CRIMINAL LAW

I. Definition
 Is the branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
 Crime is an act committed or omitted in violation of a public law forbidding or
commanding it.
 If the crime is punished by the Revised Penal Code, it is called a felony; if by a special
law, it is called an offense; and if by ordinance, it is called an infraction of an
ordinance.
 There are no common law crimes in our jurisdiction, there is no crime if there is no
law punishing it.
SOURCES OF PHILIPPINE CRIMINAL LAW
1. The Revised Penal Code (Act No. 3815) and its amendments * mainly belongs to the
Classical Theory
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines, and the
Batasang Pambansa.
3. Penal Presidential Decrees issued during the Martial Law by President Marcos
4. Penal Executive Orders issued during President Corazon Aquino’s term
a. Principles
1. Mala in se vs. Mala prohibita
 CONCEPTS:
o There must be a criminal intent vs. Sufficient that the
prohibited act was done.
o Wrong from its very nature vs. Wrong merely because
prohibited by statute.
o Criminal intent governs vs. Criminal intent is not necessary.
o Generally punished under the RPC vs. Generally involves
violation of special laws.
o Mitigating and aggravating circumstances are appreciated in
imposing the penalties vs. Such cicrumstances are not
appreciated unless the special law has adopted the scheme or
scale of penalties under the RPCS.
 LEGAL IMPLICATIONS:
o Good faith, lack of criminal intent or negligence are valid
defenses vs. THEY ARE NOT VALID DEFENSES; it is enough
that the prohibition was voluntarily violated.
 o Criminal liability is incurred even when the crime is attempted
or frustrated vs. Criminal liability is generally incurred only
when the crime is consummated
o Penalty is computed on the basis of whether he is a principal
offender, or merely an accomplice or accessory vs. The penalty
of the offender is the same as they are all deemed principals.
b. Basis of legal punishment
i. Wrongful intent involved in the crime
ii. Consummated
CASES:
a. People v. Santiago, 43 Phil 120 (1922)
b. U.S. v. Pablo, 35 Phil 94 (1916)

II. CHARACTERISTICS OF CRIMINAL LAW

A. General – the criminal law of the country governs all persons who live or sojourn
within the country regardless of their race, belief, sex, or creed.
i. Exceptions: Treaty stipulations and international agreements; Laws of
Preferential Application; The principles of public international law;
Congress members not liable for liber or slander in connection with
any speech delivered on the floor of the house during a regular or
special session (1987 Constitution, Art. IV, Sec. 11)

1. 1987 Constitution, Article VI, Section 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. Civil Code Article 14
 Penal laws and those of public security and safety shall be obligatory upon those who
live or sojourn in Philippine territory, subject to the principles of local international
laws and to treaty stipulations.
3. Visiting Forces Agreement, Feb. 10, 1998, Article V
 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. 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 State personnel in the Philippines.
4. Republic Act No. 75
 AN ACT TO PENALIZE ACTS WHICH WOULD IMPAIR THE PROPER
OBSERVANCE BY THE REPUBLIC AND INHABITANTS OF THE PHILIPPINES
OF THE IMMUNITIES, RIGHTS, AND PRIVILEGES OF DULY ACCREDITED
FOREIGN DIPLOMATIC AND CONSULAR AGENTS IN THE PHILIPPINES
 May be considered a law of preferential application in favor of
diplomatic representatives and their domestic servants.
 Persons exempt from the operation of our criminal laws by virtue of the principle
of public international law are Sovereign and other chiefs of state, Ambassadors,
ministers plenipotentiary, ministers resident and charges d’affaires.
o CONSULS NOT ENTITLED TO THE PRIVILEGES
AND IMMUNITIES *as reflected in Scheckenburger vs.
Moran, 63 Phil. 250)
5. Republic Act No. 7055 (June 20, 1991)
 AN ACT STRENGTHENING CIVILIAN SUPREMACY OVER THE MILITARY
RETURNING TO THE CIVIL COURTS THE JURISDICTION OVER CERTAIN
OFFENSES INVOLVING MEMBERS OF THE ARMED FORCES OF THE
PHILIPPINES, OTHER PERSONS SUBJECT TO MILITARY LAW, AND THE
MEMBERS OF PHILIPPINE NATIONAL POLICE, REPEALING FOR THE
PURPOSE CERTAIN PRESIDENTIAL DECREES
i. Presidential Decree No. 1850 – Providing for the trial by Courts-
Martial of members of the integrated National-Police and further
defining the jurisdiction of Courts-Martial over members of the Armed
F3orces of the Philippines (promulgated October 04, 1982)
ii. Republic Act 6975 (December 13, 1990) – An Act establishing the
Philippine National Police under a reorganized department of the
Interior and Local Government, and for other purposes
6. CASES:
i. U.S v Sweet, 1 Phil 18 (1901)
ii. Raquiza v Bradford, 75 Phil 50 (1945)
iii. Liang v. People 323 SCRA 692 (2000)
iv. Categories of Diplomatic Immunity from Local Jurisdiction, 323 SCRA
699-715 (2000)
v. Schneckenburger v. Moran, 63 Phil 249 (1936)

