CRIMINAL LAW IN GENERAL

Criminal Law: Criminal Law – the branch or division of law which defines crimes,
Crime defined treats of their nature, and provides for their punishment.

Crime – an act committed or omitted in violation of a public law

forbidding or commanding it.

Felony – crime punishable under the Revised Penal Code committed

either intentionally or negligently.

Offense – crime punishable under special laws (any other laws other
than the RPC).

Infractions – violations of ordinances.

Sources Sources of Philippine Criminal Law:
1) The Revised Penal Code (Act 3815) and its amendments.
2) Special Penal Laws passed by the Philippine Commission,
Philippine Assembly, Philippine Legislature, National
Assembly, the Batasang Pambansa, and the Congress of the
Philippines.
3) Penal Presidential Decrees issued during Martial Law.
Common Law No Common Law Crimes in the Philippines
Crimes; doctrine of
Pro-reo Common law crimes are the body of principles, usages, and rules of
action, which do not rest its authority upon any express and
positive declaration of the will of the legislature, are not recognized
in this country.

Unless there is a particular provision in the Penal Code or Special

Penal Law, no criminal liability may be incurred.

Court decisions are not sources of criminal law.

Doctrine of Pro-reo (when in doubt, for the accused) – it is a

doctrine under the RPC which refers to the interpretation favorable
to the accused where a law admits of several interpretations.

Rule of Lenity – when the Court is faced with two possible

interpretation of a penal statute, one that is prejudicial to the accused
and another that is favorable to him; it calls for the adoption of an
interpretation which is more lenient to the accused.
Power to define and Police Power is the source of the State’s authority to define and punish
punish crimes; crimes, as well as to lay down rules of criminal procedure.
limitations
A. Limitations on the power of Congress to enact penal
legislation
a) Due process and equal protection of law (Art. III,
Section 1).
1. Due process
➢ Substantive due process requires the intrinsic
validity of the law in interfering with the rights of
the person to his life, liberty, or property.
➢ Procedural due process consists of the two basic
rights to notice and hearing, and the guaranty of
being heard by an impartial and competent tribunal.
➢ Requires that the accused be heard in a court of
competent jurisdiction, proceeded against under the
orderly process of law, and only after inquiry and
investigation, upon notice to him, with an
opportunity to be heard, and a judgement awarded
within the authority of constitutional law.
2. Equal protection
➢ All persons or things similarly situated should be
treated alike, both as to rights conferred and
responsibilities imposed.
➢ Guarantees that no person or class of persons
shall be denied the same protection of laws which
is enjoyed by other persons or other classes in like
circumstances.
b) Non-imposition of excessive fines or cruel and unusual
punishment (Art. III, Section 19 (1))
1. Excessive Fines
➢ Constitutional prohibition on the imposition of
unusual fines applies only to criminal prosecutions.
➢ A penalty is obnoxious if it is flagrantly and
plainly oppressive or so disproportionate as to
shock the moral sense of all reasonable persons
to what is right and proper under the
circumstances.
2. Cruel and unusual punishment
➢ Extends to situations of extreme corporeal or
psychological punishment that strips the individual
of his humanity.
➢ Aimed more at the form or character of the
punishment rather than its severity.
➢ A punishment authorized by a statute is not
cruel, degrading, or disproportionate to the
nature of the offense unless it is flagrantly and
plainly oppressive and wholly disproportionate to
the nature of the offense as to shock the moral sense
of the community.
 c) Ex post facto Law or Bill of attainder (Art. III, Section
2).
Ex post facto law; bill A. Ex post facto law
of attainder - Congress is prohibited from passing retroactive penal
laws that are prejudicial to the accused.
- Penal laws are those acts of the legislature which prohibit
certain acts and establish penalties for their violations,
or those that define crimes, treat of their nature, and
provide their punishment.
a) Characteristics of an ex post facto law
1. Makes criminal an act done before the passage of
the law and punishes such an act.
2. Aggravates a crime, or make it greater than it was,
when committed.
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
when committed
4. Alters the legal rule of evidence and authorizes
conviction upon less or different testimony than
the law required at the time of the commission of
the offense.
5. Assumes to regulate civil rights and remedies
only, in effect imposes penalty or deprivation of
a right for something which when done was
lawful
6. 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.
B. Bill of attainder
- A legislative act which inflicts punishment on
individuals without judicial trial.
- Substitution of legislative act for judicial determination of
guilt.

C. Constitutional rights of the accused (Art. III, Bill of Rights)

1. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or
administrative bodies (Section 16).
2. No person shall be held to answer for a criminal offense
without due process of law (Section 14 [1])
3. All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties,
or be released on recognizance as may be provided by
law.
 The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended.

Excessive bail shall not be required (Section 13).

4. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved and
shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is
unjustifiable (Sec. 14 [2])
5. No person shall be compelled to be a witness against
himself (Section 17).

Any person under the investigation for the commission

of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent
counsel preferably of his own choice.

If the person cannot afford the services of counsel, he

must be provided with one.

These rights cannot be waived except in writing and in

the presence of counsel (Section 12 [1]).

No torture, force, violence, threat, intimidation, or any

other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited (Section 12 [2]).

