CRIMINAL LAW REVIEWER 20171

INTRODUCTION

Definition of Crime. It is an act committed or omitted in

violation of public law forbidding or commanding it.

Definition of Criminal Law. It is a branch or division of

law which defines crimes, treats of their nature, and
provides for their punishment.

Power to Define and Punish Crime. This authority is

lodged with the State, under it police power (People vs.
Santiago, 1922).

Constitutional Limitations on the Power of the State.

1987 Constitution prohibits the lawmaking body from
enacting: (1) ex post facto law or bill of attainder (2)
holding persons liable to answer for criminal offense
without due process of law. (Art. III, Sec. 22, 14 (1).

- Ex Post Facto Laws refer to retroactive laws that are

prejudicial to the accused. [MACAD]

1. Makes criminal an act done before the passage of

the law and which was innocent when done, and
punishes such an act;

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Unless otherwise provided, these notes are reworded and/or summarized
from Luis B. Reyes Books 2012.

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 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 evidences, 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, which 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 of some

lawful protection to which he has become entitled,
o Such as the protection of a former conviction
or acquittal, or a proclamation of amnesty. (In
re: Kay Villegas Kami, 1970).

- Bill of Attainder. Act inflicting punishment without

judicial trial (People vs. Ferrer, 1972)

Theories in Criminal Law.

1. Classical Theory

- Man is essentially a moral creature with absolute

free will to choose between good and evil. Thus,
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 this theory places stress upon the effect or result
of the criminal act than the criminal, himself.

o In short, the criminals free will (to commit

the crime) is the basis of his criminal liability,
and the purpose of his penalty is retribution
(for committing the crime).

- It endeavors to establish a mechanical and direct

proportion between the crime and the penalty.

o There is scant regard to the human

element.

- The Revised Penal Code generally ascribes to this

theory.

2. Positivist Theory

- Crime is essentially a social and natural

phenomenon. That man is subdued occasionally
by strange and morbid phenomenon constraining
him to do wrong, contrary to his volition.

o Hence, a crime cannot be treated and

checked by the application of abstract
principles of law, nor by imposition of
predetermined and fixed punishment.

o It should be treated through enforcement

of individual measures in each
particular, after a thorough, personal
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 and individual investigation conducted
by competent body of psychiatrists and
social scientists

o Thus, penalty is imposed for preventive

and corrective purposes (Estrada, 2008)

- The adoption of the aspects of the theory is

exemplified by:

o The Indeterminate Sentence Law,

o Article 4, paragraph 2 of the Revised Penal

Code (Impossible Crime),

o Article 68 (Penalties for Minors) and

o Articles 11 to 14 (Circumstances Affecting

Criminal Liability),

o Article 63 of the Revised Penal Code

(Penalties for Heinous and Quasi-Heinous
Crimes) (De Joya vs. Jail Warden of
Batangas City, 20003).

3. Eclectic or Mixed Theory (Estrada, 2008)

- It is the combination of classical and positivist

theories wherein crimes that have socio-economic
causes are treated with modicum of compassion

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 o e.g. Art. 308 (Theft), and Art. 312
(Usurpation of Real Rights in Property).

4. Utilitarian or Protective Theory

- Affirms that the primary function of punishment
is the protection of society against actual and
potential wrongdoers.

o Case Example.

Magno vs. CA 1992

Facts: X entered into a lease-purchase

agreement with Y Company. However, Y
required a warranty deposit for the equipment
to be leased. Due to lack of funds, X sought
help of a friend, who, unknown to X,
approached Z to advance the deposit, on the
condition that it would be paid with interest.
X's thereafter issued post-dated checks to Y
but Y delivered the same to Z.

Upon X's default, Y pulled out the

equipment. X also learnt that the warranty
deposit was shouldered by Z. X promised to
pay Z and also informed her of the
insufficiency of funds. But Z still encashed
the checks. Naturally the checks bounced.
Liable under B.P. 22?

Held: No. The checks covered warranty

deposit for the prospective purchase of the
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 equipment which were returned to Y. There's
no point for Y or Z to withhold or encash the
checks upon return of the leased properties.

Rules of Construction of Penal Laws.

1. Strict Construction (Laurel v. Abrogar 483

SCRA 649)
2. Liberal Construction in favour of the
Accused/Offender
(People v. Bon, 2006)
(Avarquez v. People 479 SCR 225) When there is doubt
as to the accuseds guilt, the doubt should be resolved in
his favour
(People v. Mantan, 5 SCRA 6584) not the only factor
(People v. Gatchalian 55 OG 871) only when there is
ambiguity

Illustrative Cases
People v. Terrado, 124 SCRA 228
Del Rosario v. Judge Rosero 126 SCRA 228
Santos To v. Pao, 120 SCRA 8

3. Original Text will govern in case of conflict with

the official translation
People v. Manaba, 58 Phil. 665 For RPC, Spanish text
prevails over English translation
Crime
Act No. 3815 (December 8, 1930)
An Act Revising the Penal Code and Other
Penal Laws

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Preliminary Article - This Law Shall Be Known As
"The Revised Penal Code."

BOOK ONE
GENERAL PROVISIONS REGARDING THE
DATE OF ENFORCEMENT AND
APPLICATION OF THE PROVISIONS OF
THIS CODE, AND REGARDING THE
OFFENSES, THE PERSONS LIABLE AND
THE PENALTIES

PRELIMINARY TITLE

DATE OF EFFECTIVENESS AND

APPLICATION OF THE PROVISIONS OF
THIS CODE

Article 1. Time when Act takes effect. - This Code

shall take effect on the first day of January,
nineteen hundred and thirty-two [01/01/1932].

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,

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 o including its atmosphere, its interior waters
and maritime zone,
- but also outside of its jurisdiction, against those
who: [SCIPS]

1. Should commit an offense while on a

Philippine ship or airship;

2. Should forge or counterfeit any

o coin or currency note of the Philippine
Islands or
o 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
presiding number;

4. While being public officers or employees,

should commit an offense in the exercise
of their functions; or

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.

Characteristics of Criminal Law.

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1. General. Criminal law is binding on all persons who
live or sojourn in the Philippine territory (Art. 14, Civil
Code).
2. Territorial
3. Prospective