B. Territorial – The penal laws of the country have force and effect only within its
territoriality.
1. Exceptions: Article 2 of the RPC – Application of its provisions
1. Those who commit an offense while a Philippine ship or airship
 2. Those who forge or counterfeit any coin or currency of the
Philippines or obligation and securities issued by the Philippine
government
3. Should be liable for acts connected with the introduction into
the country of the obligations and securities aforestated.
4. Those who are public officers or employees that commit an
offense in the exercise of their functions
2. Article 1 of the 1987 Constitution – NATIONAL TERRITORY
i. 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.
3. VFA (Visiting Forces Agreement between the Philippines and USA)
4. Cases:
a. U.S v. Bull, 15 Phil 7 (1910)
b. People v. Look Chaw, 18 Phil 573 (1910)
c. U.S. v. Ah Sing, 36 Phil 978 (1917)
d. People v. Lol-lo & Saraw, 43 Phil 19 (1922)
e. People v. Wong Cheng, 46 Phil 729 (1922)
f. Miquiabas v. Commanding General, 80 Phil 262 (1948)

C. Prospective -- Acts or omissions classified as crimes will be scrutinized in accordance

with the relevant penal laws if these are committed after the effectivity of those penal
laws.
i. Exceptions : Whenever a new statute dealing with a crime establishes
conditions more lenient or favorable to the accused. The retroactive
effects shall benefit the accused even if at the time of the publication of
the law, a final judgment has been pronounced and the convict is
already serving his sentence.
ii. Exceptions to the exception: The new law cannot be given retroactive
effect even if favorable to the accused when
1. The new law is expressly made inapplicable to pending actions
or existing causes of actions
2. When the offender is a habitual criminal (as defined under Rule
5 Article 62 of RPC)
As stated in Revised Penal Code
  Article 1 – This Code shall take effect on the First day of January, 1932
 Article 21 – No felony shall be punishable by any penalty not prescribed by law
prior to its commission.
 Article 22 – Penal laws shall have a retroactive effect insofar as they favor the
person guilty of a felony.
And Civil Code Article 4 – Laws shall have no retroactive effect, unless the contrary is
provided.
Cases:
a. Gumabon v. Director of Prisons, 37 SCRA 420 ( 1971)
b. In re: Kay Villegas Kami, Inc., supra.
c. People v. Narvaez, 121 SCRA 389 (1983)
d. People v. Ringor, 320 SCRA 342 (1999)
e. People v. Pimentel, 288 SCRA 542 (1998)
f. People v. Lacson, 382 SCRA 365 (2002)
400 SCRA 267 (2003), 413 SCRA 20 (2003)
III. Limitations
1. 1987 Constitution Article III BILL OF RIGHTS
a. Section 1- No person shall be deprived of life, liberty or property
without due process of law, nor shall any person be denied of equal
protection of the laws.
b. Section 14 – No person shall be held to answer for a criminal
offense without due process of law.
1. 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.
c. Section 18 – No person shall be detained solely by reason of his
political beliefs and aspirations.
1. No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party
shall have been duly convicted,
d. Section 19 – Excessive fines shall not be imposed, nor cruel,
degrading, or inhuman punishment unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it.
 Any death penalty already imposed shall be reduced to reclusion
perpetua.
1. The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt by law.
e. Section 20 – No person shall be imprisoned for debt or non-
payment of a poll tax.
f. Section 22 – No ex post facto law or bill of attainder shall be
enacted.
2. Revised Rules on Criminal Procedure, Rule 115 (RIGHTS OF
THE ACCUSED)– To all criminal prosecutions, the accused shall be
entitled to the following rights:
a. Presumed innocent until the contrary is proved beyong reasonable
doubt
b. Informed of the nature and cause of the accusation against him
c. To present and defend in person and by counsel at every stage of
the proceedings, from arraignment to promulgation of the
judgment.
d. To testify as a witness in his own behalf by subject to cross-
examination on matters covered by direct examination
e. To be exempt from being compelled to be a witness against
himself.
f. To confront and cross-examine the witnesses against him at the
trial.
g. To have compulsory process issues to secure the attendance of
witnesses and production of other evidence in his behalf.
h. To have speedy, impartial and public trial.
i. To appeal in all cases allowed in the manner prescribed by law.
3. Civil Code Article 2 – Laws shall take effect 15 days after its publication
on the Official Gazette or in any general circulation in Philippines, unless
it is provided otherwise.
4. Cases:
a. Pesigan v. Angeles 129 SCRA 174 (1984)
b. Tanada v. Tuvera 136 SCRA 27 (1985)
c. In re: Kay Villegas Kami, Inc., 35 SCRA 429 (1970)
d. People v. VilLaraza, 81 SCRA 95 (1978)
e. U.S v. Diaz-Conde, 42 Phil 766 (1922)
f. People v. Ferrer, 48 SCRA 382 (1972)
 Nota Bene:
*Ex-Post Facto Law- No ex post facto law or bill of attainder shall be
