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Criminal Law Review  
 

I. CRIMINAL LAW: DEFINITION AND SOURCES

A. Definition
B. Punishment of Crimes: Statutory Basis
1. Sources
a. Constitution (1987), Art. II, Sec. 5
The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of democracy.
b. Constitution (1987), Art VI, Sec. 1
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum.
2. Limitations
a. Constitution (1987), Art. III, Sec. 1
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.
b. Constitution (1987), Art. III, Sec. 14(1)
No person shall be held to answer for a criminal offense without due process of law.
c. 1985 Rules on Criminal Procedure, Rule 115
In all criminal prosecutions, the accused shall be entitled to the following rights:
(1) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(2) To be informed of the nature and cause of the accusation against him.
(3) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the accused without justifiable cause at the trial
of which he had notice shall be considered a waiver of his right to be present thereat. When an
accused under custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed
to defend himself in person when it sufficiently appears to the court that he can properly protect his
right without the assistance of counsel.
(4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner prejudice him.
(5) To be exempt from being compelled to be a witness against himself.
 (6) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part
of its evidence the testimony of a witness who is deceased, out of or can not with due diligence be
found in the Philippines, unavailable or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same parties and subject matter, the adverse
party having the opportunity to cross-examine him.
(7) To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.
(8) To have speedy, impartial and public trial.
(9) To appeal in all cases allowed and in the manner prescribed by law.
d. Civil Code, Art. 2
Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette,
unless it is otherwise provided. This Code shall take effect one year after such publication.
3. Penological objectives
C. Basic Principles
1. Generality of Criminal Law
a. Constitution (1987), Art. VI, Sec. 1
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum.
b. Civil Code, Art. 14
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public international law and to treaty stipulations.
c. Visiting Forces Agreement (VFA), Art. V
2. Principle of Territoriality
a. RPC, Art. 2
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 presiding number;
(4) While being public officers or employees, should commit an offense in the exercise of their functions;
or
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(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.
b. Constitution (1987), Art. 1
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.
c. VFA, Art. V
Criminal Jurisdiction
1. Subject to the provisions of this article:
(a) Philippine authorities shall have jurisdiction over United States personnel with respect to
offenses committed within the Philippines and punishable under the law of the Philippines.
(b) United States military authorities shall have the right to exercise within the Philippines all criminal
and disciplinary jurisdiction conferred on them by the military law of the United States over
United States personnel in the Philippines.
2.
(a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to
offenses, including offenses relating to the security of the Philippines, punishable under the laws
of the Philippines, but not under the laws of the United States.
(b) United States authorities exercise exclusive jurisdiction over United States personnel with
respect to offenses, including offenses relating to the security of the United States, punishable
under the laws of the United States, but not under the laws of the Philippines.
(c) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security
means:
(1) treason;
(2) sabotage, espionage or violation of any law relating to national defense.
3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:
(a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses
committed by United States personnel, except in cases provided for in paragraphs l (b), 2 (b),
and 3 (b) of this Article.
(b) United States military authorities shall have the primary right to exercise jurisdiction over United
States personnel subject to the military law of the United States in relation to:
(1) offenses solely against the property or security of the United States or offenses
solely against the property or person of United States personnel; and
 (2) offenses arising out of any act or omission done in performance of official duty.
(c) The authorities of either government may request the authorities of the other government to
waive their primary right to exercise jurisdiction in a particular case.
(d) Recognizing the responsibility of the United States military authorities to maintain good order
and discipline among their forces, Philippine authorities will, upon request by the United States,
waive their primary right to exercise jurisdiction except in cases of particular importance to the
Philippines. If the Government of the Philippines determines that the case is of particular
importance, it shall communicate such determination to the United States authorities within
twenty (20) days after the Philippine authorities receive the United States request.
(e) When the United States military commander determines that an offense charged by authorities
of the Philippines against United States personnel arises out of an act or omission done in the
performance of official duty, the commander will issue a certificate setting forth such
determination. This certificate will be transmitted to the appropriate authorities of the Philippines
and will constitute sufficient proof of performance of official duty for the purposes of paragraph
3(b)(2) of this article. In those cases where the Government of the Philippines believes the
circumstances of the case require a review of the duty certificate, United States military
authorities and Philippine authorities shall consult immediately. Philippine authorities at the
highest levels may also present any information bearing on its validity. United States military
authorities shall take full account of the Philippine position. Where appropriate, United States
military authorities will take disciplinary or other action against offenders in official duty cases,
and notify the Government of the Philippines of the actions taken.
