Chapter III.

Sociology of Law

1. Concept of Law and its Origin

2. Classification of Law
3. Types of Law
4. Types and Definitions of Crime
5. The Elements of Crime
6. Classifications of Crime
7. Crime and Criminal Law
8. Sources of Criminal Law
9. Characteristics of Criminal Law
10.History of Revised Penal Code
11.Two Theories of the Penal Code
12.Brief History of Philippine Criminal Law
13.Felony as a Crime
14.Legal Classification of Crimes or Felony As to the manner of
commission
15.Legal Classification of Crimes or Felony As to the stages in the
commission of crimes
16.Legal Classification of Crimes or Felony As to the plurality of crimes
17.Legal Classification of Crimes or Felony As to the gravity of penalty or
offense
18.Legal Classification of Crimes or Felony As to the basis of criminal act
19.Criminological Classification of Crimes As to the result of crimes
20.Criminological Classification of Crimes As to the time or period of
commission
21.Criminological Classification of Crimes As to the length of time of
commission
22.Criminological Classification of Crimes As to the place of location of the
commission
23.Criminological Classification of Crimes As to the use of mental faculties
24.Criminological Classification of Crimes As to the type of the offenders
25.Criminological Classification of Crimes As to the standard of living of
the criminals
26.General Classification of Criminals
SOCIOLOGY OF LAW
A division of criminology which attempt to offer scientific analysis of the conditions
under which penal or criminal laws develop as a process of formal social control. It
refers to both a sub-discipline of sociology and an approach within the field of legal
studies.
It is also a diverse field of study which examines the interaction of law with other aspects
of society: such as the effect of legal institutions, doctrines and practices on other social
phenomena and vice-versa.

A. Concept of Law and its Origin

Law, in its general sense (derecho), is defined as the science of moral laws based
on the rational nature of man, which governs his free activity for the realization of his
individual and social ends, and which by its very nature is demandable and reciprocal (1
Sanchez Roman 3). In its specific sense (ley), it is defined as a rule of conduct, just and
obligatory, promulgated by legitimate authority, and of common observance and benefit.
Historically, it was the Babylonians and the Hebrews, and later the Romans who first
recognized the concept of law and crime.

1. Code of Hammurabi– King Dungi of Sumer (an area that is part of present-day Iraq)
is credited with developing one of the first legal codes in about 2000 B.C. Its content is
known today because it was later adopted by Hammurabi (1792-1750 B.C.), the sixth
King of Babylon, in his famous set of written laws that is today known as the “Code of
Hammurabi.” Under this legal system, ‘punishment was based on physical retaliation or
lex talionis (“an eye for an eye”).

2. Mosaic Code of the Israelites (1200 B.C.) – According to tradition, God entered into
a covenant or contract with the tribes of Israel in which they agreed to obey his law as
presented to them by Moses, in return for God’s special care and protection.

3. (Roman law contained in the Twelve Tables 451 B.C.) – The Decemviri Consulari
Imperio Legibus Scribundis, a special commission of ten noble Roman men, formulated
the Twelve Tables in response to pressure from the lower classes, who were referred to
as plebeians. The plebeians believed that an unwritten code gave arbitrary and unlimited
power to the wealthy classes, known as patricians, who serve as magistrates. Later,
Emperor Justin of Rome appointed twelve experts to review the Law of the Twelve Tables.
In 529 A.D., Roman Emperor Justin put the Justinian Code into effect.
4. The Common Law – After the Norman conquests of England in 1066, a common law
developed that helped standardized law and justice. The common law was based on
judge decisions. Judges would decide cases, and future cases would be decided based
on those previous decisions. This system known as stare decisis (Latin for “to stand by
decided cases”), was used by the early courts to determine the outcome of criminal cases.
The present English system, which still relies on common law, has come to existence
during the reign of Henry II (1154-1189). However, common law is not applicable in the
Philippines. The Supreme Court once held, “xxx unless there be a particular provision in
the penal code or special law that defines and punishes the act, even if it be socially or
morally wrong, no criminal liability is incurred by its commission.”

Classification of Law:
Broadly, law can be divided into substantive law and civil law.
1. Substantive Law – substantive law has been defined as that part of the law
which creates, defines and regulates rights, or which regulates the rights and
duties which give rise to a cause of action.

1.1. Criminal law is that branch or division of law which defines crimes,
treats of their nature, and provides for their punishment. Under
Philippine laws and jurisprudence, the Revised Penal Code (Act no.
3815) is the source of penal laws as well as special laws enacted by
Congress. In Cabelic vs. Geronimo, it was held that “[t]he Revised Penal
Code is a substantive law xxx.”

