PILI CAPITAL COLLEGE, INC.

Criminal Justice Education Department

San Isidro, Pili, Camarines Sur

CJL3: Criminal Law (Book 1)

Module 1: General consideration in the study of criminal law

Prepared by:

Pahad D. Cadalay

Faculty
 Module 1: General consideration in the study of criminal law

Introduction

Criminal law one is the study of basic concepts and principles of criminal law.
This course specifically covers the basic concepts relative to crimes, offense and a
felony. This also includes the constitutional and statutory rights of the accused, the
difference between crime Mala in se and Mala prohibita, and the concepts of complex
and compound crimes among others.

In this particular module I will be discussing with you the general considerations
relative to the study of criminal law. As you go along, you will see questions. These
questions are to be answered by you and at the end of the week as I retrieve your
module you are required to submit your answer in written form and compiled in a short
size folder.

Objectives:

The ultimate objective of this module is that by the end of the week you will be
able to:

1. Define and distinguish crime from offense and a felony,

2. Identify the sources of criminal law,
3. Learned the limitations on the enactment of criminal laws,
4. Explain the characteristics of criminal law, and
5. Understand the rules relative to the interpretation of criminal laws.

Pre-Test

Before you start with the module proper I want you to answer this pre-test first so
that I can identify the areas of concern that I may focus with. Write your answer in the
space provided before each item.

1. It is define as that branch or division of law which defines crimes, threats of their
nature, and provide for their punishment.
a. Crime
b. Criminal Law
c. Revised Penal Code
d. Special Penal Laws
2. The following are the sources of criminal laws, except;
a. Revised Penal Code
b. Special Pena Laws passed by the Congress
 c. Penal Presidential Decree issued during Martial Law
d. Executive orders
3. The basis of criminal law is mainly founded on what?
a. Police power of the state
b. Power of eminent domain
c. Power of Taxation
d. Law enforcement
4. When we say ex-post facto law what comes in your mind first?
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5. What is bill of attainder what do you know about it?
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To check your answers please see the key to correction provided in the last page of this module.

Learning Activity

You are now with the module proper. Please read comprehend each topic. Don’t rush it
manage your time and read it when you feel to. Good luck!

Criminal Law is defined as that branch or division of law which defines crime,
treats of their nature, and provide for their punishment (REYES, the Revised Penal
Code, Book 1 (2017), p 1).

Distinction between crime, offence and a felony

Crime is a generic term embracing both violations of the Revised Penal Code,
special penal laws and violations of municipal or city ordinances. Offense is an
infraction of special penal laws. Felonies on the other hand are acts and omission
punishable by the Revised Penal Code.
Example: Illegal possession of firearms is an offense punishable under R.A 10591 or
the Comprehensive Firearms and Ammunition Regulations Act of 2013. Murder on the
other hand is an example of a felony punishable under Article 248 of the Revised Penal
Code.

Sources of Criminal Law

The main sources of our criminal law are;
1. The Revised Penal Code,
2. Special Penal Laws passed by the congress of the Philippines, and
3. Penal Decrees issued during Martial Law regime.

Police power of the state as the basis of criminal law

The police power of the state is defined as power of the state to promote public
welfare by restraining and regulating the use of liberty and property. Thus to promote
welfare the general public, the state through the exercise of its police power can define
crimes and punish the same and ultimately laydown the criminal procedure which will
govern how the criminal laws should be applied.

Limitations on the power of the lawmaking body to enact penal laws

The authority of the state to enact penal laws is not absolute as it is subject to
certain limitations provided by the constitution. Some of which are those found in the bill
of rights specifically with respect to Ex Post Facto Law and Bill of Attainder.