(f) If the government having the primary right does not exercise jurisdiction, it shall notify the
authorities of the other government as soon as possible.
(g) The authorities of the Philippines and the United States shall notify each other of the disposition
of all cases in which both the authorities of the Philippines and the United States have the right
to exercise jurisdiction.
4. Within the scope of their legal competence, the authorities of the Philippines and the United States shall
assist each other in the arrest of United States personnel in the Philippines and in handing them over to
authorities who are to exercise jurisdiction in accordance with the provisions of this article.
5. United States military authorities shall promptly notify Philippine authorities of the arrest or detention of
United States personnel who are subject to Philippine primary or exclusive jurisdiction. Philippine
authorities shall promptly notify United States military authorities of the arrest or detention of any United
States personnel.
6. The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall
immediately reside with United States military authorities, if they so request, from the commission of the
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offense until completion of all judicial proceedings. United States military authorities shall, upon formal
notification by the Philippine authorities and without delay, make such personnel available to those
authorities in time for any investigative or judicial proceedings relating to the offense with which the
person has been charged. In extraordinary cases, the Philippine Government shall present its position to
the United States Government regarding custody, which the United States Government shall take into
full account. In the event Philippine judicial proceedings are not completed within one year, the United
States shall be relieved of any obligations under this paragraph. The one year period will not include the
time necessary to appeal. Also, the one year period will not include any time during which scheduled trial
procedures are delayed because United States authorities, after timely notification by Philippine
authorities to arrange for the presence of the accused, fail to do so.
7. Within the scope of their legal authority, United States and Philippine authorities shall assist each other
in the carrying out of all necessary investigations into offenses and shall cooperate in providing for the
attendance of witnesses and in the collection and production of evidence, including seizure and, in
proper cases, the delivery of objects connected with an offense.
8. When United States personnel have been tried in accordance with the provisions of this article and have
been acquitted or have been convicted and are serving, or have served their sentence, or have had their
sentence remitted or suspended, or have been pardoned, they may not be tried again for the same
offense in the Philippines. Nothing in this paragraph, however, shall prevent United States military
authorities from trying United States personnel for any violation of rules of discipline arising from the act
or omission which constituted an offense for which they were tried by Philippine authorities.
9. When United States personnel are detained, taken into custody, or prosecuted by Philippine authorities,
they shall be accorded all procedural safeguards established by the law of the Philippines. At the
minimum, United States personnel shall be entitled:
(a) To a prompt and speedy trial;
(b) To be informed in advance of trial of the specific charge or charges made against them and
to have reasonable time to prepare a defense;
(c) To be confronted with witnesses against them and to cross examine such witnesses;
(d) To present evidence in their defense and to have compulsory process for obtaining
witnesses;
(e) To have free and assisted legal representation of their own choice on the same basis as
nationals of the Philippines;
(f) To have the services of a competent interpreter;
(g) To communicate promptly with and to be visited regularly by United States authorities, and to
have such authorities present at all judicial proceedings. These proceedings shall be public
unless the court, in accordance with Philippine law, excludes persons who have no role in
 the proceedings.
10. The confinement or detention by Philippine authorities of United States personnel shall be carried out in
facilities agreed on by appropriate Philippine and United States authorities. United States personnel
serving sentences in the Philippines shall have the right to visits and material assistance.
11. United States personnel shall be subject to trial only in Philippine courts of ordinary jurisdiction, and shall
not be subject to the jurisdiction of Philippine military or religious courts.
3. Prospective Application
a. RPC, Art. 21
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
b. RPC, Art. 22
Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is serving the same.
c. Civil Code, Art. 4
Laws shall have no retroactive effect, unless the contrary is provided.
4. Nullum Crimen Poena Sine Lege
a. RPC, Art. 3
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of
deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate
intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill.
b. RPC, Art. 21
No felony shall be punishable by any penalty not prescribed by l
5. Strict Construction of penal laws against State
a. Constitution (1987), Art. III, Sec. 14 (2)
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.
D. General Provisions
1. RPC, Art. 1
This Code shall take effect on the first day of January, nineteen hundred and thirty-two.
2. RPC, Art. 2
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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 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.

