02a-Clj3-Wk1 Development of The Lesson

02A-CLJ3-WK1 DEVELOPMENT OF THE LESSON
INTRODUCTION TO PHILIPPINE CRIMINAL LAW
Criminal Law
Is that branch of law which:
• Defines crimes;
• Treats the nature of crimes; and
• Provides for their punishment
(The code is D-T-P)
Theories in Criminal Law (The code is C-P-E-U)

1. Classical Theory – The basis of criminal liability is human free will and the purpose of the
penalty is retribution.
2. Positivist Theory – The basis of criminal liability is the sum of social, natural and economic
phenomena to which the actor is exposed. The purposes of penalty are prevention and
correction.
3. Eclectic or Mixed Theory – It is a combination of positivist and classical thinking wherein crimes
that are economic and social in nature should be dealt in a positive manner, thus, the law is
more compassionate.
4. Utilitarian or Protective Theory – The primary purpose of punishment under criminal law is the
protection of society from actual and potential wrongdoers.
Note: The Revised Penal Code (RPC) is generally governed by the Classical Theory.
Sources of Criminal Law

1. The RPC (Act No. 3815);
2. Special penal laws (SPL) passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, Batasang Pambansa and Congress of the
Philippines;
3. Penal Presidential Decrees issued during Martial Law by President Marcos; and
4. Penal Executive Orders issued during President Corazon Aquino
Basic Maxims in Criminal Law

1. Actus non facit reum, nisi mens sit rea which means the act cannot be criminal unless the mind
is criminal. This is true to a felony characterized by dolo, but not to a felony resulting from
culpa.
2. Nullum crimen, nulla poena sine lege which means there is no crime when there is no law
punishing it. 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.
3. Doctrine 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 favourable to the offender will be adopted.
4. Actus me invito factus non est meus actus which means an act done by me against my will is
not my act. Whenever a person is under a compulsion of irresistible force or uncontrollable fear
to do an act against his will, in which that act produces a crime or offense, such person is
exempted in any criminal liability arising from said act.
Crime
Is the generic term used to refer to a wrongdoing punished either under the Revised Penal Code
or under a special law.
Classifications of crime
As to manner or mode of execution:

1. Dolo (deceit) or felonies committed with deliberate intent; and
2. Culpa (fault) or those committed by means of fault or those felonies resulting from negligence,
imprudence, lack of foresight and lack of skill.
As to stage of execution: (The code is C-F-A)

1. Consummated – when all the elements necessary for execution and accomplishment of a
felony are present;
2. 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; and
3. Attempted – 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.
Note:
Subjective Phase refers to the stage where the accused has performed all the acts of execution.
Objective Phase refers to the stage where the felony resulted.
As to gravity: (The code is L-L-G)

1. Light felonies – are those infractions of law for the commission of which the penalty of arresto
menor (1 day to 30 days imprisonment) or a fine not exceeding 200 pesos, or both, is provided;
2. Less grave felonies – are those which the law punishes with penalties which in their maximum
period are correctional such as prision correccional (6 months and 1 day to 6 years
imprisonment) and arresto mayor (1 month and 1 day to 6 months imprisonment); and
3. Grave felonies – are those to which the law attaches the capital punishment or penalties which
are afflictive such as reclusion perpetua (20 years and 1 day to 40 years imprisonment),
reclusion temporal (12 years and 1 day to 20 years imprisonment) and prision mayor (6 years
and 1 day to 12 years imprisonment).
As to nature:
1. Mala in se which means wrong from its very nature; and
2. Mala prohibita which means wrong merely because prohibited by statute/law.
As to division:
1. Formal crimes – those which are always consummated such as impossible crimes, slander,
adultery, physical injuries, etc.;
2. Material crimes – those which have various stages of execution namely consummated,
frustrated and attempted; and
3. Those which do not admit of the frustrated stage such as rape and theft.
Liberal Construction Rule