1.2. Criminal law functions to control the behavior of people within a territory.
This mechanism of social control enforces also the norms and mores of
a culture. Another function of criminal law is to discourage individuals to
seek revenge against those who violated his or her rights. Instead, the
state stands to be the aggrieved party and represents the victim in
seeking justice. Finally, criminal law deters criminal behavior by reason
of its ability to punish and correct law violators.

2. Civil law is defined as the mass of precepts which determines and regulates
those relations of assistance, authority and obedience existing among
members of a family as well as among members of society for the protection of
private interests (1 Sanchez Roman 70).
Types of Law:
1. Natural law- are rooted in core values by many cultures. Natural laws protect against
harm to persons or property and form the basis of common law systems

2. Statutes (Statutory Law)- are enacted by legislatures and reflect current cultural
mores, albeit that some laws may be controversial, e.g laws that prohibit marijuana use
and gambling.
3. Divine Law- the law of God.
B. Types and definitions of crime
Crime, defined. – A crime or public offense is an act committed or omitted in violation of
a law forbidding or commanding it. Societies enacted laws to criminalize acts that are
viewed to be deviant or offensive to their moral sense. Conversely, the Latin maxim
nullum crimen nulla poena sine lege (There’s no crime if there’s no law punishing it)
holds true in the study of crimes. The term crime is generic for felony, offense, infraction
and delinquency. Technically, under the Philippine legal system, felony refers to an act
or omission punishable under Act No. 3815 or the Revised Penal Code (Jan. 1, 1932);
while offense pertains to an act or omission punishable by special law. Though, in actual
practice, the terms felony and offense are sometimes used interchangeably.

1. Crime mala inse; defined. – Mala inse crimes are those so

serious in their effects on society as to call for almost
unanimous condemnation of its members; xxx when the acts
are inherently immoral, they are mala inse, even if punished
by special law. Conversely, there are crimes in the Revised
Penal Code which were originally defined and punished by
special laws. Among them are xxx malversation, brigandage,
and libel.

2. On the other hand, mala prohibita are violations of mere

rules of convenience designed to secure a more orderly
regulations of the affairs of society. Further, mala prohibita
refers generally to acts made criminal by special laws.

Note: Act is an overt or external act.

Omission whreas is the failure to perform a duty required by law

The Elements of Crime

 Criminological concept posits that crime exists through the presence of:
1. Motive (M) – it refers to the moving power which impels one to act for a definite result.
Motive is different from Intent. Intent refers to the purpose of a particular means to affect
such result (Reyes, 2001).
Note: Motive is not an element of crime.
2. Opportunity (O) - refers to the chance or time given to the offender in committing a
crime.
3. Instrumentality or Capability (I/C) – Instrumentality refers to the use of materials or
other means in the commission of a crime while Capability refers to the physical
capability of a person to perpetrate a crime.
Classifications of Crime:
1. Blue-collar crime
In criminology, blue-collar crime is any crime committed by an
individual from a lower social class as opposed to white-collar crime which is
associated with crime committed by individuals of a higher social class.
2. Corporate crime
In criminology, corporate crime refers to crimes committed either by
a corporation (i.e., a business entity having a separate legal personality from the natural
persons that manage its activities), or by individuals that may be identified with a
corporation or other business entity.
3. Organized crime or criminal organizations
Are groups or operations run by criminals, most
commonly for the purpose of generating a monetary profit.
4. Political crime
In criminology, a political crime is one involving overt acts or omissions
(where there is a duty to act), which prejudice the interests of the state, its government or
the political system. At one extreme, crimes such as treason, sedition, and terrorism
are political because they represent a direct challenge to the government in power.
5. Public order crime
In criminology public order crime is defined by Siegel (2004) as
"...crime which involves acts that interfere with the operations of society and the ability of
people to function efficiently", i.e. it is behaviour that has been labelled criminal because
it is contrary to shared norms, social values, and customs.
6. State crime
In criminology, state crime is activity or failures to act that break the
state's own criminal law or public international law.
7. State-corporate crime
In criminology, the concept of state-corporate crime or incorporated
governance refers to crimes that result from the relationship between the policies of the
state and the policies and practices of commercial corporations.
8. White-collar crime
Within the field of criminology, white-collar crime has been defined
by Edwin Sutherland "...as a crime committed by a person of respectability and high social
status in the course of his occupation.
9. Victimless crime
Victimless crime is a behavior of an individual which is forbidden by law, but
which neither violates nor significantly threatens the rights of other individuals.
Victimless crime has the following applications:
• The victim is the accused.
• In common usage, victimless crime refers to behavior that is illegal but which is
claimed to not violate or threaten the rights of anyone and may be associated with
the implication that the behavior should therefore not be illegal.
• In criminology, victimless crime is now termed public order crime.
• In the law, case law has developed to discuss what used to be termed "victimless"
crime: It applies to adults, and specifically not to minors who have not yet reached
the age of consent, where age of consent is relevant.
Reasons why must members of society be interested in crimes
1. Crime is pervasive– Crime as an associate of society affects almost all people.
2. Crime is expensive– the government and private sector spend an enormous amount
of money for crime detection, prosecution, correction and prevention. Those expenses
are other:
a. Direct expenses– those spent by government or private sector for the maintenance
or the police and security guards for crime detection, prosecution and judiciary, support
of prison systems.
b. Indirect expenses– those expenses utilized to prevent the commission of crimes like
the construction of window grills, fences, gate, purchase of door locks safety vaults, hiring
of watchmen, feeding of watchdog, etc.
3. Crime is destructive– many lives and properties have been lost and destroyed.
4. Crime is reflective– crime rate or incidence in a given locality is reflective of the
effectiveness of the social defenses employed by the people primarily of the police
system.
5. Crime is progressive- increase in the volume of crime is on account of the over
increasing population.

