 Criminal Law is the branch of law that defines crimes, treat of their 

Note: Prevents the passage of law which is PREJUDICIAL to

nature, and provides for their punishment. the accused
 Crime  is an act committed or omitted in violation of public law  Definition: Ex Post Facto simply means that a law passed by
forbidding or commanding it the legislative body of the government must not be retroactive
 SOURCES OF PH CRIMINAL LAW in operation
 RPC (Act no. 3815) and amendments  Definition: Bill of Attainder is a legislative act which inflicts
 SPL (from PH Commission, PH Assembly, PH Legislature, punishment without judicial trial
National Assembly, Congress of the PH, Batasang  Note: People vs. Ferrer
Pambansa)  Note: An ex post facto is one which: (MACARD)
 Penal PD (during Martial Law) 1. Makes criminal an act done before the passage of the
 NO COMMON LAW CRIMES IN PH law and which was innocent when done, and
 Common law crimes from England and US as the body of punishes such act,
Principles, Usages, and Rules of action (PUR) are not 2. Aggravates a crime, or makes it greater than it was
recognized when committed
 No authority upon Express and Positive declaration of the will 3. Changes the punishment and inflicts a greater
of the legislature punishment than the law annexed to the crime when
 Limitation: existence of provision in the RPC or SPL that committed,
defines and punishes the act (even if the act is socially or 4. Alters the legal rules of evidence, and authorizes
morally wrong). HENCE, NO CRIMINAL LIABILITY IS conviction upon less or different testimony than the
INCURRED BY ITS COMMISSION. law required at the time of the commission of the
 Note: US vs. Taylor offense
 Court decision not a source of CRIM LAW explain the 5. Assuming to Regulate civil rights and remedies only,
meaning of, and apply the law in effect imposes penalty or deprivation of a right for
 POWER TO DEFINE AND PUNISH CRIMES something which when done was lawful
 State has the authority (police power), to Define and 6. Deprives a person accused of a crime some lawful
Punish crimes, and to lay down Rules of criminal procedure. protection to which he has become entitled, such as
ALSO, STATE HAS A LARGE MEASURE OF DISCRETION the protection of a former conviction or acquittal, or a
IN CREATING AND DEFINING CRIMINAL OFFENSES. proclamation of amnesty (In Re: Kay Villegas Kami,
 Right to Prosecution and Punishment is an attribute of Inc., 35 SCRA 429, 431)
natural law (belonging to the sovereign power charged by the  To give a law retroactive application to the prejudice of the
common will of the members of society to look after, guard accused is to make it an ex post facto
and defend the interests of the community, the individual and  Note: People vs. Villaraza)
social rights and the liberties of every citizen and the guaranty  Art. 3, Sec. 14 [1] requires that criminal laws must be of
of the exercise of rights general application and must clearly define the acts and
 Note: US vs. Pablo omissions punished as crimes
 LIMITATIONS OF THE CONGRESS TO ENACT PENAL  CONSTITUTIONAL RIGHTS OF THE ACCUSED
LEGISLATION 1. Rights to a speedy disposition of their cases before all
 No ex post facto or bill of attainder shall be enacted (Art. 3, judicial, quasi-judicial, or administrative bodies. (Sec. 16)
Sec 22) 2. No person shall be held to answer for a criminal offense
 No person shall be held to answer for a criminal offense without due process (Sec. 14 [1])
without due process (Art. 3, Sec 14 [1]) 3. Right to bail (Sec. 13)

