Jessa Crimlaw
Jessa Crimlaw
CRIMINAL LAW 1 (Aug. 27, 2021) The five paragraphs of Art. 2 treat of the application
of the Revised Penal Code to acts committed in the
Criminal law air, at sea, and even in a foreign country when such
-is that branch or division of law which defines acts affect the political or economic life of the
crimes, treats of their nature, and provides for their nation. In what cases are the provisions of the
punishment. Revised Penal Code applicable even if the
felony is committed outside of the
Nullum crimen, nulla poena sine lege Philippines?
-There is no crime when there is no law punishing
the same. This is true to civil law countries, but not They are applicable in the following cases:
to common law countries. Because of this maxim, 1. When the offender should commit an offense
there is no common law crime in the Philippines. while on a Philippine ship or airship. The Philippine
No matter how wrongful, evil or bad the act is, if vessel, although beyond three miles from
there is no law defining the act, the same is not the seashore, is considered part of the national
considered a crime. Common law crimes are territory. Thus, any person who committed a crime
wrongful acts which the community/society on board a Philippine ship or airship while the same
condemns as contemptible, even though there is no is outside of the Philippine territory can be tried
law declaring the act criminal. Not any law before our civil courts for violation of the Penal
punishing an act or omission may be valid as a Code. But when the Philippine vessel or aircraft is
criminal law. If the law punishing an act is in the territory of a foreign country, the crime
ambiguous, it is null and void. committed on said vessel or aircraft is subject to
the laws of that foreign country.
Theories in Criminal Law A Philippine vessel or aircraft must be understood
1. Classical Theory – Man is essentially a moral as that which is registered in the Philippine Bureau
creature with an absolute free will to choose of Customs. It is the registration of the vessel or
between good and evil and therefore more stress is aircraft in accordance with the laws of the
placed upon the result of the felonious act than Philippines, not the citizenship of its owner, which
upon the criminal himself. makes it a Philippine ship or airship. A vessel or
aircraft which is unregistered or unlicensed does
2. Positivist Theory – Man is subdued not come within the purview of paragraph No. 1 of
occasionally by a strange and morbid phenomenon Art. 2. Thus, if a crime is committed ten miles from
which conditions him to do wrong in spite of or the shores of the Philippines on board a vessel
contrary to his volition. (Crime is essentially a social belonging to a Filipino, but the same is not
and natural phenomenon) registered or licensed in accordance with
the laws of the Philippines, paragraph No. 1 of Art.
3. Eclectic or Mixed Philosophy - This combines 2 is not applicable. The Philippine court has no
both positivist and classical thinking. Crimes that jurisdiction over the crime of theft committed on the
are economic and social and nature should be dealt high seas on board a vessel not registered
with in a positivist manner; thus, the law is more or licensed in the Philippines. (U.S. vs. Fowler, 1
compassionate. Heinous crimes should be dealt Phil. 614)
with in a classical manner; thus, capital
punishment. 2. When the offender should forge or counterfeit
any coin or currency note of the Philippines or
Construction of Penal Law obligations and securities issued by the
- strictly construed against the government and Government. Thus, any person who makes false or
liberally in favor of the accussed. counterfeit coins (Art. 163) or forges treasury or
-spanish text is controlling bank notes or other obligations and securities (Art.
1. Criminal Statutes are liberally construed in favor 166) in a foreign country may be prosecuted before
of the offender. This means that no person shall be our civil courts for violation of Art. 163 or Art. 166 of
brought within their terms who is not clearly within the Revised Penal Code.
them, nor should any act be pronounced criminal
which is not clearly made so by statute. 3. When the offender should be liable for acts
2. The original text in which a penal law is approved connected with the introduction into the Philippines
in case of a conflict with an official translation. of the obligations and securities mentioned in the
3. Interpretation by analogy has no place in criminal preceding number. The reason for this provision is
law that the introduction of forged or counterfeited
obligations and securities into the Philippines is as
Application of the RPC dangerous as the forging or counterfeiting of
2 Penal System: the same, to the economical interest of the country.
1) Spanish Penal System
2) American Penal System 4. When the offender, while being a public officer or
employee, should commit an offense in the
Scope of the application of the provisions of the exercise of his functions. The crimes that may be
Revised Penal Code. committed in the exercise of public functions are
The provisions of the Revised Penal Code shall be direct bribery (Art. 210), indirect bribery (Art.
enforced not only within the Philippine Archipelago, 211), frauds against the public treasury (Art. 213),
but also outside of its jurisdiction in certain cases. possession of prohibited interest (Art. 216),
malversation of public funds or property (Art. 217),
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failure of accountable officer to render accounts measured in a straight line from headland to
(Art. 218), illegal use of public funds or property headland, and all straits of less than six miles wide.