II. FELONIES
A. HOW COMMITTED
1. Dolo
a. RPC, Art. 3
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of
deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate
intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill.
i. Elements
ii. Presumption of Criminal Intent
iii. General and specific intent
iv. Intent and motive
v. Mistake of Fact
2. Culpa
a. RPC, Art. 3
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be
means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed
with deliberate intent and there is fault when the wrongful act results from imprudence, negligence,
lack of foresight, or lack of skill.
b. RPC, Art. 365
i. Elements
ii. Distinguished from dolo
B. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS
1. Crimes mala in se and mala prohibita
2. Relation of RPC to special laws
a. RPC, Art. 10
Offenses which are or in the future may be punishable under special laws are not subject to the provisions of
this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the
contrary.
C. PUNISHABLE CONDUCT
1. Wrongful act different from that intended
a. RPC, Art. 4 (1)
Criminal liability shall be incurred:
(1) By any person committing a felony (delito) although the wrongful act done be different from that
which he intended.
2. Omission
a. RPC, Art. 116
Every person owing allegiance to (the United States) the Government of the Philippine Islands, without
being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and
make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of
the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.
b. RPC, Art. 137
The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees
who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties
of their offices under the control of the rebels or shall accept appointment to office under them. (Reinstated
by E.O. No. 187).
c. RPC, Art. 208
The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public
officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from
instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.
d. RPC, Art. 223
Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished:
(1) By prision correccional in its medium and maximum periods and temporary special disqualification in
its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by
final judgment to any penalty.
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(2) By prision correccional in its minimum period and temporary special disqualification, in case the
fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or
violation of law or municipal ordinance.
e. RPC, Art. 234
The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any
person who, having been elected by popular election to a public office, shall refuse without legal motive to
be sworn in or to discharge the duties of said office.
f. RPC, Art. 275
The penalty of arresto mayor shall be imposed upon:
(1) Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can render such assistance without detriment to himself,
unless such omission shall constitute a more serious offense.
(2) Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or
injured.
(3) Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said
child to the authorities or to his family, or shall fail to take him to a safe place.
g. Pres. Dec. No. 953
h. Pres. Dec. No. 1153
3. Proposal and Conspiracy
a. RPC, Art. 8
Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. There is proposal when the person who has
decided to commit a felony proposes its execution to some other person or persons.
b. RPC, Art. 115
The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor
and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.
c. RPC, Art. 136
The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period
and a fine which shall not exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As
amended by R.A. 6968, approved October 24, 1990).
d. RPC, Art. 141
 Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium
period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).
e. RPC, Art. 186
The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both,
shall be imposed upon:
(1) Any person who shall enter into any contract or agreement or shall take part in any
conspiracy or combination in the form of a trust or otherwise, in restraint of trade or
commerce or to prevent by artificial means free competition in the market;
(2) Any person who shall monopolize any merchandise or object of trade or commerce, or shall
combine with any other person or persons to monopolize and merchandise or object in order
to alter the price thereof by spreading false rumors or making use of any other article to
restrain free competition in the market;
(3) Any person who, being a manufacturer, producer, or processor of any merchandise or object
of commerce or an importer of any merchandise or object of commerce from any foreign
country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree
in any manner with any person likewise engaged in the manufacture, production, processing,
assembling or importation of such merchandise or object of commerce or with any other
persons not so similarly engaged for the purpose of making transactions prejudicial to lawful
commerce, or of increasing the market price in any part of the Philippines, of any such
merchandise or object of commerce manufactured, produced, processed, assembled in or
imported into the Philippines, or of any article in the manufacture of which such
manufactured, produced, or imported merchandise or object of commerce is used.
If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other
articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium
periods it being sufficient for the imposition thereof that the initial steps have been taken toward carrying
out the purposes of the combination.
Any property possessed under any contract or by any combination mentioned in the preceding
paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.
Whenever any of the offenses described above is committed by a corporation or association, the
president and each one of its agents or representatives in the Philippines in case of a foreign corporation
or association, who shall have knowingly permitted or failed to prevent the commission of such offense,
shall be held liable as principals thereof.
f. RPC, Art. 306
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When more than three armed persons form a band of robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to
be attained by means of force and violence, they shall be deemed highway robbers or brigands.
Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion
temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties,
in which case, they shall suffer such high penalties.
If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said
persons are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the
maximum period.
g. RPC, Art. 340
Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the
lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including
those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute
disqualification. (As amended by Batas Pambansa Blg. 92).