Criminal Law I
General Principles
Definition
Criminal Law - branch of law which defines crimes, treats of their nature and
provides for punishment
Law - rule of conduct, obligatory in nature, promulgated by competent authority
for the good of people and observance of all
Sources of Criminal Law
§ Act No. 3815, The Revised Penal Code
§ Special penal laws enacted by the Legislature
Powers of the State
§ Police Power
§ Power of Taxation
§ Power of Eminent Domain
Branches of Government
§ Legislative Branch
§ Executive Branch
§ Judiciary
The State has the authority to define and punish crimes as
part of its Police Power
The Legislative Branch of Government enacts laws,
including Criminal Laws
The Executive Branch implements laws, while the
Judiciary interprets laws
Limitations on power to enact penal laws
§ No ex post facto law
§ No bill of attainder
§ Requirement of due process of law
§ No cruel and unusual punishment
Ex post facto law
§ Makes criminal an act done before passage of law which was not yet
punished when committed
Ex post facto law
§ Aggravates a crime than it was when committed
§ Authorizes conviction upon lesser quantum of evidence than that
required at time of commission
§ Deprives a person of some lawful protection to which he has
become entitled, such as against double jeopardy
Bill of Attainder – a law which inflicts punishment without trial
Principles in Interpretation of Penal Laws
§ In interpreting provisions of RPC, Spanish text is
controlling as this was the text approved by Legislature
§ In dubio pro reo, or “when in doubt, for the accused”
§ Doubts in interpreting penal provisions construed
against State and in favor of accused
To be considered penal law, it must be a legislative act, define a criminal
act and impose penalty for that act
Principles of in dubio pro reo and ex post facto law apply only
if what’s involved is penal law
On procedural laws and substantive laws defining jurisdiction,
above principles don’t apply
Characteristics of Criminal Law
§ General (persons governed)
§ Territorial (jurisdiction or place where applicable)
§ Prospective (when law applicable)
Generality Principle – penal laws are obligatory on all persons who
live or stay in Philippine territory
Exceptions
§ Principles of International Law
§ Laws of preferential application
Principles of International Law
Sovereigns, heads of state and diplomatic representatives of foreign
countries, such as ambassadors, are not subject to Philippine criminal
laws
Consular officers have immunity only for acts performed in the
exercise of function
Laws of Preferential Application
A person is not subject to penal law because of another law, which is
preferred in application
Example:
§ R.A. No. 75, exempting from arrest any ambassador or domestic
servant of such ambassador
§ P.D. No. 1083, exempting from criminal prosecution for bigamy
Muslims married in accordance with Muslim laws
Territoriality Principle – penal laws are enforced within Philippine
territory; only crimes committed in Philippine territory are subject to
penal laws
Art. 1 of the 1987 Constitution provides what comprise national territory
Territorial waters – waters within the 12-nautical mile distance
from the archipelagic baseline
Exceptions
Extraterritoriality principle – penal laws are enforced outside
Philippine territory in cases provided by law, such as Art. 2 of RPC
Prospectivity – penal laws are applicable only to crimes committed after
effectivity of law
Nullum crimen nulla poena sine lege – there is no crime where there is
no law punishing it
Art. 21 of RPC – no felony shall be punishable by any penalty not
prescribed by law prior to its commission
A penal law which has retroactive effect not favorable to accused
is ex post facto
Exceptions
§ Penal law is favorable to accused (unless habitual delinquent)
§ Penal law expressly provides for retroactive effect (but must not be ex post
facto)
Effects of Repeal of Penal Law
§ Absolute repeal – act is not a crime anymore, court loses jurisdiction to
punish person charged with violation
§ Partial repeal – repeal of law with reenactment of penal provision in the old
law, act is still a crime, but if favorable to accused, should be given
retroactive effect. If reenactment prejudicial to accused, application is
prospective
Theories in Criminal Law
Classical Theory – basis of criminal liability is human free will
Positivist Theory – crime is a social and natural phenomenon; man
is occasionally subdued by strange phenomenon constraining
him to do wrong
Eclectic – combines good features of classical and positivist theories
Crimes mala in se and mala prohibita
Mala in se – act is inherently wrong or evil; good faith or lack of
criminal intent is a defense
Mala prohibita – wrong only because act is prohibited by law; good
faith is not a defense
Art. 1 of RPC
The Revised Penal Code, Act. No. 3815, took effect on January 1, 1932
Art. 2 of RPC
Territoriality principle – The provisions of RPC shall be enforced within
Philippine archipelago, its atmosphere, interior waters and maritime zone
Exception: Extraterritoriality – “also outside its jurisdiction against those
who:”
§ Should commit an offense while on Philippine ship or airship
§ forge or counterfeit any Philippine coin or currency note, obligations
and securities issued by Philippine government
§ liable for acts connected with introduction into Philippines of
obligations and securities above-mentioned
§ being public officers, commit an offense in exercise of functions
§ commit crime against National Security and Law of Nations
(Title I, RPC)
