CRIMINAL LAW

Criminal
Law I
PRESENTED BY: ATTY. JIM PETERICK G. SISON,
RCRIM.,JD.,CCS.,MSCJ (c)
CRIMINAL LAW
branch of division of law which defines crimes, treats of their nature and
provides for their punishment.
CRIME
act committed or omitted in violation of the law.
CLASSES OF INJURIES
As a general rule, an offense causes 2 classes of injuries:
1. Social Injury
- The first injury is the social injury produced by the criminal
act which is sought to be repaired thru the imposition of the
corresponding penalty.
2. Personal Injury
- The second is the personal injury caused to the victim of
the crime which injury is sought to be compensated
through indemnity which is civil in nature.
Note: for every crime committed, it is more of an offense against the state rather than against
the private offended party.
Example:
A shot B. B sustained a fatal wound but he survived.
Thereafter, B filed a frustrated homicide case against A. The
fiscal found probable cause. In the information filed by the
fiscal, the title is People of the Philippines vs A. The trial
continued and the judge found the accused is guilty beyond
reasonable doubt. The first penalty of the judge is
imprisonment due to social injury. Aside from this, A will pay
a civil indemnity to B as personal injury.
Definition of Terms
There are three kinds of Crime:
1. Felony – Acts or omissions punished by the Revised

Penal Code (RPC);
2. Offense – punished by a special law;
3. Acts/Infractions – punished by ordinances, local
legislation;
*Note that all three are under the umbrella term of Crime.
Q: Who has the power to enact Penal
Laws?
A: As a general Rule the Legislative Department has the power to enact
Laws. However, in case of emergency, president may issue a Penal Issuance
Order provided that there is a law granting it to the president.
Q: Is the power of Congress absolute?
A: No, there are limitations.
Limitations to the Power of Congress to enact Penal
Laws:
1. Penal law must be General in application otherwise it would be violative of
the Equal Protection Clause;
2. Must not partake the nature of an ex post facto law – ex post facto law
makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act;
3. Not a Bill of Attainder – A bill of attainder is a legislative act which inflicts
punishment without judicial trial;
4. Cannot impose cruel or excessive penalties or punishments
- e.g. congress cannot amend article 308-309 death, by saying that
henceforth that any who commit theft will be given death. This is
unusual punishment so it is prohibited.
Characteristics of Penal Laws
The following are the characteristics of penal laws;
1. Generality - Persons to whom criminal law shall

apply;
2. Territoriality - Place where penal law shall be applied;
3. Prospectivity - Time when it shall apply
GENERALITY
 Penal laws shall be applied to all persons on being within the Philippine
territory whether they are Filipino Citizens or foreigners regardless of
any of their personal circumstances;
 Applicable to all so long as within the Philippines;
 Applies to non-citizens since while they are within the Philippines, they
are given protection in the same way that the government protects its
own citizen;
 Article 14 of the Civil Code – penal laws shall be binding on all those
who live or sojourn in the Philippines whether citizen or not;
Exceptions to the GENERALITY
characteristic:
1. Generally Accepted Principles of PIL:
Heads of state, chief of state and other diplomatic heads

such as ambassadors and public ministers enjoys blanket
immunity from the criminal jurisdiction of the country where
they are assigned. Since they are immune, they cannot be
arrested, prosecuted or punished. (Diplomatic Immunity from
Suit);
Exceptions to the GENERALITY
characteristic:
2. Laws of Preferential Application
Laws which exempt certain individuals from criminal prosecution such as
members of Congress are immune from libel, slander and defamation for
every speech made in the House of Congress during a regular or special
session.
TERRITORIALITY
Penal laws shall be applicable only within the Philippine jurisdiction
including its atmosphere, internal waters, etc;
General Rule:
Crimes committed outside the Philippine jurisdiction cannot
be under Philippine courts.
Exception:
Art. 2 of the Revised Penal Code provides situations where
the extra- territorial jurisdiction of the Revised Penal Code
may be applied.
PROSPECTIVITY
Penal laws shall only be applied from the time of effectivity. It
can be given retroactive application if:
1. If penal laws are favorable to the accused provided that he

is not a habitual criminal; and
2. If the penal laws allow retroactivity;

