DEFINE CRIMINAL LAW d.

outside its jurisdiction

A body of rules and statutes that defines conduct 3. PROSPECTIVITY

prohibited by the government because it threatens and
harms public safety and welfare and that establishes
punishment to be imposed for the commission of such acts.
SOURCES OF CRIMINAL LAW
1) The Revised Penal Code (RA 3815) and its amendments;
2) Republic Acts;
THEORIES OF CRIMINAL LAW
3) Presidential Decrees, and
4) Other Special Penal laws passed by the Philippine
Commission, Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and
the Batasang Pambansa
CHARACTERISTICS OF CRIMINAL LAW
1. GENERALITY
- Penal laws are obligatory to all persons
sojourning or residing in Philippine territory
- Irrespective of age, sex religion, political creed
and the like
EXCEPTIONS:
PUBLIC INTERNATIONAL LAW:
- A penal law does not have retroactive effect
- If favorable to the accused, a penal law MAY
be given retroactive effect EXCEPT if the
accused is a HABITUAL DELINQUENT
- Applies not only to original amendatory
statutes and administrative rulings but also
applies to judicial decisions
1. Classical Theory Man is essentially a moral
creature with an absolute free will to choose
between good and evil and therefore more stress
is placed upon the result of the felonious act than
upon the criminal himself.
2. Positivist Theory Man is subdued occasionally
by a strange and morbid phenomenon which
conditions him to do wrong in spite of or contrary
to his volition.
3. Eclectic or Mixed Philosophy -This combines
both positivist and classical thinking. Crimes that
are economic and social in nature should be dealt
with in a positivist manner; thus, the law is more
compassionate. Heinous crimes should be dealt
with in a classical manner; thus, capital
punishment

INCLUSIVE & EXCLUSIVE applies only to BASIC CRIMINAL LAW OF THE PHILIPPINES

Sovereigns or Heads of State CONSTRUCTION OF PENAL LAWS

Ambassadors 1. Criminal Statutes are liberally construed in favor of

the offender. This means that no person shall be
Ministers resident or plenipotentiary brought within their terms who is not clearly within
them, nor should any act be pronounced criminal
Charge daffaires and Attaches which is not clearly made so by statute.
2. The original text in which a penal law is approved
LAWS OF PREFERENTIAL APPLICATION: in case of a conflict with an official translation.
3. Interpretation by analogy has no place in criminal
SUPERIOR TO ANY STATUTE
law
Member of Congress under Art VI, Sec. 11, 1987
Constitution LEGISLATIVE LIMITATIONS ON ENACTING PENAL
LAWS
Extension of Immunity under RA 75
1. Must be general in application.
2. TERRITORIALITY
2. Must not partake of the nature of an ex post facto law.
4 PARTS OF PHILIPPINE TERRITORY
3. Must not partake of the nature of a bill of attainder.
a. Atmosphere - above the islands
4. Must not impose cruel and unusual punishment or
comprising the archipelago
excessive fines.
b. interior waters - Waters separating the
islands

c. maritime zone - extends to 12 miles from

the outermost coastline
DEFINITION 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.
DEFINITION OF NULLUM CRIMEN NULLA POENA SINE
LLEGE
There is no crime when there is no law punishing the
same. This is true to civil law countries, but not to
common law countries.
Because of this maxim, there is no common law crime in
the Philippines. No matter how wrongful, evil or bad the
act is, if there is no law defining the act, the same is not
considered a crime.
DEFINITION AGUS NON FACIT REUM NISI MENS SIT
REA
The act cannot be criminal where the mind is not criminal.
This is true to a felony characterized by dolo, but not a
felony resulting from culpa. This maxim is not an absolute
one because it is not applied to culpable felonies, or those
that result from negligence.
DEFINITION OF UTILITARIAN PROTECTIVE THEORY
The primary purpose of the punishment under criminal
law is the protection of society from actual and potential
wrongdoers. The courts, therefore, in exacting retribution
for the wronged society, should direct the punishment to
potential or actual wrongdoers, since criminal law is
directed against acts and omissions which the society does
not approve. Consistent with this theory, the mala
prohibita principle which punishes an offense regardless
of malice or criminal intent, should not be utilized to apply
the full harshness of the special law.
MALA IN SE
Violations of the Revised Penal Code are referred to
as malum in se, which literally means, that the act is
inherently evil or bad or per se wrongful
MALA PROHIBITA
- Violation of special penal laws
- The violation of the law exists when the act
prohibited is committed
- It has no concern with the character and effect
of the act (people vs. ca, 135 scra372)
- Malice and intent are not essential in crimes
punishable by special laws
- Good faith is not a defense and criminal intent
is not an element
- Not all violations of special laws are mala
prohibita. While intentional felonies are
always mala in se, it does not follow that
prohibited acts done in violation of special
laws are always mala prohibita. Even if the
crime is punished under a special law, if the
act punished is one which is 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.
- Likewise when the special laws requires that
the punished act be committed knowingly and
willfully, criminal intent is required to be
proved before criminal liability may arise.
- When the act penalized is not inherently
wrong, it is wrong only because a law
punishes the same.
APPLICATION OF PENAL LAWS AND ITS EXCEPTIONS
Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
Should commit an offense while on a Philippine
ship or airship
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
Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number
While being public officers or employees, should
commit an offense in the exercise of their
functions
Should commit any of the crimes against national
security and the law of nations, defined in Title
One of Book Two of this Code.
CRIMES VS FELONIES
Crime is an action or omission by a person having capacity
of any act, which is either prohibited or compelled by law,
and the commission or omission of which is punishable by
a proceeding brought in the name of the government
whose law has been violated
Felonies are ACTS OF OMISSIONS PUNISHABLE BY LAW
OR THE REVISED PENAL CODE
CONCEPT OF DOLO AND CULPA
- Both are felonies
- Dolo is intentional
o Freedom
o Intelligence
o Intent