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  Exception: Persons charged with offenses punishable  Against being held in secret, solitary,
by Reclusion Perpetua (when evidence of guilt is incommunicado, or other similar forms of
strong) detention
 Shall not be impaired even when the privilege of writ  Confession or admission obtained in violation of this
of habeas corpus is suspended or Section 17 shall be inadmissible in evidence (Sec
 Excessive bail shall not be required 12 [1])
4. Presumption of Innocence (Sec. 14 [2]) 6. Right against excessive fines and Right against cruel,
 Simply, accused shall be presumed innocent until the degrading, or inhuman punishment (Sec. 19 [1])
contrary is proved. 7. Right against double jeopardy (Sec. 21)
 Shall enjoy the right to be heard by himself and  when a person is charged with an offense and the
counsel case is terminated either by acquittal or conviction or
 Be informed of the nature and cause of the in any other manner without the express consent of
accusation against him the accused, the latter cannot again be charged with
 Have speedy, impartial, and public trial the same or identical offense
 To meet the witnesses face to face and to have 8. Free access to courts and quasi-judicial bodies and adequate
compulsory process to secure the attendance of legal assistance shall not be denied to any person by reason
witnesses and the production of evidence in his behalf of poverty (Sec. 11)
 BUT, after arraignment, trial may proceed  STATUTORY RIGHTS OF THE ACCUSED (PDITECCSA)
notwithstanding the absence of the accused provided 1. To be presumed innocent until the contrary is proved
that he has been duly notified and his failure to 2. To be present and defend in person and by counsel at every
appear is unjustifiable stage of the proceedings, that, is, from the arraignment to the
5. Protection against Self-incrimination  No person shall be promulgation of the judgment
compelled to be a witness against himself (Sec 17)///// Rights 3. To be informed of the nature and cause of the accusation
of Person under Investigation against him
4. To testify as a witness in his own behalf. His neglect or
 Person investigated for the commission of an offense
refusal to be a witness shall not in any manner prejudice or
have the right to be informed of his right to remain
be used against him
silent and to have a competent and independent
5. To be exempt from being a witness against himself
counsel preferably of his own choice
6. To be confronted at the trial by, and to cross-examine the
 Note: Miranda Doctrine
witnesses against him
 If the person cannot afford the services of counsel, he 7. To have compulsory process issued to secure the attendance
must be provided with one of witnesses and production of other evidence in his behalf
 These rights cannot be waived except in writing and 8. To have a speedy and public trial
in the presence of counsel (Sec. 12 [1]) 9. To have the right of appeal in all cases authorized by law
 Rights of Person under Investigation  RIGHTS WHICH MAY BE WAIVED AND WHICH MAY NOT BE
 To be informed of his right to remain silent WAIVED
 To have a competent and independent  MAY BE WAIVED the right of the accused to confrontation
counsel preferably of his own choice or to be and cross-examination
provided with one  MAY NOT BE WAIVED the right of the accused to be
 Against torture, force, violence, threat, informed of the nature and cause of the accusation against
intimidation, or any other means which vitiates him
the free will
 REASON: Those rights which may be waived involve public
interest which may be affected

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 CHARACTERISTICS OF CRIMINAL LAW 2. Offense committed outside the bases by
A. General is binding all persons who live or sojourn in any member of the AF of US in which the
Philippine territory (Art. 14, NCC) offended party is also a member of the
 Note: People vs. Galacgac armed forces of US
 General Rule: the jurisdiction of the civil courts is not 3. Offense committed outside the bases by
affected by the military character of the accused. (US any member of the AF of US against the
vs. Sweet) security of the US
 Civil Courts have jurisdiction with general courts-  Law of Preferential Application Example of LPA is RA
martial over soldiers of the AFP no. 75 for diplomatic representatives and their domestic
 Murder cases committed by persons subject servants it punishes act impairing the observance of the
to military rules rights, immunities, and privileges (RIP) by a duly accredited
 Offense of malversation (Art. 217, RPC) foreign diplomatic representatives in the PH
committed by an army finance office  Pertinent Provisions:
 Time of war civil courts have jurisdiction a) Sec. 1 Any writ or process issued out or
with the military courts or general courts- prosecuted by any person in any court of
martial over soldiers of the Philippine Army the Republic of the Ph, or by any judge or
(provided that there are no hostilities and civil justice, whereby the person of any
courts are functioning). [Valdez vs. Lucero) ambassador or public minister of any
 When the military court takes cognizance of the foreign state, authorized
case Articles of War will be applied, not RPC or PL
(Ruffy, et al. vs. Chief of Staff) B. Territorial binding to all crimes committed within Philippine
 The prosecution of an accused before a court- territory
martial is a bar to prosecution of the accused for  Extent of Ph territory
the same offense a court-martial is a court, and a. Art 2 shall be enforced within the PH
the prosecution of an accused before it is a criminal Archipelago (AIM atmosphere, interior
not an administrative case, therefore it would be, waters, and maritime zone)
under certain conditions, a bar (because it will be a b. Art 1 (Constitution) the national territory
double jeopardy). [Marcos & Concordia vs. Chief of  Exceptions:
Staff, AFP) a. Commit offense while on a Philippine ship or
 Offenders accused of war crimes are triable by airship
military commission b. Forge or counterfeit coin or currency note of
 Exceptions: Treaties or Treaty stipulations and Laws the PH or obligations and securities issued
of Preferential application by the government of the PH
 Treaties Example is the Base Agreement by PH c. Liable for acts connected with the
and USA on 03-14-47 introduction into the PH of the obligations
 PH gave consent that US have the right to and securities mentioned in the preceding
exercise jurisdiction over the ff. number
1. Offense committed by any person within d. While being public officers or employees,
any base, except where the offender and should commit an offense in the exercise of
the offended party are both PH citizen (not their functions
member of the AF of US on active duty) or e. Commit any of the crimes against national
the offense is against the security of the security and the law of nations, defined in
Philippines Title 1 Book 2 of the RPC