Theories under the Revised Penal Code.
1. Classical Theory
1.1 Under the classical theory on which our penal code, is mainly based, the
basis of criminal activity is human free will;
- Man is essentially a moral creature which understands right from wrong;

- When he commits a criminal act , he voluntarily does the same, therefore, he
shall be ready for the consequences of his acts.
1.2 Purpose of penalty is Retribution;

- Evolves from the maxim “an eye for an eye.” therefore, for every crime
committed, there is a corresponding penalty based on the injury inflicted on
the victim;
2. POSITIVIST THEORY
2.1 Basis of criminal liability is man’s social environment;
- “All men are born good, they only become evil due to the
influence of the community.”
- Crimes are a social phenomenon;
2.2. Purpose of penalty is for purposes of rehabilitation;

- Offender is a socially sick individual who need to be
corrected not to be punished;
3. Utilitarian/ Protective Theory;
Purpose of punishment is to protect the society from
actual/potential wrong doing.
Even in violation of special penal laws, wherein intent does

not matter, courts should see to it that punishment shall only
be imposed to actual/potential wrongdoers.
EQUIPOISE RULE
The "equipoise rule" is a concept that primarily applies to
criminal law and the burden of proof in certain legal systems.
It pertains to the principle that if the evidence in a criminal
case is evenly balanced, or if there is an equal amount of
evidence both in favor of and against the defendant's guilt,
then the defendant should be given the benefit of the doubt
and be acquitted.
In other words, if the prosecution cannot establish the guilt of

the defendant beyond a reasonable doubt and the evidence
is in equipoise, the defendant should not be found guilty.
IN DUBIO PRO REO (WHEN IN DOUBT,
RULE FOR THE ACCUSED)
"In dubio pro reo" is a Latin legal maxim that translates to "In
doubt, for the accused." This maxim embodies the principle
that when there is doubt or uncertainty in a criminal case,
the doubt should be resolved in favor of the accused or the
defendant. In other words, if there is insufficient evidence to
establish guilt beyond a reasonable doubt, the accused
should be given the benefit of the doubt and acquitted.
RULE OF LENITY
The "rule of lenity" is a legal principle that comes into play
when interpreting ambiguous or unclear criminal statutes. It
states that if there is ambiguity or uncertainty in a criminal
law or statute, the courts should interpret it in favor of the
defendant. In other words, any ambiguity in the language of
a criminal statute should be resolved in a way that is most
favorable to the accused.
The rule of lenity serves as a safeguard against overly broad

or vague criminal laws that could potentially lead to unfair or
arbitrary enforcement. It reflects the principle that individuals
should not be held criminally liable for conduct that the law
does not clearly prohibit.
FINALITY OF ACQUITTAL DOCTRINE
A judgment of acquittal is final and unappealable.
EXAMPLE:
Q: What if what has performed was a
perverted/immoral act but there is no law which
punishes the said act. Can the person be prosecuted in
court?
A: No, “nullem crimen nulla poena sine lege” there is

no crime when there is no law which punishes it.
Q: Are there common law crimes in the
Philippines?
A: NO. Common law crimes are principles, usages and use of action which the community
considers as condemnable even if there's no law that punishes it.
There are no common law crimes in the Philippines since the Philippines is a civil law
country. Penal laws are enacted. They do not evolve through time.

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Criminal

1. Felony – Acts or omissions punished by the Revised

1. Generality - Persons to whom criminal law shall

Heads of state, chief of state and other diplomatic heads

1. If penal laws are favorable to the accused provided that he

2. If the penal laws allow retroactivity;

- Man is essentially a moral creature which understands right from wrong;

1.2 Purpose of penalty is Retribution;

2.2. Purpose of penalty is for purposes of rehabilitation;

Even in violation of special penal laws, wherein intent does

In other words, if the prosecution cannot establish the guilt of

The rule of lenity serves as a safeguard against overly broad

A: No, “nullem crimen nulla poena sine lege” there is

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