ACTIVITY 3

What is criminal law?

Who has the power to define and punish crimes?

What are the elements of crime?

 Elements of crime:

a. There must be an act or omission.

b. The act must be in violation of law.

c. Committed either by dolo (malice/deceit) or culpa (fault)

In general, every crime involves three elements: first, the act or conduct (“actus
reus”); second, the individual’s mental state at the time of the act (“mens rea”);
and third, the causation between the act and the effect (typically either "proximate
causation" or "but-for causation").

Compare and contrast felony and offense.

Felonies (RPC) Offense (Special Law)

1. Criminal liability is based on mens rea or in dolo (deceit) 1. It is enough that the prohibited act was voluntary
or culpa (fault). perpetrated.

2. Good faith or lack of criminal intent is a valid defense. 2. Good faith or lack of criminal intent is not a defense.

3. Degree of accomplishment are considered, i.e., frustrated,

3. Acts give rise to crime only when consummated.
etc.

4. Mitigating and aggravating circumstances are taken into 4. Mitigating and aggravating circumstances are not
account in imposing the penalty. considered.

5. All who perpetrated prohibited act are penalized to the

5. Degree of participation is considered, i.e., accomplice, etc.
same extent.

Offense – is an act or omission that is punishable by special laws.

b. Felony – is an act or omission that is punishable by the Revised Penal Code.

Felonies

Felonies are the most serious crimes. They are either supported by a heinous intent,
like the intent to kill, or accompanied by an extremely serious result, such as loss of life,
grievous injury, or destruction of property. Felonies are serious, so they are graded the
highest, and all sentencing options are available. Depending on the jurisdiction and the
crime, the sentence could be execution, prison time, a fine, or alternative sentencing
such as probation, rehabilitation, and home confinement. Potential consequences of a
felony conviction also include the inability to vote, own a weapon, or even participate in
certain careers.

Misdemeanors

Misdemeanors are less serious than felonies, either because the intent requirement is
of a lower level or because the result is less extreme. Misdemeanors are usually
punishable by jail time of one year or less per misdemeanor, a fine, or alternative
sentencing like probation, rehabilitation, or community service. Note that incarceration
for a misdemeanor is in jail rather than prison. The difference between jail and prison is
that cities and counties operate jails, and the state or federal government operates
prisons, depending on the crime. The restrictive nature of the confinement also differs
between jail and prison. Jails are for defendants who have committed less serious
offenses, so they are generally less restrictive than prisons.

Felony-Misdemeanors

Felony-misdemeanors are crimes that the government can prosecute and punish
as either a felony or a misdemeanor, depending on the particular circumstances
accompanying the offense. The discretion whether to prosecute the crime as a felony or
misdemeanor usually belongs to the judge, but in some instances the prosecutor can
make the decision.

What is the complete date when the RPC was approved?

RPC approved December 8, 1930

The Latin phrase and legal term “dura lex, sed lex” means?

Dura lex, sed lex. "The law [is] harsh, but [it is] the law." It follows from the principle of the rule of
law that even draconian laws must be followed and enforced; if one disagrees with the result, one
must seek to change the law.

Compare and contrast classical and positivist theories.

 Classical Theory Positivist Theory

1. Man is subdued occasionally by a strange and morbid

1. Man is essentially a moral creature with an absolutely free
phenomenon which conditions him to do wrong contrary to
will to choose between good and evil.
his volition.

2. Basic criminal liability is human free will and the purpose of 2. Crime is essentially a social and moral phenomenon and
the penalty is retribution. penalty is imposed for self-defense.

3. Crime is a juridical entity and the penalty is an evil and a 3. Basis of criminal responsibility is his dreadfulness or
means of juridical tutelage. dangerous state.

Classical (Juristic) Theory- the basis of criminal liability is human free will and the
purpose of penalty is retribution. Man is a moral creature with an absolute free will to
choose between good and evil.

Man is punished for his actions willingly, voluntarily, and intelligently performed. Under
this philosophy, man should be adjudged or held accountable for wrongful acts so
long as free will appears unimpaired. If one lacks free will and intelligence, he should
not be held criminally liable.

2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid

phenomenon which constrain him to do wrong. Crime is a social and natural
phenomenon; it cannot be treated therefore by the application of abstract principles of
law or by the imposition of punishment.

Classical (Juristic) Theory and Positivist (Realistic) Theory.

The positivist school of criminology focuses on the offender rather than the offense and uses
science rather than philosophy to explain crime. ... The classical school utilizes philosophy to try
to understand why people break the law, while the positivist school uses science.

In sum, Classical and Positivist Schools both share the same idea that criminal behavior could be
controlled and is a consequence of human nature that is innate in all people. The two schools believe
that the most serious crimes can only be perpetrated by people who are atavistic or primitive, or
people who failed to change into a civilized and fully human state. All the same, Positivists School is
concerned with reforming the offenders by logically identifying and isolating the decisive causes of the
individual offender criminal behavior, while Classical School centers on retribution by creating an
environment wherein crime is based on human free will.

What is the difference between the English and French rules?

