CRIMINAL LAW

Criminal law is that branch of public substantive law which defines crimes, treats
of their nature, and provides for their punishment.

NULLUM CRIMEN, NULLA POENA SINE LEGE

In the Philippines, we follow the legal maxim of NULLUM CRIMEN, NULLA
POENA SINE LEGE which means “there is no crime if there is no penal law
punishing it”. Therefore, in order for an act or omission to be punished, there must
be a law that forbids it and that law at the same time must provide for a penalty
violating it. ARTICLE 21. Penalties that May Be Imposed. — No felony shall be
punishable by any penalty not prescribed by law prior to its commission.

The sources of criminal law in the Philippines are:

1) The Revised Penal Code (RA 3815) and its amendments;
2) Republic Acts;
3) Presidential Decrees
4) other Special Penal laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Congress of the
Philippines, and the Batasang Pambansa.

THEORIES IN CRIMINAL LAW

(1) Utilitarian Theory Primary purpose: Protection of society from actual or
potential wrongdoers.
(2) Classical Theory Primary purpose: Retribution. Basis of criminal liability:
Human free will. Endeavored to establish a mechanical and direct proportion
between crime and penalty; there is scant regard to human element.
(3) Positivist Theory Primary purpose: Reformation; prevention/ correction. Basis
of criminal liability: The sum of the social, natural and economic phenomena to
which the actor is exposed.
(4) Eclectic/Mixed Combines both positivist and classical thinking. Crimes that are
economic and social by nature should be dealt with in a positivist manner; thus, the
law is more compassionate. Heinous crimes should be dealt with in a classical
manner; thus, capital punishment.

Note: The Revised Penal Code today follows the mixed or eclectic philosophy.
For example:  Intoxication of the offender is considered to mitigate his criminal
liability, unless it is intentional or habitual;  Age of the offender is considered; 
A woman who killed her child to conceal her dishonor has in her favor a mitigating
circumstance.

CONSTRUCTION OF PENAL LAW

Strict Construction of Penal Laws Against State:
The ―Doctrine of Pro Reo‖ Pro reo doctrine: Whenever a penal law is to be
construed or applied and the law admits of two interpretations - one lenient to the
offender and one strict to the offender, that interpretation which is lenient or
favorable to the offender will be adopted. Basis: The fundamental rule that all
doubts shall be construed in favor of the accused and presumption of innocence of
the accused. Art. III, Sec. 14(2), 1987 Const. In all criminal prosecutions, the
accused shall be presumed innocent until the contrary is proved. Note: This is
peculiar only to criminal law.
EQUIPOISE RULE: When the evidence of the prosecution and the defense are
equally balanced, the scale should be tilted in favor of the accused in obedience to
the constitutional presumption of innocence.

APPLICATION OF RPC
ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect on the
first day of January, nineteen hundred and thirty-two.
ARTICLE 2. Application of Its Provisions. — Except as provided in the treaties
and laws of preferential application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions;
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.
i. FRENCH RULE: It is the flag or nationality of the vessel which
determines jurisdiction UNLESS the crime violates the peace and order of the host
country.
ii. ENGLISH RULE: the location or situs of the crime determines
jurisdiction UNLESS the crime merely relates to internal management of the
vessel.
The Philippines adheres to the ENGLISH RULE.

