This document provides an overview of criminal law in the Philippines. It defines key terms like crime, felony, and offense. It discusses the sources of criminal law in the country and characteristics like being general, territorial, and prospective. Exceptions to these characteristics are outlined. The document also covers common law crimes, nullum crimen nulla poena sine lege, and the theories of classical and positivist criminal law.
This document provides an overview of criminal law in the Philippines. It defines key terms like crime, felony, and offense. It discusses the sources of criminal law in the country and characteristics like being general, territorial, and prospective. Exceptions to these characteristics are outlined. The document also covers common law crimes, nullum crimen nulla poena sine lege, and the theories of classical and positivist criminal law.
This document provides an overview of criminal law in the Philippines. It defines key terms like crime, felony, and offense. It discusses the sources of criminal law in the country and characteristics like being general, territorial, and prospective. Exceptions to these characteristics are outlined. The document also covers common law crimes, nullum crimen nulla poena sine lege, and the theories of classical and positivist criminal law.
This document provides an overview of criminal law in the Philippines. It defines key terms like crime, felony, and offense. It discusses the sources of criminal law in the country and characteristics like being general, territorial, and prospective. Exceptions to these characteristics are outlined. The document also covers common law crimes, nullum crimen nulla poena sine lege, and the theories of classical and positivist criminal law.
BOOK ONE Atty. Frederick R. Eboña, MS-Crim CRIMINAL LAW, DEFINED
Criminal Law- that branch of public law which defines crimes
treats of their nature and provides for their punishment. CRIME, DEFINED
An act committed or omitted in violation of a public law
forbidding or commanding it. DISTINCTIONS FELONY – OFFENSE – INFRACTIONS punishable by punishable by – punishable by the Revised special penal city or municipal Penal Code laws ordinances DELICT and QUASI DELICT
• Delict – a misdemeanor, an offense, or simply CRIME.
• Quasi delict – the fault or negligence of a person causing damage to another, and there is no pre existing contractual relation between the parties (Article 2176 Civil Code). Also known as CULPA AQUILIANA. SOURCES OF CRIMINAL LAW
1. Codigo Penal De España (Spanish Penal Code)
2. Act 3815 known as the Revised Penal Code 3. Special Penal Laws passed by Congress 4. Presidential Decrees issued by President Marcos 5. Ordinances of Municipalities or Cities COMMON LAW CRIMES
• The body of principles, usages and rules of actions
which do not result from the express act of the legislature. There is no such crime in the Philippines. NULLUM CRIMEN NULLA POENA SINE LEGE • There is no crime if there is no law punishing it. CHARACTERISTICS OF CRIMINAL LAW • General- criminal law is binding on all persons who live or sojourn in the Philippines, regardless of age, sex or nationality. • Territorial- criminal laws are applicable only if the crime is committed within Philippine territory. • Prospective- criminal law cannot make an act punishable in a manner in which it was not punishable when committed. See Art 366. (The law looks forward and not backwards) EXCEPTIONS TO THE GENERAL CHARACTERISTICS 1. As provided by treaty stipulations- RP-US VFA Agreements 2. As provided by laws of preferential applications- RA 75 grants protection to diplomatic representatives, ambassador or other public ministers of foreign countries including their domestic servants authorized and received by the President. 3. Persons who are exempt because of certain principles of international laws: • Sovereigns and other heads of states • Ambassadors, minister plenipotentiaries, minister residents and charges d’ affaires. EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS (Art. 2, RPC) 1. When the offender shall commit an offense on a Philippine ship or airship. 2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Philippine government. 3. When the offender should be liable for the acts connected with the introduction into the Philippines of the obligations and securities mentioned in number two. 4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise of his functions. 5. When the offender should commit an offense against the national securities and the laws of nations. RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS
• English Rule- the crime is punishable in the
Philippines, unless the crime merely affects things within the vessel. • French Rule- the crime is not triable in the courts of that country (Philippines), unless their commission unless their commission has effects on the safety of the coastal state. PROSPECTIVE CHARACTERISTICS
• Also known as prospectivity
• Also known as irretrospectivity. • It means the law (as a general rule) does not have retroactive effect. EXCEPTION TO THE PROSPECTIVE CHARACTER: When the new law is favorable to the accused. (Art. 22) Example: Illegal Possession of Firearm under PD 1866 as amended by RA 10591
EXCEPTION TO THE EXCEPTION
• When the offender is a habitual criminal. (Art. 22) • When the new law expressly provides it has no application or retroactive effect to pending actions/cases. CONSTRUCTION OF PENAL LAWS
• Penal laws are strictly construed against the state and
liberally in favor of the accused • If there is a conflict between the Spanish text and the English text, the Spanish text prevails. IN DUBIO PRO REO When in doubt, rule for the accused. This is in consonance with the constitutional guarantee that the accused ought to be presumed innocent until and unless his guilt is established beyond reasonable doubt. Rule of Lenity - It is the doctrine that "a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment." HISTORY OF THE RPC • The Alleged Code of Calantiao of 1433 • The old Penal Code which took effect from July 18, 1887 until December 31, 1931. • Administrative Order 94 of the DOJ dated October 18, 1927 • Creation of Code Commision • Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes and Mariano De Joya • Revised Penal Code (ACT 3815) • RPC approved December 8, 1930 • RPC took effect January 1, 1932 THEORIES IN CRIMINAL LAW
• Classical (Juristic) Theory
• Positivist (Realistic) Theory CLASSICAL THEORY
• The basis of criminal liability is human free will and the
purpose of penalty is retribution. • Man is a moral creature with an absolute free will to choose between good and evil. • Here more stress is placed upon the result of the crime than the criminal. • There is scant regard for the human element POSITIVIST THEORY
• Man is subdued occasionally by a strange and
morbid phenomenon which constrain him to do wrong. • Crime is a social and natural phenomenon; • Crime cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. • The purpose of penalty is reformation of accused. • Offender is regarded as a sick person who needs treatment. LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS
• No Ex Post Facto Law shall be enacted.- Ex Post
Facto Law is a law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; it may also be defined as a law which aggravates a crime, or makes it greater than it was, when committed. • No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment without trial.