Any confession or admission obtained in violation of

this, or Section 17 hereof shall be inadmissible in
evidence against him (Section 12 [3]).
6. Excessive fines shall not be imposed, nor cruel,
degrading, or inhuman punishment inflicted (Section 19
[1]).
7. No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by a law and
an ordinance, conviction, or acquittal under either shall
 constitute a bar to another prosecution for the same act
(Section 21).
8. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty (Section 11).
D. Statutory rights of the accused (Section 1, Rule 115,
Revised Rules on Criminal Procedures)
1. To be presumed innocent until the contrary is proved
beyond reasonable doubt
2. To be informed of the nature and cause of the
accusation against him.
3. To be present and defend in person by counsel at every
stage of proceedings, from arraignment to promulgation
of the judgement.
4. To testify as a witness on his own behalf but subject to
cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice
him.
5. To be exempt from being compelled to be a witness
against himself.
6. To confront and cross-examine the witnesses against
him at the trial.
7. To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
8. To have a speedy, impartial, and public trial.
9. To appeal in all cases allowed and, in the manner,
prescribed by law.

E. Waivable rights
- Right of the accused to confrontation and cross-
examination
- Rights which may be waived are personal.
F. Non-waivable rights
- Right of the accused to be informed of the nature and cause
of accusation against him
- Rights which may not be waived involved public interest.
Three characteristics A. General
of Criminal Law; - Criminal law is binding on all persons who live or sojourn
theories in Criminal in the Philippine territory (Art.14, NCC).
Law a. Exceptions
1. “Subject to the principles of public international
law and to treaty stipulations”
2. Law of preferential application, RA 75 which
exempts from arrests or imprisonment ambassadors
or public minister of any foreign State.
 3. Persons exempt from the operation of criminal
laws by virtue of public international law:
i. Ambassadors and other heads of mission of
equivalent rank
ii. Envoys extraordinary, minister’s
plenipotentiary, and other representatives
who are accredited to the hosts heads of
State
iii. Charges d’ affaires, accredited to the
minister of foreign affairs.
4. Sovereign immunity from suit (except when state
officials are sued in their personal capacity).
5. Presidential immunity from suit during tenure or
actual incumbency, the president enjoys immunity
from suit.
B. Territorial
- Criminal Law undertake to punish crimes committed
within Philippine territory.
- Penal laws of the Philippines are enforceable only within
its territory.
a) Article 2 (RPC)
➢ Enforced within the Philippine Archipelago,
including its atmosphere, interior waters, and
maritime zone.
b) Exceptions
➢ The provisions of the RPC shall apply outside
Philippine jurisdiction against those who:
1. Commit an offense while on a Philippine ship
or airship
2. Forge or counterfeit any coin or currency
note of the Philippines or obligations and
securities issued by the government of the
Philippines
3. Liable for acts connected with the
introductions into the Philippines of the
obligations and securities mentioned in the
preceding number
4. Public officer or employees should commit
an offense in the exercise of their functions
5. Commit any of the crimes against national
security and the law of nations
C. Prospective
- Penal laws shall have no retroactive application, lest they
acquire the character of an ex post facto law.
 - Article 21 (RPC), “no felony shall be punishable by any
penalty not prescribed by the law prior to its
commission.”
a) Exceptions
➢ When the new penal law establishes more lenient or
favorable to the accused.
➢ When it is favorable to the accused.
i. Except
o Where the new law is made
inapplicable to pending actions or
existing causes of action.
o Offender is a habitual criminal
under Rule 5, Article 62 (RPC).
Repeal of Penal Law A. Effects of repeal on penal law
a) Repeal makes the penalty lighter in the new law, the new
law shall be applied, except:
1. When the offender is a habitual delinquent
2. New law is not made applicable pending action or
existing causes of action
b) Repeal imposes a heavier penalty the law in force at the
time of the commission of the offense shall be applied
c) If the new law absolutely repealed the penal law the
crime is obliterated.
B. Repeal is absolute, offense cease to be Criminal
- The absolute repeal of a penal law has the effect of
depriving a court of its authority to punish a person
charged with violation of the old law prior to its repeal.
C. New law and old law penalize the same offense, offender
can be tried under the old law
- When the repealing law penalizes an offense of the
former law, such does not have the effect of depriving the
courts of jurisdiction to try, convict, and sentence offenders
charged with violation of the old law prior to repeal.
D. Repealing law fails to penalize the offense under the old
law, accused cannot be convicted under the new law
- Court loses jurisdiction when the repealing law fails to
penalize the act defined and penalize as an offense in the
old law.
E. Self-repealing law
- Where an act expires by its own limitation, the effect is
the same as though it had been repealed at the time of its
expiration.
Construction of A. Penal Laws are strictly construed against the government and
Penal Laws liberally in favor of the accused.
- May be invoked only where the law is ambiguous and there
is doubt as to its interpretation. Where the law is clear and
 unambiguous, there is no room for the application of the
rule.

B. In the construction or interpretation of the provisions of the

RPC, the Spanish Text is controlling, because it was
approved by the Philippine Legislature in its Spanish Text.
Mala in se; Mala Malum in se (“evil in itself”) – a crime or an act is inherently
prohibita immoral, such as murder, arson, and rape.

Malum Prohibitum (“prohibited evil”) – an act that is a crime

because it is prohibited by statute, although the act itself is not
necessarily immoral.

The determining factor is the determination of the inherent immorality

or vileness of the penalized act.