INTRODUCTION TO CRIMINAL LAW

Criminal Law, defined

Criminal law is that branch or division of municipal law which defines crimes, treats of
their nature, and provides for their punishment.
Legal Basis of Punishment
The power to punish violators of criminal law comes within the police power of the
State. It is the injury inflicted to the public which a criminal action seeks to redress, and
not the injury to the individual.
Power to Enact Penal Laws
Only the legislative branch of the government can enact penal laws. While the President
may define and punish an act as a crime, such exercise of power is not executive but
legislative as he derives such power from the lawmaking body. It is in essence, an
exercise of legislative power by the Chief Executive.
Limitations on the power of Congress to enact penal laws
1. must be general in application.
2. must not partake of the nature of an ex post facto law.
Ex-post facto law is one which either:
a) Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act;
b) Aggravates a crime, or makes it greater than it was, when committed;
c) Changes the punishment and inflicts a greater punishment than the law annexed
to the crime when committed;
d) Alters the rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
e) Assuming to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful;
f) Deprives a person accused of a crime of some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
3. must not partake of the nature of a bill of attainder.
A bill of attainder is a legislative act which inflicts punishment without trial.
4. must not impose cruel and unusual punishment or excessive fines.

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Characteristics of Criminal Law
1. Generality – Criminal law is binding on all persons who live or sojourn in Philippine
territory.
Exceptions to the general application of criminal law
There are cases where our Criminal Law does not apply even if the crime is committed
by a person residing or sojourning in the Philippines.
1. principles of public international law
Persons exempt from the operation of our criminal laws by virtue of the principles of
public international law are the following:
a) Sovereigns and other chiefs of state.
b) Ambassadors, ministers plenipotentiary, ministers resident and charges d’
affaires
NOTE: A consul is not entitled to the privileges and immunities of an ambassador or
minister.
2. treaties or treaty stipulations
Example: RP-US Visiting Forces Agreement. Under this agreement, the Philippines
consents that the US have the right to exercise jurisdiction over the following offenses:
(a) any offenses committed by any person within any base, except where the offender
and the offended party are both Filipino citizens (not members of the armed forces of
the US on active duty) or the offense is against the security of the Philippines;
(b) any offense committed outside the bases by any member of the armed forces of the
US in which the offended party is also a member of the armed forces of the US; and
(c) any offense committed outside the bases by any member of the armed forces of the
US, against the security of the US.
3. laws of preferential application
Example: RA 75 grants protection to diplomatic representatives, ambassadors, or other
public ministers of foreign countries including their domestic servants authorized and
received by the President.
2. Territoriality - Criminal laws undertake to punish crimes committed within the
Philippine territory.
The principle of territoriality means that as a rule, penal laws of the Philippines are
enforceable only within its territory.

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Extent of Philippine territory for purposes of criminal law
Article 2 of the Revised Penal Code provides that the provisions of said code shall be
enforced within the Philippine Archipelago, including its atmosphere, its interior waters
and maritime zone.

ARTICLE 1 OF THE 1987 CONSTITUTION

The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.

Exceptions to the territorial application of criminal law

Article 2 of the Revised Penal Code provides that its provisions shall be enforced
outside of the jurisdiction of the Philippines against those who:

1. Should commit an offense while on a Philippine ship or airship.

Requisites:

1. it must be registered in the Philippine Bureau of Customs.

2. it must be committed in the high seas or the airship must be in an

international airspace.

A Philippine vessel, although beyond three miles from the seashore, is considered part
of the national territory.

Thus, any person who committed a crime on board a Philippine ship or airship while the
same is outside of the Philippine territory can be tried before our civil courts for
violation of the Penal Code.

But when the Philippine vessel or aircraft is in the territory of a foreign country, the
crime committed on said vessel or aircraft is subject to the laws of that foreign country.

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;

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 3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the

exercise of their functions; or

What are the crimes that may be committed in the exercise of public functions?

a) Direct bribery

b) Indirect bribery

c) Malversation of public funds or property

d) Failure of accountable officer to render accounts

e) Illegal use of public funds or property

f) Failure to make delivery of public funds or property

g) Falsification by a public officer or employee committed with abuse of his official

position.

Thus, when any of these felonies is committed abroad by any of our public officers or
employees which in the exercise of his functions, he can be prosecuted here.

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.

The crimes against the national security and the law of nations are:
a) Treason
b) Conspiracy and proposal to commit treason
c) Espionage
d) Inciting to war and giving motives for reprisals
e) Violation of neutrality
f) Correspondence with hostile country
g) Flight to enemy’s country
h) Piracy
i) Mutiny on the high seas.

