PENAL LAWS - Acts of The Legislature Prohibiting

PENAL LAWS acts of the legislature prohibiting e.
Should commit any of the crimes

certain acts or omissions and establishing penalties against national security and the
for their violations. law of nations (piracy, provoking
war, disloyalty in case of war,
CRIMINAL LAW a branch of municipal law which qualified piracy, and mutiny)
defines crimes, treats of their nature, and provides
for their punishment 3. Prospectivity
Penal laws shall have only prospective
Constitutional Limitations on the enactment of application except if it is favorable to the
penal laws (EDNBE) accused.
1. Equal protection clause the law must
treat equally persons or properties similarly Bases:
situated with respect to the conferment of Art. 21, RPC. No felony shall be
rights or imposition of obligations punishable by any penalty not prescribed
2. Due process clause means basic by law prior to its commission
fairness and adequate justice; an
embodiment of the sporting idea of fair Art. 22, RPC Penal laws shall have a
play; it requires that the law, in depriving a retroactive effect insofar as they favor the
person his life, liberty, or property must be person guilty of a felony, who is NOT a
fair and reasonable and that a person habitual criminal.
whose life, liberty, or property is at stake of
being deprived must be given the Art. 4, CC
opportunity to be heard and afforded all
rights to which he is entitled Sec. 22, Art. III, Philippine Constitution
3. Non-imposition of cruel and unusual
penalty or excessive fines
4. Bill of attainder a legislative act which Territoriality Principle
inflicts punishment without a judicial trial 1. Embassy
5. Ex post facto law - a law which Rule: A person who commits a crime
retroactively affects that right or condition within the premises of an embassy will
of an accused who committed a crime prior be prosecuted under the law of the
to its effectivity Philippines.
Characteristics of Penal Law Limitation: Principle of Inviolability of

