CRIMINAL LAW REVIEWER

Criminal Law is the branch or division of law

which defines crimes, threat of their nature,
and provides for corresponding punishment.
Crime is an act committed or omitted in
violation of public law forbidding or
commanding it.
Sources of the Philippine Law
1. The Revised Penal Code (R.A 3815) and
its amendments.
2. Special Penal laws passed by Philippine
Commission, Philippine Assembly,
Philippine Legislature, National
Assembly, The Congress of the
Philippines and Batasang Pambansa.
3. The Presidential Decree issued during
the Martial Law.
Common Law vs Statutory Law
Common Law a law that has been developed
on the basis of preceding rulings by a judges.
Statutory Law a written law passed by
legislature and government of a country and
those which have been accepted by the society.
Limitations on the power of the lawmaking
body to enact penal legislation.
1. No ex post facto law or bill of attainder
shall be enacted.
2. No person shall be held to answer for a
criminal offense without due process of
law.
3. No to infliction of cruel punishments.
An ex post facto law is one which:
1. Makes criminal act done before passage
of the law and which was innocent was
done and punishes such an act.
2. Aggravates a crime or makes it greater
than it was, when committed.
3. Changes the punishment and inflicting 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.
6. Deprives a person accused of a crime
some lawful protection to which he has
become entitled.
A bill of attainder is a legislative act which
inflicts punishment/penalty without judicial
trial.

Construction of Penal Laws

Favoured to the accused
Strictly against the state
Doctrine of the Equipoise when the
evidence of the prosecution and of the
defense is equally balanced, the scale
should be title in favour of the accused
in obedience to the constitutional
presumption of innocence.
void for vagueness doctrine that a
law cannot be enforced if it is vague or
confusing that the average person could
not figure out what is being prohibited
or what the penalties are for breaking
the law.
Doctrine of Pro Reo when a
circumstance is susceptible to two
interpretations, one favourable to the
accused and the other against him, that
interpretation favourable to him shall
prevail.
Constitutional Rights of an Accused
Rights to a speedy disposition of
their cases before all judicial, quasijudicial, or administrative bodies.
Rights to due process of law
Rights to bail
Right to be heard by himself and
have counsel
Rights to remain silent and rights to
self incrimination
Excessive fines shall not be imposed
nor cruel degrading or inhuman
punishment inflicted.
No person shall be twice put a
jeopardy of punishment for the
same offense.
Free access to the courts and quasijudicial bodies and adequate legal
assistance shall not be denied to
any person by reason of poverty
Characteristics of criminal law
1. Generality means that all the criminal
law of the country governs all persons
of the country regardless of their
beliefs, race, gender, or creed.
R.A. No. 75 AN ACT TO PENALIZE
ACTS WHICH WOULD IMPAIR THE
PROPER OBSERVANCE BY THE
REPUBLIC AND INHABITANTS OF THE
PHILIPINES OF THE IMMUNITIES,
RIGHT, AND PRIVILEGES OF DULY
ACCREDITED FOREIGN DIPLOMATIC
AND CONSULAR AGENTS OF THE
PHILIPPINES.

It is well settled that a consul is not

entitled to the privileges and
immunities of an ambassador or
minister, but is subject to the laws
and regulations of the country to
which he is accredited.
2. Territoriality penal laws of the
country have force and effect within its
territory.
3. Prospectivity penal laws only operate
prospectively (moving forward); also
called irretrospectively.
Exception to the application of Prospective
Criminal Law:
When theres a new law that is
favourable to the accused, there will be
a retroactive effect. But there are two
exceptions (1) if the new law is not
applicable to the pending actions (2)
when the accused is a habitual offender
under article 62 section 5 of the RPC.
Different effects off the repeal on penal law:
1. New Law < Old Law New law shall be
applied; except for those habitual
delinquent.
2. New Law > Old Law the law applied is
at the time of commission of an
offense.
3. If new Law totally repeals the existing
law the crime will obliterated.
Note:

When the repeal law is

absolute; the offenses ceases
to criminal.
When the new law and old
law penalize the same
offense; the offender can be
tried under the law; however
if the new law is favourable
should prevail.
When the repeal law fails to
punish the offense under the
old law; the accused cannot
be convicted under the new
law.

THE REVISED PENAL CODE

(ARTICLE 3815, AS AMENDED), AN ACT TO
REVISE THE PENAL CODE AND OTHER SPECIAL
LAWS.
BOOK ONE: GENERAL PROVISIONS REGARDING
THE DATE OF ENFORCEMENT AND THE
APPLICATION OF THE PROVISIONS OF THIS

CODE AND THE PERSONS LIABLE, AND THE

PENALTIES.
HISTORY OF THE REVISED PENAL CODE
The Code Commission was created via
Administrative Order No. 94 by
Department of Justice date October 18,
1927.
Anacleto Diaz appointed as chairman of
the commission. Quintin Paredes,
Guillermo Guevarra, Alex Reyes and
Mariano H. De Joya as a members.
The Code Commission ask to revise the
old penal code taking into consideration
of the existing conditions, special laws
and rulings laid down by the supreme
court.
The Committed did not undertake the
codifications of all Penal Laws in the
Philippines. What they did is to merely
revise the old Penal Code and drafted
the Penal Laws related to it.
The Old Penal Code took effect on July
18, 1887 and ended up on December
31, 1931.
The Revised Penal Code approved on
December 8, 1930 and took effect on
January 1, 1932. For those who
committed felony prior the revising of
the penal code, were punished
accordance at the time of the offenses
were made under Article 366 of the
RPC.
Article 1: Time when Act takes effect. This
Code shall take effect on the first day of
January, nineteen hundred and thirty two.
There are two theories of Criminal Law namely;
(1) Classical Theory and (2) Positivist Theory
1. Classical Theory (1) The basis of
criminal liability is human freewill and
the purpose of the penalty is
retribution. (2) That man is essentially a
moral creature with an absolutely free
will to choose between good and evil
thereby placing more stress upon the
effect or result of the felonious act than
upon the man, the criminal itself. (3) It
has endeavoured to establish a
mechanical and direct proportion
between crime and penalty.
2. Positivist Theory This theory views a
criminal merely as a sick man who
needs reformation and cure instead to
be punishment.