enacted.
*Bill of Attainder- are special acts of the legislature, to inflict capital
punishments upon persons supposed to be guilty of high offense, such as
treason or felony, without any conviction in the ordinary course of judicial
proceedings.
IV. Construction/ Interpretation of Penal Laws
- Penal laws are strictly construed against the Government and liberally in favor
of the Accused. The rule that penal statutes should be strictly construed
against the State may be invoked only where the law is ambihguous and there
is doubt to its interpretation, rendering no room for its application.
- In the construction / interpretation of the provisions of the RPC, the Spanish
text is controlling, because it was approved by the Philippine Legislature in its
Spanish text. No person should be brought within the terms of criminal
statutes who is not clearly within them, not should any act be pronounced
criminal which is not clearly made so by the state *nullum crimen, nullu
poena sine lege.
FELONIES AND OFFENSES
I. Revised Penal Code Article 3 – Defines felonies (delitos) as acts and
omissions punishable by law.
i. Felonies are committed not only by means of deceit (dolo)
but also by means of fault (culpa).
ii. 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.
II. Acts and Ommission
a. Acts – refers to any bodily movement tending to produce some
effect in the external world it being unnecessary that the same be
actually produced, as the possibility of its production is sufficient
(Reyes, 2012).
ACTS WHICH ARE PUNISHABLE
1. External – as supposed to internal which are mere criminal
thoughts considered not felonious.
 2. Voluntary- Both dolo and culpa have to be voluntary.
● Cases:
a. People v. Gonzales, 183 SCRA 309 (1990)
b. People v. Sylvestre and Atienza, 56 Phil 353 (1931)

Omission as contemplated in criminal law

An omission contemplated in criminal law means inaction; the failure
to perfrom a positive duty which one is bound. There must be a law requiring the doing or
performance of a duty. E.g. misprision of treason, failure of an accountable officer to render
accounts.
- Revised Penal Codes
 Article 116 – Misprision of treason- 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 of
fiscal of the city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason.
Elements of Misprision of Treason
1. Offender must be owing allegiance to the Government, not
towards a foreigner (Misprision of treason cannot be committed
by a resident alien)
2. He has knowledge of any conspiracy (to commit treason)
against the Government (the conspiracy is one to commit
treason as defined in Article 115) NOT KNOWLEDGE OF
TREASON COMMITTED BY ANOTHER.
3. He conceals or does not disclose and make known the same as
soon as possible the governor or fiscal of the province or the
mayor or the fiscal of the city in which he resides.
PENALTY TO MISPRISION OF TREASON – Punished as an accessory to the crime of
treason, and principle in the crime of misprision of treason (which is a separate and distinct
offense from the crime of treason). Penalty is two degrees lower than Reclusion Perpetua.
 Article 208 – Prosecution of offenses; negligence and tolerance. The penalty
of prision correccional in its minimum periodand 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.
 Article 213 (2) (b) – Frauds against the public treasury and similar
offenses. – Failing voluntarily to issue a receipt, as provided by law for
any sum of money collected by him officially.
 Article 223 – (Infidelity in the custody of prisoners) Conniving with
or consenting to evasion. – Any public officer who shall consent to the
escape of a prisoner in his custody or charge, shall be punished by
prision correcional either in its medium and maximum periods if the
fugitive is sentenced by final judgment or minimum and temporary
special disqualification in case of the fugitive not having final conviction
and only held as a detention prisoner.
 Article 234 – (Disobedience, refusal of assistance, and
maltreatment of prisoners) – Refusal to discharge elective office. – The
penalty of arresto mayor or a fine of not exceeding 200k 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.
 Article 275 (1) – (Abandonment of helpless persons and
Exploitation of Minors) Abandonment of persons in danger and
abandonment of one’s own victim. – The penalty of arresto mayor shall be
imposed upon:
1. Anyone 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.
Nullum crimen sine lege
 Latin for “no crime without law.” Sometimes called the legality principle.
 Principle in criminal and international criminal law that a person cannot or should
not face criminal punishment except for an act that was criminalized by law before
he/she performed the act.
Nulla poena sine lege
  Latin for “these exists no punishment without a pre-existing penal law”
 No heavier penalty shall be imposed than the penalty applicable at the time the
offense was committed *strictly construed.
Overall, both principles significantly implicate penal laws to not provide a
retroactive effect towards the accused.