Crime and Criminal Law

Crime- is an act committed or omitted in violation of public law forbidding or
commanding it.
Criminal Law- is that branch or division of law which defines crime, treats of their nature,
and provides for their punishment.

Sources of Criminal Law

a. The Revised Penal Code (Act. No. 3815) and its amendments.
b. Special Penal Laws
c. Penal Presidential Decrees

Characteristics of Criminal Law:

A. Generality - it provides that criminal law is binding on all persons who live or
sojourn in the Philippine territory
B. Territoriality - states that criminal laws undertake to punish crimes committed
within the Philippine territory with the exceptions provided within the Article 2 of the
revised penal code.
C. Prospectivity - the penal law cannot make an act punishable in a manner in which
it was not punishable when committed (ex post facto law). Thus, crimes are
punished under the laws in force at the time of their commission.

History of Revised Penal Code

The Revised Penal Code was a revision of the Old Penal Code through a committee
which was created by Administrative Order No. 94 of the Department of Justice, dated
October 18, 1927, composed of Anacleto Diaz, as chairman, and Quintin Paredes,
Guillermo Guevara, Alex Reyes and Mariano H.de Joya, as members.
It is commonly known as the Revised Penal Code it became effective since January
01, 1932. The Old Penal Code which was modified by the committee, took effect in the
Philippines on July 14, 1887, and was in force up to December 31, 1931.
Two Theories of the Penal Code:

Classical Viewpoint
1. The basis of criminal liability is human free will and the purpose of penalty is
retribution.
2. Man is essentially a moral creature with absolutely having a free will to choose
between good and evil, thereby placing more stress upon the effect or result of the
felonious act than upon the man, not the criminal himself.
3. Man should only be adjudged and held accountable from wrongful acts so long as
free will appears unimpaired.
4. It has endeavored to establish a mechanical and direct proportion between crime
and penalty.
Positivist Viewpoint

1. Offender as an abstract being, and of prefixing for him, through a

series of hard and fast rules, a great multitude of penalties with scant
regard to the human element.
2. The positivist holds that man is subdued occasionally by strange and
morbid phenomenons which constrain a man to do wrong in spite of
or contrary to his volition.
3. Crime is essentially a social and natural phenomenon and as such, it
cannot be treated and checked by the application of abstract
principles of law and jurisprudence nor by the imposition of a
punishment fixed and determined a priori but rather, through the
enforcement of individual measures in each particular case after a
thorough, personal and individual examination conducted by a
competent body of psychiatrists and social scientist.

Brief History of Philippine Criminal Law

Before the code of kalantiao was promulgated in 1433, the People of Pre-Spanish
Philippines had a customary and unwritten laws only. Some of the most striking laws
promulgated during this period were:
a. Due respects to elders and parents
 b. Strict obedience of children to their parents
c. Strict fulfillment of contract, and
d. Equality of husband and wife both socially and in the control of their property
With the promulgation of the Code of Kalantiao, the penal laws were made severe and
extensive. According to the code, the penalties for felonies and other misdemeanors
were:
a. death,
b. incineration,
c. mutilation of fingers,
d. slavery, flagellation,
e. being bitten by ants,
f. swimming under water for a time and other disciplinary penalties.
The code likewise provides severe punishment to men who were cruel to their wives,
husbands who maltreated innocent wives were sentence to death. Adultery, as well as
the contracting of marriage to very young girls was severely punished.

