
1. Should commit an offense while on Philippine ship or airship
Philippine aircraft or vessel is that which is registered in the Bureau of Customs
Philippine courts have no jurisdiction for crimes committed in the high seas on board vessels
not registered
2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities
issued by the Government of the Philippines
Forgery or counterfeiting in a foreign country, may be prosecuted before our civil courts
3. Should be liable for acts connected with the introduction into the Philippines of the obligations and
securities mentioned in the preceding number
4. While being public officers or employees should commit an offense in the exercise of their functions
Direct/indirect bribery, fraud against public treasury, possession of prohibited interest,
malversation of public funds or property, falsification committed with abuse of position,
illegal use of public funds/ property, failure to render accounts, failure to make delivery of
public funds/property
Felonies committed abroad while in the exercise of his functions
5. Should commit any of the crimes against national security and the law of nations, defined in Title One
of Book Two of the RPC
Treason, conspiracy and proposal to commit treason, espionage, violation of neutrality,
correspondence with hostile country, flight to enemys country, piracy and mutiny on the high
seas.
PROSPECTIVITY
A penal law cannot make an act punishable in a manner in which it was not punishable when
committed EXCEPT, whenever a new statute establishes conditions more lenient or favorable to the accused,
in which case, it can be given retroactive effect EXCEPT FURTHER:
1. The new law expressly made inapplicable to pending actions or existing causes of action
2. Where the offender is habitual criminal under Rule 5
REPEALS
1. New law making the penalty lighter = New law EXCEPT when the offender is a habitual delinquent
or when the law is made not applicable to pending actions
2. New law making the penalty heavier = Old law will apply
3. New law totally repeals existing law making the act not punishable anymore = the crime is
obliterated.
Construction of penal laws
1. Penal laws are strictly construed against the Government and liberally in favor of the accused (only
when it is ambiguous and there is doubt , and not when the law is clear and unambiguous)
2. The Spanish text is controlling, since it was approved by the Philippine Legislature in its Spanish text.
Article 1 Date of Effectiveness
Theories in Criminal Law
1. Classical the basis of criminal liability is human free will and the purpose of the penalty is
retribution
2. Positivist man is subdued occasionally by a strange and morbid phenomenon which constrains him
to do wrong, in spite of or contrary to his own volition
Crimes committed on board foreign merchant ship or airship
1. French Rule not triable UNLESS it affects the peace and security of the territory or the safety of the
State
2. English Rule triable, UNLESS it merely affects things within the vessel or to the internal
management thereof.
o
Situations
A crime committed inside Philippine ship or airship = Philippines has jurisdiction even
though outside Philippine territory
Vessel/aircraft inside the territory of the foreign country = Foreign country
Crime committed on the high seas/ not registered = Philippines has no jurisdiction
FISCAL
Philippine vessel of Philippine Registry (With the Bureau of Customs)
a. Within the territory of another = Philippine laws do not apply but that of the country having
jurisdicition
b. If on the high seas/beyond the Philippine jurisdiction = Philippine laws apply following the
UNCLAWS
Unregistered Vessel
a. The nationality of the owners are determinative factors
b. If unassumed by foreign country, the Philippines assumes jurisdiction
In Transit/continuing offense
Article 3 FELONIES
FELONIES acts or omissions punishable by law
Requisites Intentional
Felonies (Dolo/Malice)
Requisites of
Culpable Felonies
Requisites of Mistake of
fact
Freedom
Intelligence
Negligence,
imprudence, lack of
foresight , lack of skill
Had they been the real fact, there would not be any felony committed. But even if they were not the
real facts, since the accused acted in good faith, they acted without intent, hence their acts were
involuntary
Mistake must be without fault or carelessness on the part of the accused.
The act must be lawful.
Intent to commit the crime is not necessary. It is sufficient that he has the intent to perpetrate the act
prohibited. Motive is not sufficient.
The act alone constitutes the offense
By doing the act, it is considered that the act is injurious to public welfare
Good faith and absence of criminal intent are not valid defenses
Can crimes be mala in se and mala prohibita at the same time? Or can a single incident violate special
law at the same time violate RPC?
Yes, when acts are inherently immoral, they are mala in se even if punished under special law.
Intent vs Motive
o
o
Motive the moving power which impels one to action or a definite result
Intent the purpose to use a particular means to effect such results.