(Art. 220), failure to make delivery of public funds or For those straits having more than that width, the
property (Art. 221), and falsification by a public space in the center outside of the marine league
officer or employee committed with abuse of his limits is considered as open sea. (Opinion of
official position. (Art. 171) Attorney General, Jan.
18,1912)
APPLICATION OF ITS PROVISIONS Art. 2
When any of these felonies is committed abroad by Crimes committed on board foreign merchant ship
any of our public officers or employees while in the or airship. Just as our merchant ship is an
exercise of his functions, he can be prosecuted extension of our territory, foreign merchant ship is
here. considered an extension of the territory of
the country to which it belongs. For this reason, an
5. When the offender should commit any of the offense committed on the high seas on board a
crimes against the national security and the law of foreign merchant vessel is not triable by our courts.
nations. The crimes against the national security (U.S. vs. Fowler, 1 Phil. 614)
and the law of nations are treason (Art. 114),
conspiracy and proposal to commit treason (Art. Continuing offense on board a foreign vessel.
115), espionage (Art. 117), inciting to war and But a continuing crime committed on board a
giving motives for reprisals (Art. 118), violation of Norwegian merchant vessel sailing from Formosa
neutrality (Art. 119), correspondence with hostile to the Philippines, by failing to provide stalls for
country (Art. 120), flight to enemy's country (Art. animals in transit in violation of Act No. 55, is
121), and piracy and mutiny on the high seas. (Art. triable in the Philippines. The offense of failing to
122) The crimes punishable in the Philippines provide suitable means for securing
under Art. 2 are cognizable by the Regional Trial animals while transporting them on a (foreign) ship
Court in which the charge.is filed. The crimes from a foreign port to a port of the Philippines is
committed outside of the Philippines but punishable within the jurisdiction of the courts of the Philippines
therein under Article 2 of the Revised Penal Code when the forbidden conditions existed during the
shall be cognizable by the Regional Trial Court in time the ship was within territorial waters,
which the charge is first filed. (Rule 110, Sec. 15[d], regardless of the fact that the same conditions
Revised Rules of Criminal Procedure) Regional existed when the ship sailed from the foreign
Trial Courts (formerly CFI) have original jurisdiction port and while it was on the high seas. (U.S. vs.
over all crimes and offenses committed on the high Bull, 15 Phil. 7)
seas or beyond the jurisdiction of any country on
board a ship or warcraft of any kind registered or Offense committed on board a foreign merchant
licensed in the Philippines in accordance with its vessel while on Philippine waters is triable before
laws. (Sec. 44[g], Judiciary Act of 1948, Rep. Act our court. Since the Philippine territory extends to
No. 296) three miles from the headlands, when a foreign
merchant vessel enters this three-mile limit,
IMPORTANT WORDS AND PHRASES IN ART. 2 the ship's officers and crew become subject to the
1. "Except as provided in the treaties and laws of jurisdiction of our courts. The space within 3 miles
preferential application." This phrase means that of a line drawn from the headlands which embrace
while the general rule is that the provisions of the the entrance to Manila Bay is within territorial
Revised Penal Code shall be enforced against any waters. (U.S. vs. Bull, 15 Phil. 7, 17-18)
person who violates any of its provisions while
living or sojourning in the Philippines, the Rules as to jurisdiction over crimes committed
exceptions to that rule may be provided by the aboard foreign merchant vessels. There are two
treaties and laws of preferential applications, like rules as to jurisdiction over crimes committed
the RP-US Visiting Forces Accord, the Military aboard merchant vessels while in the territorial
Bases Agreement between the Republic of the waters of another country.