1. Generality Diplomatic Premises
Basis: Art. 14, CC. Penal laws as well as A warrant of arrest cannot be served
those of public security and safety shall be inside the embassy without the waiver
obligatory upon those who live or sojourn of the foreign government of its right
in the Philippine territory, whether a citizen under the principle of inviolability.
or not.
2. Territorial waters
2. Territoriality Rules regarding crimes committed
Basis: Art. 2, RPC. Except as provided in aboard a foreign merchant vessel
the treaties and laws of preferential (FMV)
application, the provisions of this Code
shall be enforced not only within the French Rule (flag state)
Philippine Archipelago, including its Crimes committed aboard a FMV
atmosphere, its interior waters and within the territorial water o the PH are
maritime zone, but also outside of its subject to the jurisdiction of the flag
jurisdiction, against those who: state unless their commission affects
a. Should commit an offense while the peace and security of the
on a Philippine ship or airship; Philippines
b. Should forge or counterfeit any
coin or currency note of the English Rule (coastal state)
Philippines or obligations and Crimes committed aboard a FMV
securities issued by the within the territorial water of the PH
Government of the Philippines; are subject the the jurisdiction of the
c. Should be liable for acts PH unless their commission does not
connected with the introduction affect the peace and security of our
into these islands of the country, or has no pernicious effect
obligations and securities therein
mentioned in the preceding
number; NOTE: Under the old rule, the English
d. While being public officers or rule is adopted by the Philippines.
employees, should commit an However, since the Philippines is a
offense in the exercise of their signatory to the UNCLOS, the former
functions; or now considers the determination of
jurisdiction over crimes committed on the classical and the positivist theories.
board a FMV applying the pertinent
provisions of the UNCLOS. Utilitarian or protective the primary function of
punishment is to protect society from potential
3. Extra-territoriality Principle and actual wrongdoers. The retributive aspect of
The PH has jurisdiction over crimes penal laws should be directed against them. The
committed outside its territory as law should not be applied to further materialism
provided in Art. 2, RPC pars. 1 to 5. and opportunism. (Magno v. CA, GRN 96132, 26
Jun 1992)
Prospectivity
Criminal law merely punishes crimes committed on Construction of Penal Laws
or after its effectivity. This rule also applies to
administrative rulings and circulars, and to judicial In dubio, pro reo means when in doubt, for the
decisions. accused. This is consistent with the presumption of
innocence.
Lex prospicit, non respicit. The law looks forward,
not backward. The rationale against retroactivity is This rule applies when the court is faced with two
that a law usually divests rights which may have possible interpretations of a penal statue one that
already become vested or impairs the obligations of is prejudicial to the accused and another that is
contract, hence, unconstitutional. favorable to him. The rule calls for the adoption for
an interpretation which is more lenient to the
Doctrine of Operative Fact prior to the statutes accused.
nullification it must have been in force and had to be
complied with Equipoise Rule when the evidence of the
prosecution and the defense are equally balanced,
Retroactivity, when applied. the scale should be tilted in favor of the accused
1. When the law is favorable to the accused because of the presumption of innocence. (Urua v.
who is not a habitual delinquent CA, GRN 112170, 10 Apr 1996)
2. If the law decriminalizes an act
3. If the law expressly provides retroactivity Spanish Text the Spanish version of the RPC
should prevail over the English for the RPC was
originally approved and enacted in Spanish.
Theories in Criminal Law
Classical Positivist
Basis Human free will Sum total of the Proof beyond reasonable doubt
social and
economic Where the State fails to meet the quantum of proof
phenomena to (proof beyond reasonable doubt) required to
which the overcome that presumption, the accused is entitled
offense is to acquittal, as a matter of right regardless of the
expressed; weakness or even the absence of his defense. For
any conviction must rest on the strength of the
Man is prosecutions case and not on the weakness of the
inherently good defense. (Cosep v. People, GRN 110353, 21 May
but because of 1998). When moral certainty as to culpability hangs
his environment in the balance, acquittal on reasonable doubt
and upbringing, inevitably becomes a matter of right. (Mallillin v.
he becomes People, GRN 172853, 30 Apr 2008)
socially sick
Purpose Retribution Corrective or
of the curative to Classifications of Crimes
penalty reform the As to commission:
offender 1. Dolo
(Correctional 2. Culpa
institutions)
Imposabl Predetermined Individual basis As to stage of execution
e penalty for every crime after 1. Attempted
the gravity of considering his 2. Frustrated
which is directly circumstances 3. Consummated
proportionate to Formal
the crime Material
committed. No frustrated stage
Emphasis On the offense On the actor
As to gravity
Additional: 1. Grave felonies
Eclectic combines the good features of both 2. Less grave felonies
3. Light felonies The fundamental philosophy highlighting the finality
of an acquittal by the trial court cuts deep into "the
As to count humanity of the laws and in a jealous watchfulness
1. Composite over the rights of the citizen, when brought in
2. Compound unequal contest with the State. The State with all its
3. Complex resources and power should not be allowed to
4. Continued make repeated attempts to convict an individual for
an alleged offense, thereby subjecting him to
As to nature embarrassment, expense and ordeal and
1. Mala in se compelling him to live in a continuing state of
2. Mala prohibitum anxiety and insecurity, as well as enhancing the
possibility that even though innocent, he may be
found guilty. (People v. Velasco, GRN 127444, 12
Mala in se v. Mala Prohibita Sep 2000)
Mala in se Mala prohibita

Inherently wrong or Not inherently wrong
immoral
Good faith or lack of Good faith is not a
criminal intent is a defense
defense
Modifying Modifying
circumstances may be circumstances cannot
appreciated be appreciated unless
the special law adopts
the RPC nomenclature
Punishable by the Punishable by special
RPC penal laws
Involves moral Does not include moral
turpitude turpitude
Repeal of a Penal Law, Effects

1. Absolute/Total/Express Repeal
a. It deprives courts of jurisdiction to
punish persons charged with a
violation of the old penal law prior to
its repeal. (Exceptions: saving clause
in the new law, re-enactment of a
former penal law)
b. The act or omission is decriminalized
c. Pending case dismissed whether
the accused is habitual delinquent or
not
d. Offender was convicted and/or serving
sentence released if he is not a
habitual delinquent or the law provides
that detention is to continue
2. Partial/Relative/Implied Repeal
a. It does not deprive the courts of
jurisdiction to punish persons charged
with a violation of the old penal law
prior to its repeal.
b. It does not decriminalize an act but
merely provides new rules.
c. First law will govern if the accused is a
habitual delinquent or when the
favorable second law prohibits
retroactivity.
d. The second law will govern if
favorable to the accused who is not a
habitual delinquent or the law is silent
as to its retroactivity.
Finality of Aquittal Rule

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PENAL LAWS - Acts of The Legislature Prohibiting

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PENAL LAWS acts of the legislature prohibiting e.

Should commit any of the crimes

Characteristics of Penal Law Limitation: Principle of Inviolability of

Mala in se Mala prohibita

Repeal of a Penal Law, Effects

Finality of Aquittal Rule

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