III. Dolo /Malice

 Intentinal felonies, the act of omission of the offender is malicious.
 In Article 3 the act is performed with deliberate intent (malice). The offender has
the intention to cause an injury to another.
 REQUISITES: (1) Freedom, (2) Intelligence, (3) Intent *all three factors presuppose
the exercise of freedom and use of their faculties in their own volition
A. Cases: (On Intent)
- Presumed from the commission of an unlawful act.
a. U.S. v. Apostol, 14 Phil 92 (1909)
b. U.S v. Catolico, 18 Phil 504 (1911)
c. People v. Puno, 219 SCRA 85 (1993)
d. People v. Delim, 396 SCRA 386 (2003)
● Intent v. Motive
a. People v. Tremblor, 161 SCRA 623 (1988)
b. People v. Hassan, 157 SCRA 261 (1988)
c. People v. Delim, 396 SCRA 386 (2003)
● Mistake of Fact
- An honest mistake of fact destroys the presumption of criminal intent which arises
upon the commission of a felonious act
a. U.S v. Ah Chong, 15 Phil 488 (1910)
b. People v. Oanis, 74 Phil 257 (1943)

IV. Culpa
 Culpable felonies, the act or omission of the offender is not malicious. The injury
caused by the offender to another person is “unintentional, being simply the incident
of another act performed without malice.”
 In Article 3 culpable felonies results from 1. Imprudence, 2. Negligence, and 3. Lack
of foresight or lack of skill.
 Exception of crimes cannot be committed through imprudence or
negligence are: murder, treason, robbery, and malicious mischief.
Distinguished from Dolo
 a. People v. Pugay, 167 SCRA 439
b. People v. Carmen, 355 SCRA 267 (1943)

I. Crimes Mala in se and Mala Prohibita

Cases:
a. Lozano v. Martinez, 146 SCRA 323 (1986)
b. Magno v. CA, 210 SCRA 475 (1992)
c. U.S v. Go Chico, 14 Phil 128 (1909)

Revised Penal Code Article 10 – Offenses not subject to the provisions of this Code. –
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.
 Ladonga v. People, 451 SCRA 673 (2005)

 Both intentional and culpable felonies are acts done

voluntarily and punishable.
Reasons behind these:
- The RPC continues to be based on the Classical Theory, according to which
the basis of criminal liability is human free will.
- Acts or omissions punished by law are always deemed voluntary since man is a
rational being. One must prove that his case falls under Art. 12 to show his
act or omission as involuntary
- In felonies by dolo, the act is performed with deliberate intent which must
necessarily be voluntary; and in felonies by culpa, the impurudence consists in
voluntarily but without malice, doing or failing to do an act from which
material injury results.

VI. Criminal Liability

a. Revised Penal Code Art 4 (1) – Criminal liability shall be incurred by any person
committing a felony (delito) although the wrongful act done be different from that
which he intended.
A. How incurred:
Cases:
a. U.S. v. Brobst, 14 Phil 310 (1909)
b. People v. Mananquil, 132 SCRA 196 (1984)
 c. People v. Iligan, 191 SCRA 643 (1990)
d. People v. Sabalones, 294 SCRA 751 (1998)
e. People v. Guillen, 85 Phil 307 (1950)
f. People v. Albuquerque, 59 Phil 150 (1933)
g. Vda. De Bataclan v Medina, 102 Phil

B. Impossible Crimes,
b. Revised Penal Code Art 4 (2) – Criminal liability shall be incurred by any
person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means.