I.

Characteristics of Crim Law:

• General, in that criminal law is binding on all persons live or sojourn In PH territory (Art 14
new Civil Code)

• Territorial , in that criminal laws undertake to punish crimes committed within PH territory.

• Prospective , in that a penal law cannot make an act punishable in a manner in which it was
not punishable when committed. As provided in Art 366 of the RPC, crimes are punished under the laws
in force at the time of their commission.

XPNs:

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,
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. Limitations on the power of Congress to enact penal laws (ON)

1. Must be general in application.

2. Must not partake of the nature of an ex post facto law.

3. Must not partake of the nature of a bill of attainder.

4. Must not impose cruel and unusual punishment or excessive fines.

5. Accused must be heard in due process.

III. Dolo vs Culpa

Dolo - when the act is performed with deliberate intent.

Requisites:

1. Freedom
2. Intelligence

3. Intent

Culpa - when the wrongful act results from imprudence, negligence, lack of foresight or skill.

Requisites:

1. Freedom
2. Intelligence
3. Imprudence, negligence, lack of skill or foresight
4. Lack of intent

IV. Circumstances affecting Criminal Liabilities

1. Stages of execution
2. Gravity of the offense
3. Justifying Circumstances
4. Exempting Circumstances
5. Absolutory Circumstances
6. Mitigating Circumstances
7. Aggravating Circumstances
8. Alternative Circumstances
9. Degree of Participation

V. Impossible Crime

Art 4, par. 2:

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.

Requisites of an impossible crime are:

(1) that the act performed would be an offense against persons or property;

(2) that the act was done with evil intent; and

(3) that its accomplishment was inherently impossible, or the means employed was either inadequate or
ineffectual.

VI. Mala in se vs Mala prohibita

Mala in se signifies crime that is considered wrong in and of itself such as theft, rape, homicide.

Mala prohibita signifies crime that is prohibited by statute such as illegal possesion of firearms.

VII. Error in personae, Aberratio ictus, Praeter intentionem

Error in personae is a mistake in the identity of the victim, injuring one person mistaken for another.

Aberrati ictus is a maistake in the blow, when the offender intending to do an injury to one person
actually inflicts it to another.

Praeter intentionem is when injurious result is greater than that intended.

VIII. Prescription of crime

Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal
shall prescribe in twenty years.

1.Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

2. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five years.

3. The crime of libel or other similar offenses shall prescribe in one year.

4. The crime of oral defamation and slander by deed shall prescribe in six months.

5. Light offenses prescribe in two months.

6. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the
application of the rules contained in the first, second and third paragraphs of this article. (As amended
by RA 4661, approved June 19, 1966).
Ix. Prescription of Penalties

Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence prescribe as
follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which
prescribes in five years;

4. Light penalties, in one year.

X. . Prescription of special laws

Act No 3763

1. Offenses punished only by a fine or by imprisonment for not more than 1 month or both, prescribe
after 1 year.

2. Offenses punished by imprisonment for more than 1 month but less than 2 years after 4 years.

3. Offenses punished by imprisonment for 2 years or more but less than 6 years - after 8 years

4. Offenses punished by imprisonment for 6 years or more - after 12 years

5. Offenses under Internal Revenue Law - after 5 years

6. Violations of municipal ordinances - after 2 months

7. Violations of the regulations or conditions of certificate of convinience by the Publis Service Comm. -
after 2 months

Act No 3326 is not applicable where the special law provides for its own prescriptive period.

XI. Total extinguishment of crime

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code