Article 2: Applications of its provisions Except

a provided in the treaties and laws of
preferential application, the provisions of this
code shall be enforced not only within the
Philippine Archipelago, including of its
atmosphere, interior waters and maritime
zone, but also outside of its jurisdiction against
those who:
1. Should commit an offense while on
Philippine airship or ship.
2. Should forge or counterfeit any coin or
currency notes of the Philippines Island
or Obligations and Securities issued by
the Government of the Philippines
Island.
3. Should be liable for acts connected
with the introduction into these islands
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 or
5. Should commit any of the crimes
against national security and law of
nations, defined in Title One of Book
Two of this Code.
When the offender should commit an
offense while on Philippine airship or
ship.
General Rule: The Philippine vessel, although
beyond three miles from the seashore are
considered as part of national territory. Thus
any person who committed a crime inside the
Philippine airship or ship same while it is
outside the Philippine territory can be tried
before the civil court under the violation of
revised Penal Code. However, the Philippine
vessel should registered in the Bureau of
Customs as compliance with the Philippine law.
The Philippine court has no jurisdiction over
the crime of theft committed on the high seas
on board a vessel if it is not registered or
licensed in the Philippines.
When the offender should forge or
counterfeit any coin or currency notes of
the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands.
General Rule: Any person who makes or
imports or counterfeits the coins and currency
of the country or forges the Treasury Notes or
other securities issued by the Government can
be tried under the violation of Article 163 and
166 of the Revised Penal Code.

When the offender, while being a public

officers and employees, should commit an
offense in the exercise of their functions.
General Rule: Any government employees who
committed crime while in these of their
functions are directly bribery and can be tried
under the anti-graft and corruption act.
When the offender, should commit any
crimes against national security and the
laws of nation, defined in the Title of the
Book 2 of this code.
General Rule: Any person committed crimes
against national security and the law of nations
are treason.
Crimes that are punishable in the Philippines
under Article two are cognizable by the
Regional Trial Court in which the charge is
filed.
Exceptions of this Article 2:
Treaties
Laws of Preferential Application
o RP-US Visiting Forces
Agreement
o Military Bases Agreement
o Diplomatic Immunity
Public International Law
Crimes committed on board of a foreign
merchant ship or airship
General Rule: Any persons of the Philippines
who committed crimes on a foreign merchant
ship or airship cannot be tried in the Philippine
Court instead to Foreign Court.
Exceptions: When the foreign vessel failed to
provide suitable means for securing animals
while transporting them on a foreign port to the
Philippine port is under jurisdiction of the
Philippine Court when forbidden conditions
existed during the time the ship was within
territorial waters.
Rules as to jurisdiction over crimes
committed aboard foreign merchant
vessels.
French Rule: Such crimes are not triable in the
courts of that country, unless their commission
affects the peace and security of the territory or
the safety of the state is endangered.
English Rule: Such crimes are triable in the
courts in that country, unless they merely affect
things within the vessel or they refer to the
internal management thereof. The Philippines
follow this rule.

Do the Philippines Court have jurisdiction

over crime of homicide committed on
board a foreign merchant vessel by a
member of the crew against another?
General Rule: All felonious homicide undergo
trial into the local court.
Crimes not involving a breach of public
order committed on board a foreign
merchant vessel in transit not triable by
our courts.
General Rule: Mere possession of opium in a
foreign merchant vessel in transit is not triable
in the Philippines. However, possession of
opium in a foreign merchant vessel not in
transit (terminal port) in the Philippines is an
open violation of Philippine laws. Also, smoking
of opium aboard English vessel while anchored
2 miles in Manila bay constitutes a breach of
public order.

Philippine courts have no jurisdiction over

offenses committed on foreign warships in
territorial waters.
Distinction must be made between merchant
ships and warships.
Article 3: Definition Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only by means of
deceit (dolo) also by means of fault (culpa).
There is a deceit when the act is performed
with deliberate intent; and there is fault when
the wrongful act results imprudence,
negligence, lack of foresight, or lack of skills
Felony acts and omissions punishable by the
Revised Penal Code.
Felony Violation of Revised Penal Code
Violations Violation of Special Laws
Crime Violation of ordinary/public law
Elements of felonies:
1. There must be an act or omission
2. That the act or omission must be
punishable by the Revised Penal Code.
3. That the act is performed or the
omission incurred by means of dolo or
culpa.
Act any bodily movement tending to produce
some effect in the external world. It being
unnecessary that the same be actually
produced, as the possibility of its production to
sufficient.

Omission - is meant inaction, the failure to

perform a positive duty which one is bound to
do. There must be a law requiring the doing or
performance of an act.
Nullum crimen, nullum poene sine lege no
crime when there is no law punishing it.