NOTE: The territory of the country is not limited to the land where its sovereignty
resides but includes also its maritime and interior waters as well as its atmosphere.

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3. Prospectivity - A penal law cannot make an act punishable in a manner in which it
was not punishable when committed. This is also called irretrospectivity. As provided in
Article 366 of the Revised Penal Code, crimes are punished under the laws in force at
the time of their commission.
Exceptions to the prospective application of criminal laws.
Whenever a new statute dealing with crime establishes conditions more lenient
or favorable to the accused, it can be given a retroactive effect.
But this exception has no application:
1. where the new law is expressly made inapplicable to pending actions or
existing causes of action.
2. where the offender is a habitual criminal.

THEORIES OF CRIMINAL LAW

1. Classical or juristic philosophy
Characteristics of the classical theory
1. The basis of criminal liability is human free will and the purpose of the penalty is
retribution.
2. That man is essentially a moral creature with an absolutely 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, the criminal himself.
3. It is endeavored to establish a mechanical and direct proportion between crime and
penalty.
2. Positivist or realistic philosophy
Characteristics of positivist theory
1. that man is subdued occasionally by a strange and morbid phenomenon which
constrains him to do wrong, in spite of or contrary to his own volition.
2. that crime is essentially a social and natural phenomenon.
3. The purpose of penalty is reformation. There is great respect for the human element
because the offender is regarded as socially sick who needs treatment, not punishment.
Crimes are regarded as social phenomena which constrain a person to do wrong
although not of his own volition.
3. Mixed or eclectic theory

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This combines both positivist and classical thinking. Crimes that are economic and social
and natural should be dealt with in a positivist manner. Thus, the law is more
compassionate.
Since the Revised Penal Code was adopted from the Spanish Codigo Penal, which in
turn was copied from the French Code of 1810 which is classical in character, it is said
that our Code is also classical. This is no longer true because with the American
occupation of the Philippines, many provisions of common law have been engrafted into
our penal laws. 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; the age of the offender is considered; and the
woman who killed her child to conceal her dishonor has in her favor a mitigating
circumstance.
SOURCES OF CRIMINAL LAW
1. The Revised Penal Code (Act No. 3815) and its Amendments
2. Special Penal Laws
3. Penal Presidential Decrees during the Martial Law
NOTES:
1. Court decisions are not sources of criminal law.
2. No common law crimes in the Philippines.
Common law refers to the body of principles, usages and rules of action, which do not
rest for their authority upon any express and positive declaration of the will of the
legislature.

BASIC MAXIMS IN CRIMINAL LAW

DOCTRINE OF PRO REO
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.
This is in consonance with the fundamental rule that all doubts shall be construed in
favor of the accused and consistent with presumption of innocence of the accused. This
is peculiar only to criminal law.
NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime when there is no law punishing the same.

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ACTUS NON FACIT REUM, NISI MENS SIT REA
The act cannot be criminal where the mind is not criminal.
This is true to a felony characterized by dolo, but not a felony resulting from culpa. This
maxim is not an absolute one because it is not applied to culpable felonies, or those
that result from negligence.
UTILITARIAN THEORY OR PROTECTIVE THEORY
The primary purpose of the punishment under criminal law is the protection of society
from actual and potential wrongdoers.
The courts, therefore, in exacting retribution for the wronged society, should direct the
punishment to potential or actual wrongdoers, since criminal law is directed against acts
and omissions which the society does not approve. Consistent with this theory, the
mala prohibita principle which punishes an offense regardless of malice or criminal
intent, should not be utilized to apply the full harshness of the special law.

MALA IN SE AND MALA PROHIBITA

Violations of the Revised Penal Code are referred to as malum in se, which literally
means, that the act is inherently evil or bad or per se wrongful. On the other hand,
violations of special laws are generally referred to as malum prohibitum.
Note, however, that not all violations of special laws are mala prohibita. While
intentional felonies are always mala in se, it does not follow that prohibited acts done in
violation of special laws are always mala prohibita. Even if the crime is punished under
a special law, if the act punished is one which is inherently wrong, the same is malum
in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless
it is the product of criminal negligence or culpa.
Likewise when the special laws requires that the punished act be committed knowingly
and willfully, criminal intent is required to be proved before criminal liability may arise.
When the act penalized is not inherently wrong, it is wrong only because a law punishes
the same.
Distinction between crimes punished under the Revised Penal Code and
crimes punished under special laws
1. As to moral trait of the offender
In crimes punished under the Revised Penal Code, the moral trait of the offender is
considered. This is why liability would only arise when there is dolo or culpa in the
commission of the punishable act.