MALA IN SE and MALA PROHIBITA

Etymologically, Mala in Se are acts or omissions which are wrong or evil in
its very nature. On the other hand, Mala Prohibita are acts or omissions that are not
wrong or evil in essence, but they are wrong or evil because they are prohibited.
From a legal point of view, and as far as Philippine Criminal Law is
concerned, all crimes punished under the Revised Penal Code, and any
amendments thereto through Special Penal Laws, are considered Mala in Se. As
such, they are called Felonies. Examples of them are Adultery, Concubinage, and
Prohibited Drugs.
Crimes punished by Special Penal Laws, standing alone, are considered as
Mala Prohibita. An example of such is Illegal Possession of Firearms. As such,
they are called Offenses. However, not all Special Penal Laws are considered Mala
Prohibita. There are certain Special Penal Laws that punishes offenses that are
considered Mala in Se (i.e. Terrorism, Genocide, Torture). The importance of the
above distinction is for judges to be able to determine if the element of intent is
necessary to convict the accused. Consequently, it is also important to determine if
good faith is a proper defense for the accused. Otherwise stated: “Generally, mala
in se felonies are defined and penalized in the Revised Penal Code. When the acts
complained of are inherently immoral, they are deemed mala in se, even if they are
punished by a special law.
Accordingly, criminal intent must be clearly established with the other
elements of the crime; otherwise, no crime is committed. On the other hand, in
crimes that are mala prohibita, the criminal acts are not inherently immoral but
become punishable only because the law says they are forbidden. With these
crimes, the sole issue is whether the law has been violated. Criminal intent is not
necessary where the acts are prohibited for reasons of public policy.” – Garcia vs.
CA and People; GR 157171; March 14, 2006.

CHARACTERISTICS OF CRIMINAL LAW

CRIMINAL LAW - that branch or division of law which defines crimes,
treats of their nature and provides for their punishment.
1. GENERAL - it is binding on all persons who live or sojourn in the
Philippine territory (Art. 14, NCC) EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International Law.
The following persons are exempted: a. Sovereigns and other chief of state
b. Ambassadors, ministers, plenipotentiary, minister resident and charges
d’affaires.  Consuls, vice-consuls and other commercial representatives of
foreign nation cannot claim the privileges and immunities accorded to ambassadors
and ministers.
2. TERRITORIAL – penal laws of the Philippines are enforceable only
within its territory.
 EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine
territory.
1) Offense committed while on a Philippine ship or airship
2) Forging or counterfeiting any coin or currency note of the Philippines or
obligations and securities issued by the Government.
3) Introduction into the country of the above-mentioned obligations and
securities.
4) While being public officers or employees should commit an offense in the
exercise of their functions.
5) Should commit any of the crimes against national security and the law of
nations defined in Title One of Book Two.

EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or

without Philippine territory if so provided in treaties and laws of preferential
application. (Art.2, RPC)

GENERAL RULE: Penal laws cannot make an act punishable in a manner in

which it was not punishable when committed.
EXCEPTION: (it may be applied retroactively) When the new law is favorable to
the accused.
EXCEPTION TO THE EXCEPTION
a) The new law is expressly made inapplicable to pending actions or existing
causes of actions.
b) Offender is a habitual criminal.

EFFECTS OF REAPEAL
Effect of repeal of penal law to liability of offender
Total or absolute, or partial or relative repeal. — As to the effect of repeal of
penal law to the liability of offender, qualify your answer by saying whether the
repeal is absolute or total or whether the repeal is partial or relative only.
A repeal is absolute or total when the crime punished under the repealed law has
been decriminalized by the repeal.  Because of the repeal, the act or omission
which used to be a crime is no longer a crime. An example is Republic Act No.
7363, which decriminalized subversion.
A repeal is partial or relative when the crime punished under the repealed law
continues to be a crime inspite of the repeal.  This means that the repeal merely
modified the conditions affecting the crime under the repealed law.  The
modification may be prejudicial or beneficial to the offender.  Hence, the
following rule:
Consequences if repeal of penal law is total or absolute
(1)           If a case is pending in court involving the violation of the repealed
law, the same shall be dismissed, even though the accused may be a habitual
delinquent.
(2)           If a case is already decided and the accused is already serving sentence
by final judgment, if the convict is not a habitual delinquent, then he will be
entitled to a release unless there is a reservation clause in the penal law that it will
not apply to those serving sentence at the time of the repeal.  But if there is no
reservation, those who are not habitual delinquents even if they are already
serving their sentence will receive the benefit of the repealing law.  They are
entitled to release.
If they are not discharged from confinement, a petition for habeas corpus should
be filed to test the legality of their continued confinement in jail.
If the convict, on the other hand, is a habitual delinquent, he will continue serving
the sentence in spite of the fact that the law under which he was convicted has
already been absolutely repealed.  This is so because penal laws should be given
retroactive application to favor only those who are not habitual delinquents. 
Consequences if repeal of penal law is partial or relative
(1)           If a case is pending in court involving the violation of the repealed law,
and the repealing law is more favorable to the accused, it shall be the one applied
to him.  So whether he is a habitual delinquent or not, if the case is still pending in
court, the repealing law will be the one to apply unless there is a saving clause in
the repealing law that it shall not apply to pending causes of action.
(2)           If a case is already decided and the accused is already serving sentence
by final judgment, even if the repealing law is partial or relative, the crime still
remains to be a crime.  Those who are not habitual delinquents will benefit on the
effect of that repeal, so that if the repeal is more lenient to them, it will be the
repealing law that will henceforth apply to them.
Under Article 22, even if the offender is already convicted and serving sentence, a
law which is beneficial shall be applied to him unless he is a habitual delinquent in
accordance with Rule 5 of Article 62.
Consequences if repeal of penal law is express or implied
(1)           If a penal law is impliedly repealed, the subsequent repeal of the
repealing law will revive the original law.  So the act or omission which was
punished as a crime under the original law will be revived and the same shall
again be crimes although during the implied repeal they may not be
punishable.                 
(2)           If the repeal is express, the repeal of the repealing law will not revive
the first law, so the act or omission will no longer be penalized.
These effects of repeal do not apply to self-repealing laws or those which have
automatic termination.   An example is the Rent Control Law which is revived by
Congress every two years.

