CHARACTERISTICS OF CRIMINAL LAW. 1. That there must be an act or omission.

Criminal law has three main characteristics: (1) general, (2) territorial, 2. That the act or omission must be punishable by the Revised Penal
and (3) prospective. I. Code.

GENERAL, in that criminal law is binding on all persons who live or 3. That the act is performed or the omission incurred by means of dolo or
sojourn in Philippine territory culpa.

GENERAL, in that criminal law is binding on all persons who live or ACT DEFINED
sojourn in Philippine territory Page | 1
By act must be understood any bodily movement tending to
TERRITORIAL, in that criminal laws undertake to punish crimes produce some effect in the external world, it being unnecessary that the
committed within Philippine territory. The principle of territoriality same be actually produced, as the possibility of its production is
means that as a rule, penal laws of the Philippines are enforceable only sufficient.
within its territory.
OMISSION DEFINED
PROSPECTIVE, in that a penal law cannot make an act punishable in a
manner in which it was not punishable when committed. As provided in By omission is meant inaction, the failure to perform a positive
Article 366 of the Revised Penal Code, crimes are punished under the duty which one is bound to do.
laws in force at the time of their commission.
ART. 3 CLASSIFIES FELONIES
PERSONS EXEMPT FROM THE OPERATION OF OUR
CRIMINAL LAWS BY VIRTUE OF THE PRINCIPLES OF Intentional felonies and culpable felonies distinguished.
PUBLIC INTERNATIONAL LAW.
In intentional felonies, the act or omission of the offender is
The following are not subject to the operation of our criminal laws: malicious. In the language of Art. 3, the act is performed with deliberate
Sovereigns and other chiefs of state. (2) Ambassadors, ministers intent. The offender, in performing the act or in incurring the omission,
plenipotentiary, ministers resident, and charges d'affaires. has the intention to cause an injury to another

ARTICLE 1 In culpable felonies, the act or omission of the offender is not

malicious. The injury caused by the offender to another person is
DATE OF EFFECTIVENESS. ARTICLE 1. Time when Act takes "unintentional, it being simply the incident of another act performed
effect. — This Code shall take effect on the first day of January, nineteen without malice."
hundred and thirty-two.
REQUISITES OF DOLO OR MALICE.
TWO THEORIES IN CRIMINAL LAW. There are two important
theories in criminal law: (1) the classical theory, and (2) the positivist In order that an act or may be considered as having been performed or
theory. incurred with deliberate intent, the following requisites must concur:

CHARACTERISTICS OF CLASSICAL THEORY. (1) He must have FREEDOM while doing an act or omitting to do an act;

That man is essentially a moral creature with an absolutely free (2) He must have INTELLIGENCE while doing the act or omitting to do
will to choose between good and evil, thereby placing more stress upon the act;
the effect or result of the felonious act than upon the man, the criminal
(3) He must have INTENT while doing the `act or omitting to do the act.
himself.
MISTAKE OF FACT
CHARACTERISTICS OF THE POSITIVIST THEORY.
Is a misapprehension of fact on the part of the person who caused injury
That man is subdued occasionally by a strange and morbid
on another.
phenomenon which constrains him to do wrong, in spite of or contrary to
his volition. 1. Act done would have been lawful had the facts been as the
accused believed them to be.
ARTICLE 2
2. That the intention of the accused in performing the act is
Q: In what cases are the provisions of the Revised Penal Code lawful.
applicable even if the felony is committed outside of the Philippines? 3. The mistake of fact is without fault or carelessness on the part
of the accused.
A: The answer is the enumeration in Art. 2.
CRIMINAL INTENT IS NECESSARY IN FELONIES COMMITTED
SCOPE OF THE APPLICATION OF THE PROVISIONS OF THE BY MEANS OF DOLO
REVISED PENAL CODE.
CRIMINAL INTENT IS REPLACED BY NEGLIGENCE AND
The provisions of the Revised Penal Code shall be enforced not IMPRUDENCE IN FELONIES COMMITTED BY MEANS OF CULPA
only within the Philippine Archipelago, but also outside of its jurisdiction
in certain cases, as provided in Article two. IN THOSE CRIMES PUNISHED BY SPEACIAL LAWS, THE ACT
ALONE, IRRESPECTIVE OF ITS MOTIVES, CONSTITUTES THE
IMPORTANT WORDS AND PHRASES IN ART. 2 OFFENSE

1. "Its atmosphere." The sovereignty of the subject State and therefore its MALA IN SE – are those crimes that are wrongful from their nature and
penal laws extend to all the air space which covers its territory, subject to so serious in their effects on society as to call for almost unanimous
the right of way or easement in favor of foreign aircrafts. condemnation of its member. Criminal intent is necessary and good faith
is a valid defense.
2. "Interior waters." The phrase "interior waters" includes creeks, rivers,
lakes and bays, gulfs, straits, coves, inlets and roadsteads lying wholly MALA PROHIBITA – are wrong merely because they are prohibited by
within the three-mile limit. law and are violations of mere rule of convenience designed to secure a
more orderly regulation of affairs.
3. "Maritime zone." The States by means of treaties have fixed its length
to three miles from the coastline, starting from the low water mark. When the acts are inherently immoral, they are mala in se,
even if punished by special laws.
CRIMES COMMITTED ON BOARD FOREIGN MERCHANT
SHIP OR AIRSHIP. MOTIVE – is the moving power which impels one to action for a definite
result. It is not an essential element of a crime, and need not to be proven
Just as our merchant ship is an extension of our territory, foreign for conviction.
merchant ship is considered an extension of the territory of the country to
which it belongs. For this reason, an offense committed on the high seas INTENT – is the purpose to use a particular means to effect such result.
on board a foreign merchant vessel is not triable by our courts.
ARTICLE 4 CRIMINAL LIABILITY
ARTICLE 3
1. By any person committing a felony, although the wrongful act
FELONIES, DEFINED. Felonies are acts and omissions punishable by done be different from that which he intended.
the Revised Penal Code. Elements of felonies. The elements of felonies in
general are:
2. By any person performing an act which would have been an
offense against persons or property, were it not for the inherent
impossibility of its accomplishment, or on account of the
employment of ineffectual or inadequate means.

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