Philippines and the United States of America, and
the provisions of Rep. Act No. 75. French Rule. — Such crimes are not triable in the
2. "it’s atmosphere." The sovereignty of the courts of that country, unless their commission
subjacent State, and therefore its penal laws affects the peace and security of the territory or the
extend to all the air space which covers its safety of the state is endangered.
territory, subject to the right of way or easement in
favor of foreign aircrafts. English Rule. — Such crimes are triable in that
3. "interior waters." The phrase "interior waters" country, unless they merely affect things within the
includes creeks, rivers, lakes and bays, gulfs, vessel or they refer to the internal management
straits, coves, inlets and roadsteads thereof. In this country, we observe the English
lying wholly within the three-mile limit. Rule. According to the French theory and practice,
4. "maritime zone." The States by means of treaties matters happening on board a merchant ship which
have fixed its length to three miles from the do not concern the tranquility of the port or persons
coastline, starting from the low water mark. foreign to the crew, are justiceable only by the
It includes those bays, gulfs, adjacent parts of the courts of the country to which the vessel belongs.
sea or recesses in the coastline whose width at The French courts therefore claim exclusive
their entrance is not more than twelve miles jurisdiction over crimes committed on board French
merchant vessels in foreign ports by one member
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of the crew against another. Such jurisdiction has 1. Place where the crime was committed;
never been admitted or claimed by 2. The nature of the crime committed; and
Great Britain as a right, although she has frequently 3. The person committing the crime.
conceded it by
treaties. (U.S. vs. Bull, 15 Phil. 7, 14) 3. Prospective (Prospectivity)– the law does not
have any retroactive effect.
Mala inse and Mala prohibita Exception to Prospective Application: when new
statute is favorable to the accused.
Characteristics of Criminal Law This is also called irretrospectivity.
1) generality - principles of international law, laws of
preferential application and case law Acts or omissions will only be subject to a penal law
2) Territoriality - french rule, english rule, if they are committed after a penal law had already
extraterritoriality principle taken effect. Vice-versa, this act or omission which
3) Prospectivity – retroactivity has been committed before the effectivity of a penal
law could not be penalized by such penal law
1. General – the law is binding to all persons who because penal laws operate only prospectively.
reside in the Philippines The exception where a penal law may be given
Generality of criminal law means that the criminal retroactive application is true only with a
law of the country governs all persons within the repealing law. If it is an original penal law, that
country regardless of their race, belief, sex, or exception can never operate. What is
creed. However, it is subject to certain exceptions contemplated by the exception is that there is an
brought about by international agreement. original law and there is a repealing law repealing
Ambassadors, chiefs of states and other diplomatic the original law. It is the repealing law that may be
officials are immune from the application of penal given retroactive application to those who violated
laws when they are in the country where they are the original law, if the repealing penal law is more
assigned. Note that consuls are not diplomatic favorable to the offender who violated the original
officers. This includes consul-general, vice-consul law. If there is only one penal law, it can never be
or any given retroactive effect.
consul in a foreign country, who are therefore, not
immune to the operation or application of the penal Effects of repeal:
law of the country where they are assigned. A repeal is absolute or total when the crime
Consuls are subject to the penal laws of the country punished under the repealed law has been
where they are assigned. decriminalized by the repeal. Because of the
It has no reference to territory. Whenever you are repeal, the act or omission which used to be a
asked to explain this, it does not include territory. It crime is no longer a crime. An example is Republic
refers to persons that may be governed by the Act No. 7363, which decriminalized
penal law. subversion.
Exceptions to general application of criminal law:
a) principles of public international law A repeal is partial or relative when the crime
b) treaties or treaty stipulations punished under the repealed law continues to be a
c) laws of preferential application crime inspite of the repeal. This means that the
repeal merely modified the conditions affecting
2. Territorial – the law is binding to all crimes the crime under the repealed law. The modification
committed within the National Territory may be prejudicial or beneficial to the
of the Philippines Exception to Territorial offender. Hence, the following rule:
Application: Instances enumerated under Article 2. Consequences if repeal of penal law is total or
Territoriality means that the penal laws of the absolute
country have force and effect only within its
territory. It cannot penalize crimes committed (1) If a case is pending in court involving the
outside the same. This is subject to certain violation of the repealed law, the same shall be
exceptions brought about by international dismissed, even though the accused may be a
agreements and practice. The territory of the habitual delinquent. This is so because
country is not limited to the land where its all persons accused of a crime are presumed
sovereignty resides but includes also its maritime innocent until they are convicted by final
and interior waters as well as its atmosphere. judgment. Therefore, the accused shall be
Terrestrial jurisdiction is the jurisdiction exercised acquitted.
over land. Fluvial jurisdiction is the jurisdiction
exercised over maritime and interior waters. Aerial (2) If a case is already decided and the accused is
jurisdiction is the jurisdiction exercised over the already serving sentence by final judgment, if the
atmosphere. convict is not a habitual delinquent, then he will be
entitled to a release unless there is a
The Archipelagic Rule reservation clause in the penal law that it will not
All bodies of water comprising the maritime zone apply to those serving sentence at the
and interior waters abounding different islandsm time of the repeal. But if there is no reservation,
comprising the Philippine Archipelago are part of those who are not habitual delinquents
the Philippine territory regardless of their breadth, even if they are already serving their sentence will
depth, width or dimension. receive the benefit of the repealing
What Determines Jurisdiction in a Criminal Case? law. They are entitled to release.