The following are some of the most significant attributes of the Kalantiao Code:

I. Ye shall not kill; neither shall ye steal; neither shall ye hurt the aged; lest ye incur
the danger of death. All those who infringe this order shall be condemned to death by
being drowned with stones in the river, or in boiling water.
II. Ye shall obey. Let all obey. Let your debts with headmen be met panctualy. He who
does not obey shall receive for the first time one hundred lashes.
V. He, who does not comply, shall be beaten for one hour, he who repeats the offense
shall be exposed for one day among ants.
VI. Slavery of doam (certain period of time) shall be suffered by those who steal away
women of the headmen; by him who keeps ill-tempered dogs that bite the headman; by
him who burns the fields of another.
VII.All those, shall be beaten for two days, who sing while traveling by night; kill the bird
mana-ol; tear the documents belonging to the headman……or mock the dead.
VIII.They shall be burned; those who by their strength, cunning have mocked at and
escaped punishment; or who kill young boys; or to steal away the women of the agorangs
(oldmen).
Felony as a Crime
Felony is an act and omission punishable by law specifically revised Penal Code. Felony
is committed not only by means of fault (culpa) but also by means of dolo (deceit). (Art.
3, RPC)

Note: All felonies are crimes but not all crimes are felonies because it could also be an
offense or misdemeanor.

Legal classification of crimes or felony

1. As to the manner of commission:
a. By means of dolo or deceit (Intentional felony) - If it is done with deliberate
intent.
Requisites:
a.Freedom
b.Intelligence
c. Intent
b. By means of culpa or fault (Culpable felony) - If the wrongful act resulted
from imprudence (deficiency of action) or negligence (deficiency of perception).
Requisites:
a.Freedom
b.Intelligence
c. Lack of skill or lack of foresight
Note: Imprudence involves lack of skill whereas Negligence involves lack of foresight.

2. As to the stages in the commission of crimes:

a. Attempted crime
• Offender commences the felony directly by overt acts.
• Does not perform all acts which would produce the felony.
• His acts are not stopped by his own spontaneous desistance
b. Frustrated crime
• Offender performs all the acts of execution.
 • All these acts would produce the felony as a consequence.
• But the felony is not produced.
• By reason of causes independent of the will of the perpetrator

c. Consummated crime - when all the elements necessary for its execution and
accomplishment are present.

3. As to the plurality of crimes:

a. Simple crime – a single act constitute only one offense.
b. Complex crime – when single act constitute two or more grave or less grave felonies
(Compound Crime) or when an offense is a necessary means for committing the other
(Complex Crime Proper).

4. As to the gravity of penalty or offense:

a. Grave felonies – If the law attaches Capital punishment and Afflictive penalties and
the fine exceeds P6,000.00.
b. Less grave felonies - Correctional penalties and if the fine not to exceed 6k and not
less than 200.
c. Light felonies - Arresto Menor (1 day to 30 days) and the fine is less than 200.
Note: This was amended by virtue of RA 10951 (Aug 31, 2017) Grave Felonies if it
exceeds One million two hundred thousand (₱1,200,000), LG Felonies if it does not
exceed One million two hundred thousand pesos (₱1,200,000) but is not less than Forty
thousand pesos (₱40,000) and Light Felonies if it be less than Forty thousand pesos
(₱40,000).

5. As to the basis of criminal act:

a. Crimes against national security and the law of nations.
b. Crimes against the fundamental laws of the state.
c. Crimes against public order.
d. Crimes against public interest.
e. Crimes relative to opium and other prohibited drugs.
f. Crimes against public morals.
g. Crimes committed by public officers.
h. Crimes against person.
i. Crimes against liberty and security.
j. Crimes against property.
k. Crimes against chastity.
l. Crimes against the civil status of persons.
m. Crime against honor.
n. Quasi-offenses

Criminological Classification of Crimes

1. As to the result of crimes:
a. Acquisitive crime– when the offender acquires something as a consequence of his
criminal acts.
b. Extinctive crime– when the end result of a criminal act is destructive.

2. As to the time or period of commission:

a. Seasonal crime– those committed only during a certain period of the year like violation
of tax law.
b. Situational Crime– those committed only when given the situation conducive to its
commission.

3. As to the length of time of commission:

a. Instant crime– those committed in a shortest possible time.
b. Episodic crime– those committed by a series of act in a lengthy space of time.

