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Article 1. Time When Act Takes Effect. - This Code Shall Take Effect On The First Day of January
Article 1. Time When Act Takes Effect. - This Code Shall Take Effect On The First Day of January
Article 1. Time when Act takes effect. - This Code shall take effect on the first day of January,
nineteen hundred and thirty-two.
Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:
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.
Article 1 and 2
I. CRIMINAL LAW; Fundamental Principles
Definition of Criminal Law “Criminal Law – that branch of public substantive law which
defines crimes, treats of their nature, and provides for their punishment.” [Reyes, citing 12 Cyc.
129].
RPC, Article 3 & 21
Article 3. Definition. - Acts and omissions punishable by law are felonies
(delitos).
Felonies are committed not only by means of deceit (dolo) but also by means of
fault (culpa).
There is deceit when the act is performed with deliberate intent; and there is
fault when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill.
The sources of criminal law in the Philippines are:
1) The Revised Penal Code (RA 3815) and its amendments;
2) Republic Acts;
3) Presidential Decrees, and
4) other Special Penal laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines,
and the Batasang Pambansa.
Development of Criminal Law in the Philippines
CONSTITUTIONAL LIMITATIONS
a. State Authority to Punish Crime
RIGHTS OF ACCUSED
Section 1. Rights of accused at the trial.
In all criminal prosecutions, the accused shall be entitled:
(a) To be presumed innocent until the contrary is proved beyond
reasonable doubt;
(b) To be informed of the nature and cause of the accusation
against him;
(c) To be present and defend in person and by counsel at every
stage of the proceedings, from the arraignment to the
promulgation of the judgment. The accused may, however, waive
his presence at the trial pursuant to the stipulations set forth in his
bail bond, unless his presence is specifically ordered by the court
for purposes of identification. The absence of the accused without
any justifiable cause at the trial on a particular date of which he
had notice shall be considered a waiver of his right to be present
during that trial. When an accused under custody had been
notified of the date of the trial and escapes, he shall be deemed to
have waived his right to be present on said date and on all
subsequent trial dates until custody is regained. Upon motion, the
accused may be allowed to defend himself in person when it
sufficiently appears to the court that he can properly protect his
right without the assistance of counsel;
(d) To testify as a witness in his own behalf but subject to cross-
examination on matters covered by direct examination. His silence
shall not in any manner prejudice him;
(e) To be exempt from being compelled to be a witness against
himself;
(f) To confront and cross-examine the witnesses against him at
the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable or otherwise
unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the
adverse party having had the opportunity to cross-examine him;
(g) To have compulsory process issued to secure the attendance
of witnesses and production of other evidence in his behalf;
(h) To have a speedy, impartial and public trial; and
(i) To have the right of appeal in all cases allowed and in the
manner prescribed by law.
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 preceding number;
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of the RPC.
Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive
effect insofar as they favor the persons guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at
the time of the publication of such laws a final sentence has been pronounced
and the convict is serving the same.
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;
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.
English Rule v. French Rule Cases: - People vs. Wong Cheng, (46 Phil 729)
- U.S. vs. Look Chaw, (18 Phil 573) - U.S. vs. Ah Sing, (36 Phil 978)
Article 3 – FELONIES
Felonies are committed not only be means of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed with deliberate intent and there is fault when
the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is 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.
There is an attempt when the offender commences the commission of a felony directly
or over acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than this own spontaneous desistance
ELEMENTS OF FELONIES
a. There must be an act or omission
b. That the act or omission must be punishable by the RPC
c. That the act is performed or the commission incurred by means of dolo or culpa
1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.
2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means. ( Impossible crime: ex. Wife poisoned her
husband but did not die)