Criminal Law in General:

1. Define Criminal Law and Crimes

Criminal Law – branch or division of public law which defines crimes, treats of
their nature, and provides for their punishment.

Crime is defined as an act committed or omitted in violation of public law

forbidding or commanding it. It is a positive or negative act in violation of penal
law; an offense against the state (Black Law’s Dictionary)

2. Power to define and punish crimes

The state has authority (police power) to:

- define/punish crimes
- lay down rules of criminal procedure

The right of prosecution and punishment for a crime is one attribute that by
natural law belongs to the state.

Such right is charged by the common will of society to defend interests of the
community.

3. Limitations of the power to enact criminal legislation

 No ex post facto law or bill of attainder shall be enacted

 No personal shall be held to answer for a criminal offense without due
process of the law
 This limitation requires criminal laws to be of general application and clearly
defining the acts and omissions punished as crimes.

4. The 3 main characteristics of Criminal Law

 GENERAL – criminal law is binding on all who live or sojourn in Philippine

territory
 TERRITORIAL – criminal laws undertake to punish crimes committed within
Php territory
 PROSPECTIVE – a penal law cannot make an act punishable in a manner
which it was not punishable when committed

5. Exceptions to the general application of Criminal Law

  Principles of Public International Law- Thus, sovereigns and other chief of
state, Ambassadors, Ministers plenipotentiary, Minister residents, and
charges d’affaires even if residing or sojourning in the Philippines, and
committing crimes herein are not subject to our penal laws.
 Treaties or Treaty Stipulations- The persons who are exempted from the
operation or application of our criminal laws under the provisions of the
treaties entered into by the Philippines with another country are likewise
exempted. Under the defunct Military Bases Agreement entered into by
the Philippines and U.S.A. on March 14, 1947- any offense committed
outside the bases by any member of armed forces of the United States
where the offended party is also a member of the said armed forces is not
cognizable by Philippine courts. Under the VFA, an American soldier
committing a crime during military exercises is also exempt from the
operation of Philippine criminal law.

 Laws on Preferential Application- An example is Sec. 11 of Art. VI of the

Constitution which provides that “No member shall be questioned nor be
held liable in any other place for any speech or debate in Congress or in
any committee thereof. “Thus, if Senator A delivers a libelous speech in
Congress against B, he can not be punished or be held liable even if he is
residing in the Philippines.

6. Construction of Penal Laws

1. Penal laws are strictly construed against the Gov’t and liberally in favor
of the accused
2. No person should be brought within the terms of criminal statues who is
not clearly within them

7. Exception to the Prospect application of Criminal Law

Prospectivity

General Rule: Acts or omissions will only be subject to a penal law if they
are committed after a penal law has taken effect.

Conversely, acts or omissions which have been committed before the

effectivity of a penal law could not be penalized by such penal law.

Exception:

Art. 22 Revised Penal Code. Penal laws shall have a retroactive effect,
insofar as they favor the person 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.