- Culpa is not intentional
o Freedom
o Intelligence
o Negligence of imprudence
MALICE
The intentional commission of a wrongful act, absent
justification, with the intent to cause harm to others;
conscious violation of the law that injures another
individual; a mental state indicating a disposition in
disregard of social duty and a tendency toward
malfeasance.
INTENT
- determination to do a certain thing; an aim;
the purposeof the mind; including such
knowledge as is essential to such intent, the
design to resolve, or determination with
which a person acts (guevarra vs. almodovar,
169 scra 476)
- the purpose to use a particular means to effect
a particular result
- an element of a crime
MOTIVE
- the reason which impels one to commit an act
for a definite result
- not an element of a crime
- becomes relevant and its absence may assume
determinative significance only when the
accused has not been positively identified and
proof thereof becomes essential only when
evidence of commission of the crime is purely
circumstantial or is inconclusive (people vs.
balinas, 202 scra 516,517)
NEGLIGENCE
Deficiency of perception; failure to foresee impending
danger, usually involves lack of foresight
PROXIMATE CAUSE
Such adequate and efficient cause as, in the natural order
of events, and under the particular circumstances
surrounding the case, which would necessarily produce
the event.
Requisites:
1. the direct, natural, and logical cause
2. produces the injury or damage
3. unbroken by any sufficient intervening cause
4. without which the result would not have occurred
CONSPIRACY
- It exists when 2 or more persons come to an
agreement concerning the commission of a
felony and decide to commit it
- Exceptions:
o Treason
o Rebellion, insurrection, coup detat
o Sedition
o Arson
PROPOSAL TO COMMIT CONSPIRACY
- There is proposal when a person who had
decided to commit a felony proposes its
execution to some other person or persons
- Exceptions:
o Treason
o Rebellion, insurrection, coup detat
o Malicious damage or destruction of
any building by explosives or
incendiary device
HOW IS CRIMINAL LIABILITY INCURRED
- By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended
- By any person performing an act which would
be an offense against persons or property,
were it not for the inherent impossibility of its
accomplishment, or on account of the
employment of inadequate or ineffectual
means
DEFINE ERROR IN PERSONAE/Mistake of the person
It refers to mistake of a persons identity. Injuring one
person who is mistaken for another (this is a complex
crime under Art. 48)
In error in personae, the intended victim was not at the
scene of the crime. It was the actual victim upon whom the
blow was directed, but he was not really the intended
victim.
Error in personae is mitigating if the crime committed is
different from that which was intended. If the crime
committed is the same as that which was intended, error in
personae does not affect the criminal liability of the
offender.
DEFINE ABERRATIO ICTUS
- Mistake in the blow
- Hitting somebody other than the target due to
lack of skill or fortuitous instances
DEFINE MISTAKE OF FACT
A misapprehension of fact on the part of the person who
caused injury to another. He is not criminally liable.
DEFINE PRAETER INTENTIONEM
- He who is the cause of the cause is the cause
of the evil caused
 - Where the result exceeded the criminal intent Desistance is true only in the attempted stage of the
and the resulting felony cannot be foreseen felony. If under the definition of the felony, the act done is
already in the frustrated stage, no amount of desistance
STAGES ON CONVICTION OF A CRIME AND FELONY will negate criminal liability.

Consummated The spontaneous desistance of the offender negates only

- When all the elements necessary for its
execution and accomplishment are present
Frustrated
- When the offender performs all the acts of
execution which would produce the felony as
a consequence but which, nevertheless, do not
produce it by reason of causes independent of
the will of the perpetrator
Attempted
the attempted stage but not necessarily all criminal
liability. Even though there was desistance on the part of
the offender, if the desistance was made when acts done by
him already resulted to a felony, that offender will still be
criminally liable for the felony brought about his act
In deciding whether a felony is attempted or frustrated or
consummated, there are three criteria involved:
(1) The manner of committing the crime;
(2) The elements of the crime; and
(3) The nature of the crime itself.

- When the offender commences the

commission of a felony directly by overt acts,
and does not perform all the acts of execution
which should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance

KINDS OF FELONIES

Grave felonies

- Those which the law attaches the capital

punishment or penalties which in any of their
periods are afflictive, in accordance with
article 25 of the revised penal code

Less grave felonies

- Those which the law punishes with penalties

which in their maximum period are
correctional, in accordance with article 25 of
the revised penal code

Light felonies

- Those infractions of law, the commission of

which the penalty of arresto menor or a fine
not exceeding 200 pesos or both is provided
- Punishable only when they have been
consummated, with the exception of those
committed against persons or property

NATURE OF DESISTANCE

Desistance theory is a criminological phenomenon which

describes how criminal offenders stop their offending
behavior. Desistance theory strives to explain the process
by which offenders come to live life free from
criminality. craigaharper.wordpress.com/

Desistance on the part of the offender negates criminal

liability in the attempted stage.