Criminal Law - Preliminary

CRIMINAL LAW I
FOUNDATION UNIVERSITY
(1st Session)
PRELIMINARY MATTERS
CRIMINAL LAW – that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.
CHARACTERISTICS of CRIMINAL LAW:

1. GENERAL – Criminal law is binding to all persons who live and sojourn in
Philippine territory.
EXCEPTIONS:
a. Treaty Stipulations
b. Law of Preferential Application
2. TERRITORIALITY – Penal laws are only application within the territorial
jurisdiction of the Philippines.
EXCEPTIONS – ARTICLE 2 of the Revised Penal Code where our Penal
laws are binding even on crimes committed outside the Philippine
territory.
3. PROSPECTIVE – Penal laws cannot be applied retroactively.
EXCEPTIONS:
a. When the law is favorable to the accused
Exception to the exception:
i. When the new law is expressly made inapplicable to pending
actions of existing causes of action.
ii. Offender is a habitual criminal (Article 22 RPC)
POWER TO DEFINE AND PUNISH CRIMES

- This power if vested in the LEGISLATIVE BRANCH of the Government
through the State’s authority under it Police Power.
Limitations on Power to enact Penal Laws:

a. Ex Post Facto Law – a penal law which punishes an act or omission
before the effectivity of the law
b. Bill of Attainder – a legislative act which inflicts punishment without trial
c. Violation of the equal Protection Clause (General in application)
d. Laws which imposes cruel and unusual punishment or excessive fines
THEORIES OF CRIMINAL LAW:

CLASSICAL THEORY
Characteristics:
1. Basis of criminal law is human free will and the purpose of the penalty is
retribution.
2. Offender is made to suffer for the wrong he as done.
3. It has endeavored to establish a mechanical and direct proportion
between crime and penalty.
4. There is scant regard to the human element of the crime – the law does not
look into the underlying reason why the offender committed the crime
POSITIVIST THEORY
Characteristics:
1. Purpose of the penalty if reformation.
2. There is great regard to the human element and treats an offender as
“socially sick” who needs treatment and not punishment.
3. Crimes are considered as a social phenomenon which constrains a person
to do wrong in spite of, or contrary to his own volition.
ECCLECTIC THEORY
This combines both positivist and classical thinking. Crimes that are
economic and social 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.
CONSTRUCTION OF PENAL LAWS:

1. When the law is ambiguous and there is a doubt as to its interpretation -
Penal laws are strictly construed against the Government and liberally in
favor of the accused.
2. Spanish text is controlling in the construction and interpretation of the
Revised Penal Code.
TYPES OF CRIMES:
1. FELONY – acts and omission defined and punished under the Revised Penal
Code
2. OFFENSE – Those punishable under Special Laws
3. INFRACTION – punishable under a City or Municipal Ordinance
MALA IN SE vs MALA PROHIBITA

1. Mala in se – crimes which are inherently evil or bad or wrongful from their
own nature.
a. Example: rape, murder, theft, homicide etc.
2. Mala Prohibita – crimes which becomes wrong only because they are
prohibited by a statute/special laws.
a. Example: illegal possession of firearms, R.A. 9165
NOTE: Crimes mala in se are those so serious in their effects on the society as to
call for a unanimous condemnation of its members; while crimes mala prohibita
are violations of mere rules of convenience deigned to secure a more orderly
regulation of the affairs of the society (public policy).
REVISED PENAL CODE I (ARTICLE 1 – 113)
Article 1 - Date of Effectivity - January 1, 1932
Article 2 - Application of the provision of the Revised Penal Code

1. Intraterritorial
a. Application of the RPC within the territory of the Philippines.
b. Enforceable within the Philippine archipelago, including its
atmosphere, interior waters and maritime zones
i. Territorial Jurisdiction – jurisdiction exercised by a country over
bodies of land as defined in the Constitution
ii. Fluvial Jurisdiction – Jurisdiction over maritime and interior
waters (three miles from coastline starting from low water
mark)
iii. Aerial Jurisdiction – jurisdiction over the atmosphere
2. Extraterritorial
a. Application of the RPC outside Philippine territory
b. Exception to the territorial characteristic of the RPC
RPC is applicable even outside the territorial jurisdiction of the Philippines against
person who:
1. Should commit an offense while on a Philippine ship or airship
2. 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;
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the presiding
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 the law
of nations, defined in Title One of Book Two of this Code.
1. Crimes committed onboard a Philippine Ship or Airship

A vessel is considered a Philippine Ship only when registered in
accordance with Philippine laws.
a. Within Philippine waters or atmosphere – Philippines has jurisdiction
b. International waters (High Seas) – Philippines has Jurisdiction
c. If within the territorial waters or atmosphere of a foreign country –
Jurisdiction is dependent on which rule is adopted by the foreign
country – whether FRENCH RULE or ENGLISH RULE
a. FRENCH RULE - The crime is triable in the country of origin of the
vessel, except if it affects the NATIONAL SECURITY of the country
where such vessel is within jurisdiction.
b. ENGLISH RULE - The law of the foreign country where a foreign
vessel is within its jurisdiction is strictly applied, except if the crime
affects only the INTERNAL MANAGEMENT of the vessel. In which
case, it is subject to the penal law of the country where it is
registered.
NOTE: The Philippines strictly adheres to the English Rule
2. Forge or counterfeit any coin or currency note of the Philippines

Even if the counterfeiting is done in a foreign country, as long as the false
or counterfeit coins or the forged treasury or bank notes are those issued
by the Philippine Government, the offender may be prosecuted before
Philippine Courts.
3. Introduction into the Philippines of the obligations and securities

mentioned in No.2 Article 2 of RPC.
Such act is against the economic interest of the country and as
dangerous as the act of counterfeiting or forging such currency notes,
obligations or securities issued by the Philippine Government.
4. Felonies committed abroad by a public officer in the exercise of his

functions
Crimes that may be committed in the exercise of public functions are
direct bribery (Art 210); Indirect bribery (Art 211); Malversation of Public
Funds or Property (Art 217), etc. When any of these felonies are
committed by a public officer or employee in the exercise of their
functions, they can be prosecuted in the Philippines.
5. Crimes against national security and the law of nations

Crimes against national security and law of nations:
a. Treason (Art 114)
b. Conspiracy and proposal to commit to treason (Art 115)
c. Espionage (Art 117)
d. Inciting to war and giving motives for reprisals (Art 118)
e. Violation of neutrality (Art 119)
f. Correspondence with hostile countries (Art 120)
g. Flight to enemy’s country (Art 121)
h. Piracy and mutiny in the high seas (Art 122)
- End–

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CRIMINAL LAW I

CHARACTERISTICS of CRIMINAL LAW:

POWER TO DEFINE AND PUNISH CRIMES

Limitations on Power to enact Penal Laws:

THEORIES OF CRIMINAL LAW:

CONSTRUCTION OF PENAL LAWS:

MALA IN SE vs MALA PROHIBITA

REVISED PENAL CODE I (ARTICLE 1 – 113)

Article 1 - Date of Effectivity - January 1, 1932

Article 2 - Application of the provision of the Revised Penal Code

1. Crimes committed onboard a Philippine Ship or Airship

2. Forge or counterfeit any coin or currency note of the Philippines

3. Introduction into the Philippines of the obligations and securities

4. Felonies committed abroad by a public officer in the exercise of his

5. Crimes against national security and the law of nations

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