(1) French rule is that crimes committed on board are not triable in our country unless those affect the peace and
security of our country
(2) English rule is that crimes are triable unless such crimes affect merely the internal management of the vessel.
The English rule is followed in our jurisdiction.

Exercise / Activity 4

Directions: Answer briefly the following questions in a word format. Submit it on the
schedule provided by the instructor through the provided link or group chat.

Who has the power to define and punish crimes?

Nullum crimen, nulla poena sine lege means?

Nullum crimen sine lege is latin for "no crime without law."

The principle that there must be no crime or punishment except in accordance with fixed,
predetermined law

An Act which is known as the Revised Penal Code?

Act No. 3815

Differentiate Special Penal Law and Presidential Decrees

2. Special Penal Laws passed by Congress

3. Presidential Decrees issued by President Marcos

Enumerate and discuss at least 10 Special Penal Laws.

REPUBLIC ACT NO. 10175 - AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE
REPUBLIC ACT NO. 10158 - AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE
ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

REPUBLIC ACT NO. 9995 - AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO
VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Republic Act No. 9775 - Anti-Child Pornography Act of 2009

Republic Act No. 9516 - An Act Further Amending the Provisions of Presidential Decree No. 1866, As
Amended, Entitled "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunition or Explosives Or Instruments Used in the
Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain
Violations thereof, and for Relevant Purposes"

Republic Act No. 9439 [H. No. 68] - An Act Prohibiting the Detention of Patients in Hospitals and Medical
Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses

Republic Act No. 9346 - An Act Prohibiting the Imposition of Death Penalty in the Philippines.

Republic Act No. 9344 - An Act Establishing a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile Justice and Welfare Council under the Department of Justice, Appropriating Funds
therefor and for other Purposes.

Republic Act No. 9262 - An Act Defining Violence Against Women And Their Children, Providing For
Protective Measures For Victims, Prescribing Penalties Therefore, And For Other Purposes.

Republic Act No. 9208 - An Act To Institute Policies to Eliminate Trafficking in Persons Especially Women
and Children, Establishing the Necessary Institutional Mechanisms for the Protection and Support of
Trafficked Persons, Providing Penalties for Its Violations, and for other Purposes.

Republic Act No. 9194 - An Act Amending Republic Act No. 9160, Otherwise Known as the "Anti-Money
Laundering Law of 2001"

Republic Act No. 9165 - Comprehensive Dangerous Drugs Act of 2002

Republic Act No. 9160 - The Rules and Regulations Implementing the Anti-Money Laundering Act of
2001

Republic Act No. 8505 - Rape Victim Assistance and Protection Act of 1998

Republic Act No. 8368 - The Anti-Squatting Law Repeal Act of 1997

Republic Act No. 8353 - Anti-Rape Law

Republic Act No. 8294 - An Act Amending the Provisions of P. D. No. 1866, Entitled "Codifying the Laws
on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms,
Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or
Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for Relevant Purposes"

Republic Act No. 8177 - An Act Designating Death by Lethal Injection as the Method of Carrying Out
Capital Punishment, Amending for the Purpose Article 81 of the Revised Penal Code, As Amended by
Section 24 of Republic Act No. 7659

Republic Act No. 8049 - Anti-Hazing Law

Republic Act No. 7890 - An Act Amending Article 286, Section Three, Chapter Two, Title Nine of Act No.
3815, As Amended, Otherwise Known as the Revised Penal Code

Republic Act No. 7832 - Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994

Republic Act No. 7659 - Death Penalty Law

Republic Act No. 7438 - An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing
Penalties for Violations Thereof

Republic Act No. 7636 - An Act Repealing Republic Act Numbered One Thousand Seven Hundred, As
Amended, Otherwise Known as the Anti-Subversion Act.

Republic Act No. 7309 - An Act Creating a Board of Claims Under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes

Republic Act No. 6981 - Witness Protection, Security and Benefit Act

Republic Act No. 6968 - An Act Punishing the Crime of Coup d' Etat by Amending Articles 134, 135 and
136 of Chapter One, Title Three of Act Numbered Thirty-Eight Hundred and Fifteen, Otherwise Known as
the Revised Penal Code, and for Other Purposes.

Republic Act No. 6425 - The Dangerous Drugs Act of 1972

Republic Act No. 1700 - An Act to Outlaw the Communist Party of the Philippines and Similar
Associations, Penalizing Membership Therein, and for Other Purposes. (Repealed by Republic Act No.
7636)

Enumerate and discuss at least 10 Presidential Decrees.

What is Common Law Crime?

A common law crime is a crime that is punishable under the common law, rather than by
statutory law.

The body of principles, usages and rules of actions which do not result from the
express act of the legislature. There is no such crime in the Philippines.

8-10. Enumerate and discuss the 3 Characteristics of Criminal Law

 Characteristics of Criminal Law

General

Criminal law is binding on all persons who live or sojourn in the Philippines.

Territorial

Criminal laws are applicable only if the crime is committed within Philippine
territory.

Prospective

Criminal law cannot make an act punishable in a manner in which it was not
punishable when committed. See Art 366. (The law looks forward and not backwards)