It states that when the law is ambiguous, penal laws are liberally construed in favor of the accused
and strictly against the government.
Characteristics of Criminal Law (The code is G-T-P)

1. Generality – means criminal law of the country governs all persons who live or sojourn within
the country regardless of their race, belief, sex or creed.
Exceptions:
1. Treaty stipulations and international agreements such as RP-US Visiting Forces Agreement,
certain officials of the World Health Organizations, Asian Development Bank, Red Cross, etc.;
2. Laws of Preferential Application which covers Heads of States, Ambassadors, Ministers,
Plenipotentiary, Ministers resident and Charges d’ affaires, Diplomats and their official retinue;
3. Principles of Public International Law; and
4. Certain officials of the AFP
Note: a Consul is NOT covered, therefore, he is subject to criminal jurisdiction.
2. Territoriality – means penal laws of the country have force and effect only within its territory.
Exceptions:
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 Philippines;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in No. 2;
4. While being public officers or employees, should commit and offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations.
Requirements of an offense committed while on a Philippine ship or airship:

1. The ship or airship must be registered with the Maritime Industry Authority; and
2. The ship must be in the high seas or the airship must be in international space.
3. Prospectivity – Acts or omissions will only be subject to a penal law if they are committed after a
penal law had already taken effect.
Exception:
Whenever a new statute dealing with a crime establishes conditions more lenient or favorable
to the accused. A newly enacted penal law may be given retroactive effect if the same is favorable to
the accused.
Exceptions to the exception:

A newly enacted penal law cannot be given retroactive effect, even if the same is favorable to the
accused, if:
1. The new law is expressly made inapplicable to pending actions; and
2. When the offender is a habitual delinquent.
Habitual Delinquent
An offender is considered habitual delinquent if within a period of ten (10) years from the date
of his release or last conviction he is found guilty of any of the following crimes a third time or oftener:
(the code is S-R-T-E-F)
1. Serious or less serious physical injuries;
2. Robbery;
3. Theft;
4. Estafa (swindling); and
5. Falsification
Rules on jurisdiction over merchant vessels:

1. French Rule (Flag Rule) – is a rule that recognizes the jurisdiction of the flag of the country for
crimes committed on board the vessel except if the crimes disturbs the peace and order and
security of the host country; and
2. English Rule (Territorial Rule) – is a rule that recognizes that the host country has jurisdiction
over crimes committed on board the vessel unless they involve the internal management of the
vessel.
Note: The enactment of penal legislation is lodge in the Congress of the Philippines. Such enactment is
in the exercise of State’s police power.
Constitutional Limitations on the Enactment of Penal Laws
Due process Clause which states that no person shall be deprived of his life, liberty, or property without
due process of law;
1. Equal Protection Clause which states that no person shall be denied the equal protection of the
laws;
2. No person shall be held to answer for a criminal offense without due process of law;
3. No ex post facto law or bill of attainder shall be enacted; and
4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Due process has been defined as the right of any person to be given notice and be heard before he is
condemned for an act or omission defined and punished by law.
Ex post facto law refers to:

1. A law which makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act;
2. Aggravates a crime, or makes it greater than it was, when committed; and
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime
when committed.
Bill of attainder
Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a
legislative act for s judicial determination of guilt.

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02A-CLJ3-WK1 DEVELOPMENT OF THE LESSON

INTRODUCTION TO PHILIPPINE CRIMINAL LAW

Theories in Criminal Law (The code is C-P-E-U)

Sources of Criminal Law

Basic Maxims in Criminal Law

As to manner or mode of execution:

As to stage of execution: (The code is C-F-A)

As to gravity: (The code is L-L-G)

Liberal Construction Rule

Characteristics of Criminal Law (The code is G-T-P)

Note: a Consul is NOT covered, therefore, he is subject to criminal jurisdiction.

Requirements of an offense committed while on a Philippine ship or airship:

Exceptions to the exception:

Rules on jurisdiction over merchant vessels:

Ex post facto law refers to:

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