Nature
Intent
Law
Effect
Circumstances/stages
Good Faith
perpetrators
Mala in se
Inherently wrong
Intent is required
RPC
Whole society
Applicable
Is a defense
May be a principal,
accessory or accomplice
Mala prohibita
Wrong because of the special law
Intent is not required, commission is enough
Special law
Affects only a portion of society
Circumstances are not applicable
Is not a defense
None. All are deemed principals
Proximate cause is that cause which in its natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury and without which the result would not have occurred.
(proximate = immediate)
There is no proximate cause if:
1) There is an active force that intervened between the felony committed and the injury
2) The resulting injury is due to the intentional act of the victim
The following are not efficient intervening causes: (causes not capable of superseding the cause and effect)
a)
b)
c)
d)
e)
Infractions of law for the commission of which a penalty of arresto menor or a fine not
exceeding 200 pesos, or both is provided
o
Generally, felonies have to be consummated BUT Felonies committed against persons or property are
punishable even if attempted or frustrated because the law punishes the moral depravity of the person.
Art. 8 Conspiracy and proposal to commit felony are punishable only in cases in which the law
specifically provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decided to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.
o
In the absence of a law specifically providing a penalty, mere conspiracy and proposal to commit
felony are not punishable. REASON: preparatory acts are regarded by law as innocent except in rare
cases.
Examples of conspiracies punishable under RPC are treason (against external security), rebellion and
sedition. In the event that these felonies have been committed, the person committing the same shall
be liable only for the crime committed and the conspiracy is absorbed since the conspiracy is only a
manner of incurring criminal liability.
Indications of conspiracy
Acts aimed at the same object, one performing one part and the other performing another
part, that their acts were concerted and cooperative indicating closeness
There must be unity of purpose and unity in the execution of the unlawful objective.
Period of time to afford opportunity for meditation and reflection, not required in conspiracy.
Direct proof is not essential to establish conspiracy, and may be inferred from the collective
acts of the accused before, during and after the commission of the crime.
Conspiracy must be proven beyond reasonable doubt and must be established by positive and
conclusive evidence.
Requisites of conspiracy
1. 2/more persons came to an agreement
2. the agreement concerned the commission of a
felony
3. the execution of the felony be decided upon
o
Requisites of proposal
1. a person has decided to commit a felony
2. he proposes its execution to some other persons or
person
In proposal, the treason or rebellion should not be actually committed. However if the same was
actually committed after and because of the proposal, the proponent would be liable as principal by
inducement.
It is not necessary that the person to whom the proposal is made agrees to commit treason or
rebellion.
Art. 9 Grave felonies are those which the law attaches a capital punishment or penalties which in any of
their periods are afflictive, in accordance with Article 25 of this Code
Less grave felonies are those which the law punishes with penalties which in their maximum are
correctional, in accordance with the above-mentioned article
Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a
fine not exceeding 200 pesos or both is provided.
Sec. 10 Offenses which are or in the future may be punishable under special laws are nto subject to the
provisions of this Code. This code shall be supplementary to such laws, unless the latter should
specially provide the contrary.
o
Cases
1. Us vs Taylor = There are no common law crimes in the Philippines.
2. Us vs sweet = As a general rule, the jurisdiction of civil courts is not affected by the military character
of the accused. Civil courts have concurrent jurisdiction with military court martials. However, when
military courts take cognizance, RPC will not apply but the articles of war, and the prosecution before
the court martial bars another prosecution for the same offense.
3. People vs Tamayo = When the repeal is absolute the offense ceases to be criminal.
4. Us vs Ah Chong =
5. Pp vs sunico
6. Pp vs arsenia Garcia
7. Pp v de Fernando
8. Pp vs narvaes
9. Us vs taniego
10. Tabuena vs sandiganbayan
Legal maxims
1. Cessante ratione legis cessat ipsa lex the reason for the law ceasing, the law itself also ceases.
2. Nullum crimen nulla poena sine lege - there is no crime when there is no law punishing it
3. Actus non facit reum, nisi mens sit rea a crime is not committed if the mind of the person
performing to act complained be innocent
4. Ignorantia facti excusat mistake of fact relieves the accused from criminal liability
5. Actus me invite factus non est meus actus an act done by me against my will is not my act