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This does not mean that if they are not released, which a penalty of arresto mayor or a fine not
they are free to escape. If they escape, exceeding P200.00 or both is provided. On the
they commit the crime of evasion of sentence, even other hand, under Article 26, a fine whether
if there is no more legal basis to hold imposed as a single or an alternative penalty, if it
them in the penitentiary. This is so because exceeds P6,000.00 but is not less than P 200.00, is
prisoners are accountabilities of the considered a correctional penalty. These
government; they are not supposed to step out two articles appear to be inconsistent. So to
simply because their sentence has harmonize them, the Supreme Court ruled that if
already been, or that the law under which they are the
sentenced has been declared null and issue involves the prescription of the crime, that
void. felony will be considered a light felony and,
If they are not discharged from confinement, a therefore, prescribes within two months. But if the
petition for habeas corpus should be filed issue involves prescription of the penalty, the
to test the legality of their continued confinement in fine of P200.00 will be considered correctional and
jail. it will prescribe within 10 years. Clearly, the
If the convict, on the other hand, is a habitual court avoided the collision between the two articles.
delinquent, he will continue serving the Consequences if repeal of penal law is express or
sentence in spite of the fact that the law under implied
which he was convicted has already been (1) If a penal law is impliedly repealed, the
absolutely repealed. This is so because penal laws subsequent repeal of the repealing law will revive
should be given retroactive the original law. So the act or omission which was
application to favor only those who are not habitual punished as a crime under the original
delinquents. law will be revived and the same shall again be
Consequences if repeal of penal law is partial or crimes although during the implied repeal
relative they may not be punishable.
(1) If a case is pending in court involving the
violation of the repealed law, and the repealing law (2) If the repeal is express, the repeal of the
is more favorable to the accused, it shall be the one repealing law will not revive the first law, so the
applied to him. So whether he is a act or omission will no longer be penalized.
habitual delinquent or not, if the case is still pending These effects of repeal do not apply to self-
in court, the repealing law will be the repealing laws or those which have automatic
one to apply unless there is a saving clause in the termination. An example is the Rent Control Law
repealing law that it shall not apply to which is revived by Congress every two years.
pending causes of action. When there is a repeal, the repealing law
(2) If a case is already decided and the accused is expresses the legislative intention to do away with
already serving sentence by final judgment, even such
if the repealing law is partial or relative, the crime law, and, therefore, implies a condonation of the
still remains to be a crime. Those who punishment. Such legislative intention does not
are not habitual delinquents will benefit on the exist in a self-terminating law because there was no
effect of that repeal, so that if the repeal is repeal at all.
more lenient to them, it will be the repealing law In Co v. CA, decided on October 28, 1993, it was
that will henceforth apply to them. held that the principle of prospectivity of
Express or implied repeal. – Express or implied statutes also applies to administrative rulings and
repeal refers to the manner the repeal is done. circulars.
Express repeal takes place when a subsequent law
contains a provision that such law repeals Constitutional Limitations on Power of
an earlier enactment. For example, in Republic Act Congress to Enact Penal Laws
No. 6425 (The Dangerous Drugs Act of The Bill of Rights of the 1987 Constitution imposes
1972), there is an express provision of repeal of the following limitations:
Title V of the Revised Penal Code. A. No ex post facto law or bill of attainder shall be
Implied repeals are not favored. It requires a enacted
competent court to declare an implied repeal. An B. No person shall be held to answer for a criminal
implied repeal will take place when there is a law offense without due process of law.