CONSTITUTIONAL LIMITATIONS ON POWER OF CONGRESS TO

ENACT PENAL LAWS
1. Equal protection Article III, Section 1, 1987 Const.
No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.
2. Due process Art. III, Sec. 14 (1), 1987 Const.
No person shall be held to answer for a criminal offense without due process of
law.
 3. Non-imposition of cruel and unusual punishment or excessive fines
Art III, Sec. 19, 1987 Const.
Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua. a. Act Prohibiting the
Imposition of Death Penalty in the Philippines (R.A. 9346) Republic Act 9346 An
Act Prohibiting the Imposition of the Death Penalty. Repealed the law imposing
lethal injection (R.A. 8177) and the law imposing the death penalty (R.A. 7659)
(Sec. 1). This Act also imposes the punishment of reclusion perpetua for offenses
under any act using the nomenclature of the RPC (Sec. 2 (a)) and the punishment
of life imprisonment for offenses under any act which does not use the
nomenclature of the RPC (Sec. 2(b))
4. Bill of attainder Art III, Sec. 22, 1987 Const.
No ex post facto law or bill of attainder shall be enacted. Bill of attainder - a
legislative act that inflicts punishment without trial, its essence being the
substitution of legislative fiat for a judicial determination of guilt.
5. Ex post facto law Art III, Sec. 22, 1987 Const.
No ex post facto law or bill of attainder shall be enacted. Ex post facto law is one
which:
(1) Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
(2) Aggravates a crime, or makes 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 rules 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; and
(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. (Reyes, The Revised Penal Code citing In re: Kay
Villegas Kami, Inc.)
Other constitutional limitations
 Must not provide imprisonment for non-payment of debts or poll tax. [1987
Const. Art. III, Sec. 19 (1)]
 Must not restrict other constitutional freedoms, e.g. due process, religion, free
speech, and assembly.
Basic Maxims in Criminal Law
a. Actus Non Facit Reum, Nisi Mens Sit Rea ―The act cannot be criminal where
the mind is not criminal.‖ U.S. vs. Catolico (18 Phil. 504, 508)
b. Actus Me Invito Factus Non Est Meus Actus ―An act done by me against my
will is not my act.
c. El Que Es Causa De La Causa Es Causa Del Mal Causado ―He who is the
cause of the cause is the cause of the evil caused.
This is the rationale in par. 1 of Art. 4 which enunciates the doctrine of proximate
cause.
He who commits an intentional felony is responsible for all the consequences
which may naturally and logically result therefrom, whether foreseen or intended
or not.