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In crimes punished under special laws, the moral trait of the offender is not considered;
it is enough that the prohibited act was voluntarily done.
2. As to use of good faith as defense
In crimes punished under the Revised Penal Code, good faith or lack of criminal intent
is a valid defense; unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3. As to degree of accomplishment of the crime
In crimes punished under the Revised Penal Code, the degree of accomplishment of the
crime is taken into account in punishing the offender; thus, there are attempted,
frustrated, and consummated stages in the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime only when it is
consummated; there are no attempted or frustrated stages, unless the special law
expressly penalize the mere attempt or frustration of the crime.
4. As to mitigating and aggravating circumstances
In crimes punished under the Revised Penal Code, mitigating and aggravating
circumstances are taken into account in imposing the penalty since the moral trait of
the offender is considered.
In crimes punished under special laws, mitigating and aggravating circumstances are
not taken into account in imposing the penalty.
5. As to degree of participation
In crimes punished under the Revised Penal Code, when there is more than one
offender, the degree of participation of each in the commission of the crime is taken
into account in imposing the penalty; thus, offenders are classified as principal,
accomplice and accessory.
In crimes punished under special laws, the degree of participation of the offenders is
not considered. All who perpetrated the prohibited act are penalized to the same
extent. There is no principal or accomplice or accessory to consider.
Test to determine if violation of special law is malum prohibitum or malum in
se
Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as
such? If you remove the law, will the act still be wrong?
If the wording of the law punishing the crime uses the word “willfully”, then malice
must be proven. Where malice is a factor, good faith is a defense.

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In violation of special law, the act constituting the crime is a prohibited act. Therefore,
culpa is not abasis of liability, unless the special law punishes an omission.
When given a problem, take note if the crime is a violation of the Revised Penal Code or
a special law.

FELONY, OFFENSE, MISDEMEANOR AND CRIME

Felony
A crime under the Revised Penal Code is referred to as a felony. Do not use this term
in reference to a violation of special law.
Offense
A crime punished under a special law is called as statutory offense.
Infraction
A violation of an ordinance is referred to as infraction.
Crime
Whether the wrongdoing is punished under the Revised Penal Code or under a special
law, the generic word crime can be used.

SCOPE OF APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE

The provision in Article 2 embraces two scopes of applications:
(1) Intraterritorial – refers to the application of the Revised Penal Code within the
Philippine territory;
(2) Extraterritorial – refers to the application of the Revised Penal Code outside the
Philippine territory.
Intraterritorial application
In the intraterritorial application of the Revised Penal Code, Article 2 makes it clear that
it does not refer only to Philippine archipelago but it also includes the atmosphere,
interior waters and maritime zone. So whenever you use the word territory, do not limit
this to land area only.
As far as jurisdiction or application of the Revised Penal Code over crimes committed on
maritime zones or interior waters, the Archipelagic Rule shall be observed. So the three-

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mile limit on our shore line has been modified by the rule. Any crime committed in
interior waters comprising the Philippine archipelago shall be subject to our laws
although committed on board a foreign merchant vessel.
A vessel is considered a Philippine ship only when it is registered in accordance with
Philippine laws. Under international law, as long as such vessel is not within the
territorial waters of a foreign country, Philippine laws shall govern.

Extraterritorial application
Extraterritorial application of the Revised Penal Code on crime committed on board
Philippine ship or airship refers only to a situation where the Philippine ship or airship is
not within the territorial waters or atmosphere of a foreign country. Otherwise, it is the
foreign country’s criminal law that will apply.
However, there are two situations where the foreign country may not apply its criminal
law even if a crime was committed on board a vessel within its territorial waters and
these are:
(1) When the crime is committed in a war vessel of a foreign country, because war
vessels are part of the sovereignty of the country to whose naval force they belong;
(2) When the foreign country in whose territorial waters the crime was committed
adopts the French Rule, which applies only to merchant vessels, except when the crime
committed affects the national security or public order of such foreign country.
The French Rule
The French Rule provides that the nationality of the vessel follows the flag which the
vessel flies, unless the crime committed endangers the national security of a foreign
country where the vessel is within jurisdiction in which case such foreign country will
never lose jurisdiction over such vessel.
The English or Anglo-Saxon Rule
This rule strictly enforces the territoriality of criminal law. The law of the foreign country
where a foreign vessel is within its jurisdiction is strictly applied, except if the crime
affects only the internal management of the vessel in which case it is subject to the
penal law of the country where it is registered.
Both the rules apply only to a foreign merchant vessel if a crime was committed aboard
that vessel while it was in the territorial waters of another country. If that vessel is in

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the high seas or open seas, there is no occasion to apply the two rules. If it is not
within the jurisdiction of any country, these rules will not apply.

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