on a particular subject matter and a subsequent
law is passed also on the same subject matter but 1. equal protection clause
is inconsistent with the first law, such that the Article III, Bill of Rights, of the 1987 Constitution
two laws cannot stand together, one of the two laws provides for
must give way. It is the earlier that will give the following rights:
way to the later law because the later law
expresses the recent legislative sentiment. So you Constitutional Rights of the Accused
can have an implied repeal when there are two
inconsistent laws. When the earlier law does not 1. All persons shall have the right to a speedy
expressly provide that it is repealing an earlier law, disposition of their cases before all judicial, quasi-
what has taken place here is implied repeal. If judicial, or administrative bodies. (Sec. 16)
the two laws can be reconciled, the court shall 2. No person shall be held to answer for a criminal
always try to avoid an implied repeal. offense without due process of law. (Sec. 14[1])
For example, under Article 9, light felonies are 3. All persons, except those charged with offenses
those infractions of the law for the commission of punishable by reclusion perpetua when evidence of
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guilt is strong, shall, before conviction, be bailable 3. To be present and defend in person and by
by sufficient sureties, or be released on counsel at every stage of the proceedings, from
recognizance as may be provided by law. arraignment to promulgation
The right to bail shall not be impaired even when of the judgment,
the privilege of the writ of habeas corpus is 4. To testify as a witness in his own behalf but
suspended. Excessive bail shall not be required. subject to cross-examination on matters covered by
(Sec. 13) direct examination. His silence shall not in any
manner prejudice him.
4. In all criminal prosecutions, the accused shall be 5. To be exempt from being compelled to be a
presumed innocent until the contrary is proved, and witness against himself.
shall enjoy the right to be heard by himself and 6. To confront and cross-examine the witnesses
counsel, to be informed of the nature and cause of against him at the trial,
the accusation against him, to have speedy, 7. To have compulsory process issued to secure
impartial, and public trial, to meet the the attendance of witnesses and production of
witnesses face to face, and to have compulsory other evidence in his behalf.
process to secure the attendance of witnesses and 8. To have a speedy, impartial and public trial.
the production of evidence in his behalf. However, 9. To appeal in all cases allowed and, in the
after arraignment, trial may proceed manner, prescribed by law.
notwithstanding the absence of the accused
provided that he has been duly notified and his Rights of the accused which may be waived and
failure to appear is unjustifiable. (Sec. 14[2]) rights which may not be waived.
A right which may be waived is the right of the
5. No person shall be compelled to be a witness accused to confrontation and cross-examination. A
against himself. (Sec. 17) Any person under right which may not be waived is the right of the
investigation for the commission of an offense shall accused to be informed of the nature and cause of
have the right to be informed of his right to remain the accusation against him.
silent and to have competent and independent The reason or principle underlying the difference
counsel preferably of his own choice. between rights which may be waived and rights
If the person cannot afford the services of counsel, which may not be waived is that those
he must be provided with one. rights which may be waived are personal, while
These rights cannot be waived except in writing those rights which may not be waived involve public
and in the presence of counsel. (Sec. 12[1]) interest which may be affected. (2 Moran, Rules of
No torture, force, violence; threat, intimidation, or Court, 1952 Edition, 748)
any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, 2) due process clause
incommunicado, 3) non-imposition of cruel and unusual penalty
or excessive fine
Statutory Rights of the Accused 4) prohibition on the imposition of death
or other similar forms of detention are prohibited. penalty
(Sec 12[2])
Any confession or admission obtained in violation 5) bill of attainder
of this or Section 17 hereof shall be inadmissible in -a legislative act which inflicts punishment without
evidence against him. (Sec. 12[3]) trial. Its essence is the substitution of a legislative
6. Excessive fines shall not be imposed, nor cruel, for a judicial determination of guilt.
degrading or inhuman punishment inflicted. (Sec.
19[1]) 6) ex post facto law
7. No person shall be twice put in jeopardy of 1. Makes criminal an act done before the passage
punishment for the same offense. If an act is of the law, and which was innocent when done, and
punished by a law and an ordinance, conviction or punishes such an act.
acquittal under either shall constitute a bar to 2. Aggravates a crime, or makes it greater than it
another prosecution for the same act. was, when committed.
(Sec. 21) 3. Changes the punishment and inflicts a greater
8. Free access to the courts and quasi-judicial punishment than the law annexed to the crime
bodies and adequate legal assistance shall not be when committed.
denied to any person by reason of poverty. (Sec. 4. Alters the legal rules of evidence, and authorizes
11) conviction upon less or different testimony than the
law required at the time of the commission of the
Statutory rights of the accused. offense.
Section 1, Rule 115, of the Revised Rules on 5. Assumes to regulate civil rights and remedies
Criminal Procedure only, in effect imposes penalty or deprivation of a
provides that in all criminal prosecutions, the right for something which when done was lawful
accused shall be and;
entitled: 6. Deprives a person accused of a crime some
1. To be presumed innocent until the contrary is lawful protection to which he has become entitled,
proved beyond reasonable doubt. such as the protection of a former conviction or
2. To be informed of the nature and cause of the acquittal, or a proclamation of amnesty.
accusation against him.