Ex Post Facto Law

An Ex Post Facto Law refers to any law which
1. Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
Example: Juan cheated on his girlfriend in 2019. Subsequently, in 2020 a law
was passed criminalizing and penalizing the act of cheating. Juan cannot be
prosecuted for cheating because the same was not yet a crime when Juan
committed it.
2. Aggravates a crime, or make it greater than it was, when committed.
 Example: Juan cheated on his girlfriend in 2019 and the act of cheating is
punished by imprisonment of 5 years. Subsequently a law was passed amending
the penalty for cheating increasing it to 10 years. The imprisonment provided by
the subsequent law cannot be imposed to Juan.
3. Changes the punishment and inflicts a greater punishment than the law annexed
to the crime when committed.
Example: Juan cheated on his girlfriend in 2019 and the act of cheating is
punishable by imprisonment. Subsequently, a law was passed penalizing
cheating by death. The penalty of death cannot be imposed to Juan because
when he committed the act of cheating the same is punishable by imprisonment
only.
4. Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense.
Example: To convict Juan for the crime of cheating the law requires that his guilt
must be established beyond reasonable doubt. Subsequently, a law was passed
altering the required quantum of evidence by mere preponderance of evidence.
Here, to convict Juan his guilt must be established beyond reasonable doubt not
mere preponderance of evidence.
5. Deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
Example: Juan is accused for the crime of coup d’ etat. However before his
conviction in court the president granted him an amnesty. Subsequently, a law
saw passed revoking the amnesty granted to Juan.

Bill of Attainder
When we say Bill of Attainder this refers to any legislative act which inflicts
punishment upon person or group of person without the benefit of trial. Its essence is
the substitution of a legislative act for judicial determination of quilt.
Example: The congress passes a law which authorizes the arrest and
imprisonment of communist without the benefit of judicial trial.
Characteristics of Criminal Law
Our criminal law has three main characteristics; (1) Generality, (2) Territoriality,
and; (3) Prospective.
Generality simply means that our criminal law is binding upon all persons who live or
sojourn in the Philippine territory whether permanent or temporary. Article 14 of our New
Civil Code provides that “penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory, subject to the principle
of public international law and to treaty stipulations. Thus foreigners are subject to our
criminal laws while they are in the Philippines.
Question 1: May an American citizen be prosecuted for illegal possession of firearms in
our country considering that under the constitution of the United States its citizens has
the right to bear arms without the need of applying and securing a government license?

Please write your answer in a separate paper.

Take note however that the rule on generality is not absolute as it is subject to
certain exceptions. The exceptions are those provided under international law and
treaty stipulations. Under the principle of public international law, the following persons
are exempted from criminal liability; (1) sovereign and other chief of state, (2)
ambassadors, (3) ministers plenipotentiary, (4) ministers resident, and (5) charges
d’affaires. Example, if the president of the United States went to the Philippines and
slapped A he cannot be prosecuted for physical injury because being a chief of state he
is one of those exempted under the principle of public international law. With respect to
treaty stipulations the best examples are those provided under the Visiting Forces
Agreement between the United States and the Philippines.

Territorial means that our criminal law tends to punish only those crimes committed
within the Philippine territory. Thus if, say Juan, a Filipino citizen committed adultery
while in the United States he cannot be prosecuted here as the crime was committed
outside the territorial jurisdiction of the Philippines. But may A be prosecuted for the
crime of treason committed in the United States? The answer is yes because treason is
a crime against national security and thus one of those provided under Article 2 of the
Revised Penal Code which gives rise to certain exceptions to the rule of territoriality.
Question:
Maria and Pedro contracted marriage in the Philippines in 2015. In 2019 Maria went to
the United States and contracted a second marriage with Juan. May Maria be
prosecuted for the crime of bigamy here in the Philippines?

Please write your answer in a separate paper.

Prospective means that penal laws should be enforced prospectively. Meaning penal
laws cannot make an act punishable in a manner in which it was not punishable when
committed. However, penal laws may be given retroactive effect when it is favorable to
the accused. But there are instances where penal laws may not be given retroactive
effect even if it is favorable to the accused and these are; (1) When the new law is
expressly made inapplicable to pending actions or existing causes of action, and (2)
where the offender is a habitual criminal. A person is a habitual delinquent if within a
period of ten years from the date of his (last) release or last conviction of the crimes of
(1) serious physical injury, (2) robbery, (3) theft, (4) estafa, (5) falsification.

Construction of penal laws as a rule when the penal law is ambiguous meaning
uncertain they must be construed against the government and liberally in favor of the
accused.
The equipoise rule. Under this rule if the evidence presented is evenly balance
meaning one may lead to acquittal and the other leads to conviction the accused must
be acquitted in recognition of the constitutional right of the accused to presumption of
innocence.

You’re done with your first module!

Key to correction:

1. b
2. d
3. a
4. An ex-post facto law is any law which criminalizes an act which when done was innocent
and punishes the same.
5. Bill of Attainder is any legislative act which any inflicts punishment upon person or
group of person without the benefit of trial. Its essence is the substitution of a
legislative act for judicial determination of quilt.