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 C. Prospective penal law cannot make an act punishable in a a repeal of anything not so included in the
manner in which it was not punishable when committed amendatory act (People vs. Almuete)
 Exceptions: when the new statue dealing with  Cessante ratione legis cessat ipsa lex (the
crime provided conditions lenient or favourable to reason for the law ceasing, the law itself also
the accused ceases
 Note: The exception has no application  Not in the book: (For better understanding on
a. The law is expressly made inapplicable to the maxim). This means that no law can
pending actions or existing causes of survive the reasons on which it is founded. It
action (Tavera vs. Valdez) needs no statute to change it; it abrogates
b. Offender habitual criminal (Rule 5, Art 62, itself. If the reasons on which a law rests are
RPC/Art 22) overborne by opposing reasons, which in the
 Effects of Repeal of Penal Law progress of society gain a controlling force,
a. Makes the penalty lighter in the new law, the the old law, though still good as an abstract
new law is applied. (Exception: Habitual principle, and good in its application to some
delinquency/the law is made not applicable to circumstances, must cease to apply as a
pending actions or existing causes of action controlling principle to the new
b. Imposes greater penalty in new law, the law circumstances." (Source:
enforce at the time the offense was http://www.duhaime.org/LegalDictionary/C/Ce
committed will be applied. ssanteRationeLegisCessatIpsaLex.aspx)
c. Totally repeals the existing law (the act  SELF-REPEALING LAW
punishable under the old law is no longer 
punishable), the crime is obliterated (meaning  CONSTRUCTION OF PENAL LAWS
no criminal liability). 1. PL are strictly construed against the government and liberally
 Note: when the repeal is absolute the offense ceases in favour of the accused (US vs. Abad Santos; People vs.
to be criminal (People vs. Tamayo) Yu Hai)
 Repeal of a penal law by its re-enactment, w/o  The rule that penal statues should be construed
a saving clause, will not cease the criminal against the State may be invoked only where the law is
liability (US vs. Cuna) ambiguous and there is doubt as to its representation
 Note: when the law and the old law penalize the  When the law is clear and unambiguous, there is no
same offense, the offender can be tried under the old room for the application of the rule (People vs.
law (US vs Cuna) Gatchalian)
 Note: When the repealing law fails to penalize the 2. Construction or interpretation of the provisions of the RPC,
offense under the old law, the accused cannot the Spanish text is controlling, because it was approved
convicted under the law (People vs. Sindiong and by the Philippine Legislature in its Spanish text (People
Pastor) vs. Manaba)
 Note: A person erroneously accused and convicted  Note: People vs. Garcia (the accused must be
under a repealed statute may be punished under the acquitted, the act imputed to him not being
repealing statute (People s. Baesa) the accused punished by Act 4130, as amended)
had an opportunity to defend himself against the  Note: No person should be brought within the terms
charge brought against him of criminal statutes who is not clearly within them,
 Note: A new law which omits anything contained in nor should any act be pronounced criminal which
the old law dealing on the same subject, operates as is not clearly made so by the statute (US vs. Abad
Santos)

