sfsdfsdfsfxcvxvccccccccccMINAL LAW (REVISED PENAL CODE –BOOK 1)

CRIMINAL LAW (REVISED PENAL CODE –BOOK 2)

CRIMINAL PROCEDURE

CRIMINAL EVIDENCE

SPECIAL LAWS

COMPILED BY:

LUCIA M. HIPOLITO --ROMMEL K. MANWONG --ALFIE P. SARMIENTO

CRIMINAL LAW

(REVISED PENAL CODE -BOOK I)

CRIMINAL LAW DEFINED

Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides
for

their punishment.

When did the Revised Penal Code take effect?

The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).

Characteristics of Criminal Law

Criminal Law has three main characteristics, namely (1) general, (2) territorial, and (3) prospective.

A.

General Application

It has General application because Criminal Law is binding on all persons who reside or sojourn in

Philippine territory.

Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the

Philippine Archipelago, including its atmosphere, interior waters and maritime zone, without reference
to the
person or persons who might violate any of its provisions.

Art. 14 of the Civil Code provides that penal laws shall be obligatory upon all who live or sojourn in

Philippine territory.

Exceptions to the General Application of Criminal Law

There are cases where our Criminal Law does not apply even if the crime is committed by a person

residing or sojourning in the Philippines. They constitute the exceptions.

(1)

The opening sentence of Art. 2 of the Revised Penal Code says that the provisions of this Code shall be

enforced within the Philippine Archipelago, .except as provided in the treaties and laws of preferential

application..

(2)

Art. 14 of the Revised Penal Code provides that penal laws and those of public security and safety shall

be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public

international law and to treaty stipulations.

(a)

Treaty or Treaty Stipulations

An example of treaty or treaty stipulation, as an exception to the general application of

our Criminal Law is the Base Agreement entered into by and between the Philippines and the

USA on March 14, 1947 stipulating that .the Philippines consents that the US have the right to
exercise jurisdiction over some particular offenses. However, the said Military Bases

Agreement already expired on September 16, 1991.

(b)

Law on Preferential Application

Republic Act No. 75 may be considered a law of preferential application in favor of

diplomatic representatives and their domestic servants.

It is a law to penalize acts which would impair the proper observance by the Republic

and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited

foreign diplomatic representatives in the Philippines.