4. As to the place of location of the commission:

a. Static crimes- those committed in one place.
b. Continuing crime– those committed in several places.
5. As to the use of mental faculties:
a. Rational crime – if the crime is committed with intent and the offender is in full
possession of his sanity during the commission of crime.
b. Irrational crime – committed if the person does not know the nature and quality of hs
act due to mental disease.

6. As to the type of the offenders:

a. White collar crime – those committed by person of respectability and upper socio-
economic class in the course of their occupation activities.
b. Blue collar crime– those committed by ordinary professional criminal to maintain their
livelihood.

7. As to the standard of living of the criminals:

a. Crime of the upper world– falsification cases
b. Crime of the under world– bag snatching

When does Crime exist?

Legal viewpoint- person has been proven guilty.
Scientific view point- crime exists when it is reported.

Distinctions between Crime, Sin and Immorality:

Crime- is against the penal law of a state.
Sin- is against the spiritual or divine law.
Immorality- is against the unwritten social norms in locality.
Crime- is nationalistic
Immorality- is regionalistic

Overcriminalization- too many laws

Undercriminalization- not enough laws
Why must members of society be interested in crimes?
1. Crime is pervasive– Crime as an associate of society affects almost all people.
2. Crime is expensive– the government and private sector spend an enormous amount
of money for crime detection, prosecution, correction and prevention. Those expenses
are other:
a. Direct expenses– those spent by government or private sector for the maintenance
or the police and security guards for crime detection, prosecution and judiciary, support
of prison systems.
b. Indirect expenses– those expenses utilized to prevent the commission of crimes like
the construction of window grills, fences, gate, purchase of door locks safety vaults, hiring
of watchmen, feeding of watchdog, etc.
3. Crime is destructive– many lives and properties have been lost and destroyed.
4. Crime is reflective– crime rate or incidence in a given locality is reflective of the
effectiveness of the social defenses employed by the people primarily of the police
system.
5. Crime is progressive- increase in the volume of crime is on account of the over
increasing population.

Criminals
Legal sense- a person has been found guilty through final verdict.
Criminology sense- a person is considered criminal the moment he committed any anti-
social act.

Criminal vs. Delinquent

Criminal- a person who has violated the penal law and has been found guilty of the crime
charges upon observing of the standard judicial procedure.
Delinquent- a person who committed an act that is not in conformity with the norms of
society.

General Classification of Criminals

1. Criminals classified on the basis of etiology:
a. Acute criminal– person who violate criminal law because of the impulse of the
moment, fit of passion or anger or spell of extreme jealousy.
b. Chronic criminal– person who acted in consonance with deliberate thinking, such as:
b.1. Neurotic criminal– person whose action arise from intra-psychic conflict between
the social and anti-social components of his personality. Ex. Kleptomania
b.2. Normal criminal– person whose psychic organization resembles that of
normal individuals except that he identified himself with criminal prototype.
b.3. Criminality – caused by an organic pathological process.

2. Criminal classified on the basis of behavioral system:

a. Ordinary criminal– the lowest form of criminal career, they engage only on
conventional crimes which require limited skill and they lack organization to avoid arrest
and convictions.
b. Organized criminal- these criminal has a high degree of organization to enable them
to commit crimes without being detected and committed to specialized activities which
can be operated in large scale business such as racketeering, control of gambling,
prostitution and distribution of prohibited drugs.
c. Professional criminal– they are highly skilled and able to obtain considerable amount
of money without being detected because of organization and contract with other
professional criminals. These offenders are always able to escape conviction. They
specialize in the crime which requires skill games, pick-pocketing, shoplifting sneak
thievery counterfeiting and others.

3. Criminals classified on the basis of activities:

a. Professional criminal– those who earn their living through criminals activities.
b. Accidental criminal– those who commit criminal acts as a result of unanticipated
circumstances.
c. Habitual criminal– those who continue to commit criminal acts for such diverse reason
due to deficiency of intelligence and lack of self control
d. Situational criminal– those who are actually not criminals but constantly in trouble
with legal authorities because they commit robberies, larcenies, and embezzlement which
are intermixed with legitimate economic activities.

4. Criminal classified as a basis of mental attitudes:

a. Active aggressive criminal– those who commit crime in an impulsive manner usually
due to the aggressive behavior of the offender. Such attitude is clearly shown in crimes
of passion, revenge and resentments.
b. Passive inadequate criminal– those who commit crimes because they are pushed
to it by inducement, by reward or promise without considering its consequence. They
are called “ulukan”
c. Socialized delinquent– those who are normal in their behavior but merely defective
in their socialization processes. To this group belongs the educated respectable
member of society who may turn criminal on account of the situation they are involved.