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  Note: People vs. Mangulabnan (Case: Robbery 2. A man is a moral creature with an absolute free will to choose
with Homicide//Ruling: In view of the Spanish text between good and evil emphasizing “effect” or “result”
w//c must prevails, the crime committed is robbery (DISCERNMENT BETWEEN RIGHT AND WRONG)
with homicide, even if the latter succeeded by an 3. Establish a mechanical and direct proportion between crime
accident and penalty
 Note: (People vs. Mangulabnan) While the 4. There is a scant regard to the human element
English text of Art. 294 of the RPC convey the  Characteristics of Positivist
meaning that the homicide should committed 1. Man is subdued occasionally by a strange and morbid
intentionally, the Spanish text means that it is phenomenon which constraints him to do wrong, in spite of or
enough that there is homicide, even it is an contrary to his volition
accident 2. Crime is a social and natural phenomenon, and as such, it
 OTHERCASES INCORRECT TRANSLATION OF THE SPANISH cannot be treated and checked by the application of abstract
TEXT principle of law and jurisprudence nor the imposition of
1. “Sosteniendo combate”‒“engaging in war” Art. 135 punishment, fixed and determined a priori; but through the
(People vs. Geronimo) enforcement of individual measures in each particular case after
2. “Sufriendo privacion de libertad”‒“imprisonment” Art. a thorough investigation
157 (People vs. Abilong)  Application of its provision (found in page 3-4) Art. 2
3. “Nuevo delito”‒“another crime” Art. 160 (People vs.  Scope of the application of the provisions of RPC
Yabut)  Be enforced not only within the PH archipelago, but also
4. “Semilla alimencia”‒“cereal” Art. 303 (People vs. outside of its jurisdiction in certain cases
Mesias)  5 paragraphs (Art. 2) application of the RPC to acts done in the
5. “Filed” in the third paragraph of Art. 344 which is not air, at sea, and even in a foreign country IF it affects the
found in the Spanish text (People vs. Manaba) political or economic life of the nation.
THE REVISED PENAL CODE  Discussion on the Limitation of territoriality
 Act no. 3815, as amended) an act revising the penal code and 1. Commit an offense while on a PH ship or airship
other penal laws  The PH vessel, beyond 3 miles from seashore, is part of
 Preliminary Article: This law shall be known as the “Revised Penal the territory
Code”  Meaning: Any person who committed a crime while on a
 History of the RPC (Read the book) PH ship or airship while the same is outside of the PH
 The RPC consists of two books Book 1 and Book 2 territory tried in the civil courts of the Penal Code
 BOOK I: basic principles affecting criminal liability (Art 1-20); the  BUT: if the ship or airship is in a foreign country the
provisions on penalties including criminal and civil liabilities crime committed is subject to the laws of the foreign
 BOOK II: defined felonies with penalties and grouped under fourteen country
different titles (Arts. 114-365)  Note: the vessel or aircraft are those registered in the
 Date of Effectively: January 1, 1932 BOC
 RPC is based mainly on principles of the classical school (although  Note: If the registration of the vessel or AC laws of the
some provisions are of on positivist approach//e.g. punishment for PH (not the citizenship of the owner), w/cm makes it PH
impossible crime, juvenile delinquency, etc.) ship or AS. THUS, unregistered vessels and ac are not
 Two theories: Classical and Positivist part of the scope of Paragraph no. 1 of Art 2
 Characteristics of Classical:  Note: PH courtno jurisdiction over crime of theft
1. Basis of criminal liability is human free will and the purpose committed on the high seas on board a vessel not
of the penalty is retribution (recompense) registered or licensed in the PH (US vs. Fowler).
Meaning: In order for the Philippine court to have

