Criminal Law- branch of law that defines 6) Confront witnesses against him at

crime, treats their nature and provides for trial

their punishment. 7) Secured attendance of witnesses and
production of evidence
Crime- act or omission committed in 8) Speedy, impartial and public trial.
violation of a public law by forbidding or 9) Appeal in all cases allowed and
commanding it. prescribed.

Sources of Criminal Law Characteristics of Criminal Law

1) Revised Penal Code 1) General- binding on all person who
2) Special Laws live and sojourn in Philippine (PH)
territory.
Common Law- based on traditions or General rule:
customs. - Jurisdiction of civil courts is not
- There is no common law crimes in affected by the military character of
the Philippines the accused
- Court interpretations are not - Civil courts has concurrent
sources of criminal law since it jurisdiction with the general court-
merely explains the meaning and martial over soldiers of AFP
application of the law as enacted by o EXCEPT: Place of the
the legislature. commission of crime has
hostilities in progress and
Police Power of the State civil courts not functioning
Power to define and punish crimes and lay - Prosecution of an accused in the
done the rules of criminal procedure. court martial is a bar to another
prosecution of the accused for the
Limits of the legislature to enact same offense- to avoid double
penal laws jeopardy.
1) No ex post facto law shall be - EXCEPTION TO THE GENERAL
enacted- retroactive laws prejudicial APPLICATION
to the accused. 1. Treaty or treaty stipulation
- To give a law a retrospective 2. Law of preferential application
application to the prejudice of the o RA 75- favor of diplomatic
accused is to make it an ex post representatives
facto law.
2) No person shall be held answerable SCHNECKENBURGER vs.
to a criminal act without process.- no MORAN 63 Phil. 250
law shall inflict punishment to the
accused without a judicial trial. HELD: It is well-settled that a consul
is not entitled to the privileges and
Statutory Rights of the Accused immunities of an ambassador or
1) Proven innocent until proved minister, but is subject to the laws
otherwise beyond reasonable doubt. and regulations of the country of
2) Informed of the nature and cause of which he is accredited.
accusation against him.
3) Present and defend in person or by 2) Territorial- punish crimes
counsel in every proceedings committed within Philippine
4) Testify on his behalf. territory.
5) Exempt from being compelled to be - PH Territory- the archipelago, the
a witness atmosphere, its interior waters, and
maritime zone.
 - EXCEPTION- Provisions of the code may be punished under the
shall be enforced outside the repealing
jurisdiction against: - A new law which omits anything
1. Crimes committed while in ship contained in the old law dealing on
or airship of PH registry. the same subject, operates as a
2. Forge or counterfeit PH currency repeal of anything not so included
and government security in the amendatory act
3. Introduction of (2.) - Self-repealing law
4. Acts or omission committed by Construction of Penal laws
public officers and employees in 1) Strictly construed against the
the exercise of their function government and liberally in favor of
5. Crimes against national security the accused- invoked where the law
and law of nations ambiguous and there is doubt as to
its interpretation.
3) Prospective- crimes are punished 2) For construction and interpretation-
under the laws in force at the time of Spanish text is controlling.
their commission.
- EXCEPTION: Favorable to the THE REVISED PENAL CODE.
accused Act No. 3815
o EXCEPTION to the
exception: Approved on December 8, 1930.
 Expressly made Took effect on January 1, 1932.
inapplicable to
pending actions, and - The RPC is based mainly on
existing cause of principles of the classical school
actions.
 Habitual delinquency Two theories in Criminal Law
under Art. 62 of RPC.
1. Classical Theory
Effects of repeal of penal law - Basis of criminal liability is human
1) If favorable i.e. lighter penalty- free will
retroactive application unless the - Purpose of penalty is retribution
exceptions are present. - Emphasis on the “Act”- effect or
2) If unfavorable- no retroactive result of felonious act
application, law from the time of - Favors mechanical and direct
commission shall be applied. proportion between crime and
3) Total repeal, the act is no longer penalty
punishable- crime is obliterated - Scant regard to human element
2. Positivist Theory
- When the repeal is absolute the
offense ceases to be criminal - Circumstances of the “Actor”
- When the new law and the old law - Enforcement of individual measures
penalize the same offense, the in each particular case
offender can be tried under the old
Article 2- Application of its provision
law.
- When the repealing law fails to Scope of the application of RPC
penalize the offense under the old General Rule: The code shall be enforced
law, the accused cannot be within the Philippine archipelago, its
convicted under the new law atmosphere, interior waters and maritime
- A person erroneously accused and zones.
convicted under a repealed statute EXCEPTION: Extra-territorial effect
1. Crimes committed while in ship or 3. The act or omission must be
airship punishable by law- the Revised
a. PH registry- Registration, not Penal Code.
the citizenship of its owner
b. Merchant ship “There is no crime when there is no law
- Breach of peace of the ship or those punishing it.”
on board- home state
- Breach of public order- local 4. The act is performed or the
jurisdiction omission incurred by mean of
- Does not include foreign warships dolo or culpa.
2. Forge or counterfeit PH currency and
government security Classification of felonies according to the
3. Introduction of (2.) means they are committed:
4. Acts or omission committed by public 1. Intentional Felonies
officers and employees in the exercise of 2. Culpable Felonies
their function
5. Crimes against national security and law Intentional Culpable
of nations Act or omission of Act or omission of
- Crime against national security- the offender the offender not
treason, espionage malicious malicious
- Crime against nations- piracy, Intent to cause Unintentional-
mutiny injury incident of another
act performed
Article 3- Definition of Felony By deceit (dolo) By fault (culpa)

Felonies Imprudence- lack of skill, deficiency of

- An act or omission punishable by action
RPC, by means of deceit, where act is
with deliberate intent, or by means Negligence- lack of foresight, deficiency of
fault, where the wrongful act results perception.
from imprudence, negligence, lack of
foresight, lack of skill. Felonies- Acts or omission are
voluntary.
Elements of felonies Elements of voluntariness for intentional
felonies/ requisities of dolo or malice:
1. Acts or omission
o Freedom
Act- physical movement, a physical action “person who acts under the compulsion of
of the human body which tends to influence an irresistible force is exempt from
the outside world. criminal liability.”
- Commission of an act which the law “person who acts under the impulse of
prohibits. uncontrollable fear of an equal or greater
- Only external acts is punished injury”

Omission- means inaction. o Intelligence

- Failure to do a positive duty which “power to determine the morality of the
one is bound to do. acts”

Classification of felonies by commission o Intent

1. Felonies by act Presumption of criminal intent from
2. Felonies by omission the commission of a crime, anchored on the
Classical Theory that man is a rational
being, so that when he commits a criminal
act, it is presumed that he did it knowingly.

Motive v. Intent
- Motive- moving power that
impels a person to commit a
crime; Intent- the purpose to
use a particular mean to
achieve a particular result.
- Motive is completely
immaterial; Intent is an
element of felony.

Elements of voluntariness for culpable

felonies
o Freedom
o Intelligence
o Negligence and Imprudence

Mistake of fact
- Misapprehension of facts on the part
of the person who causes injury to
another.
- Ignorance or mistake of fact relieves
the accused from criminal liability
- Honest mistake of fact destroys the
presumption of criminal intent

Requisites:
1. Act done would have been lawful
had the facts been as believed.
Act done would not constitute felony has
the fact been as the accused believed them
to be.

2. Intention in performing the act

should be lawful.
3. Mistake must be without fault or
carelessness on the part of accused

U.S. v. Ah Chong; People v. Oanis

Mala in se v. Mala prohibita