JAMIAH OBILLO HULIPAS Page 5

 jurisdiction over the crime of theft committed in the high  RTC have original jurisdiction over all crimes committed o
seas, the vessel must be registered or licensed first in the high seas or beyond the jurisdiction of any country on
the PH board a ship or watercraft of any kind registered and
2. Forging and counterfeiting any coin or currency note of the PH licensed in the PH in accordance with laws
or obligations and securities issued by the gov’t  IMPORTANT WORDS AND PHRASES UNDER ART.
 Meaning: any person who will copy coins (Art. 163) or 1. “Except as provided in the treaties and laws of preferential
forges treasury or bank notes or other obligations and application”
securities (Art. 166) in a FOREIGN COUNTRY may be  Meaning: While the general rule of the RPC shall be
prosecuted before PH civil courts for violations of the enforced to all persons who live and sojourn in the PH
aforementioned provisions in RPC (or when any person commit an offense while living and
3. Liable for acts connected with the introduction into the PH of the sojourning in the PH), the exception is given: treaties
obligations and securities mentioned in the preceding number and laws of preferential applications (discussed in
 Reason: Introduction of forged and counterfeited page 3)
obligations and securities is as dangerous as the forging 2. “its atmosphere”
and counterfeiting of the same economical interest of  Meaning: the sovereignty of the subjacent State, and
the country therefore its penal laws extend to all the air space which
4. Being a public officer or employee, committed an offense in the covers its territory, subject to the right of way or
exercise of his functions easement in favour of foreign aircrafts
 Crimes that may be committed in the exercise of public 3. “interior waters”
functions: direct bribery (Art. 210), indirect bribery (Art.  Meaning: includes creeks, rivers, lakes, and bays, gulfs,
211), frauds against the public treasury (Art. 213), straits, coves, inlets, and roadsteads lying wholly within
possession of prohibited interest (Art. 216), malversation of the 3-mile limit
public funds or property (Art. 217), illegal use of public  Additional: Part of the sea within a land territory
funds or property (Art. 220), failure to make delivery of (Source: Textbook on the Philippine Constitution 2014
public funds or property (Art. 221), and falsification by a Edition, De Leon)
public officer or employee with abuse of his official position 4. “maritime zone”
(Art. 171)  The States by means of treaties have fixed its length to
 When the felonies are committed abroad he can be 3-mile from the coastline, starting from the low-
prosecuted in the PH watermark
5. Commit any of the crimes against national security and the law  Include: bays, gulfs, adjacent parts of the sea or
of nations recesses in the coastline whose width at their entrance is
 Crimes against Title 1 of Book 2 of RPC: treason (Art. not more than 12 miles measured in a straight line from
114), conspiracy and proposal to commit treason (Art. 115), headland, and all straits of less than 6 miles wide
espionage (Art. 117), inciting to war and giving motives to  CRIMES COMMITTED ON BOARD MERCHANT SHIPS OR
reprisals (Art. 118), violation of neutrality (Art. 119), AIRSHIPS
correspondence with hostile country (Art. 120), flight to  Note: Merchant ship is an extension of our territory, foreign
enemy’s country (Art. 121), and piracy and mutiny on the merchant ship is considered an extension of the country
high seas (Art. 122) where it is registered (belong). Hence, an offense committed
 NOTE: Crimes punishable in the PH under Art. 2 is cognizable on the high seas on board a foreign merchant vessel is
(identifiable) by the RTC in w/c the charge is filed not triable by our courts (US vs. Fowler)
 Shall be cognizable by the first RTC in w/c the charge is  CONTINUING OFFENSE ON BOARD A FOREIGN VESSEL
filed (Rule 110, Sec. 15. [d], Rules of Court)

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 OFFENSE COMMITTED ON BOARD A FOREIGN MERCHANT
VESSEL WHILE ON PH WATERS IS TRIABLE BEFORE OUR
COURT

JAMIAH OBILLO HULIPAS Page 7