CRIMINAL LAW 1  The first limitation prohibits the passage of
retroactive laws which are prejudicial to the
ARTICLES 1-6 REVIEW GUIDE
*Criminal Law – is that branch or division of law which
defines, treats of their nature, and provides for their
punishment. (12 Cyc. 129)
*Crime – is an act committed or omitted in violation of
the public law forbidding or commanding it.
*Sources of Phil. Criminal Law:
 The RPC (Act No. 3815) and its amendments;
 Special Penal Laws passed by the Phil.
Commission, Phil. Assembly, the Congress of the
Phils., and the Batasang Pambansa
 Penal Presidential Decrees issued during Martial
Law
*No Common Law crimes n the Phils.
 Common Law is defined as a body of legal rules
that have been made by judges as they issue
rulings on cases, as opposed to rules and laws
made by the legislature or in official statutes.
 Unless there be a particular provision…
 Court decisions are not sources of criminal law
because…
*Power to define and punish crimes
 The State has the authority, under its police
power, to define and punish crimes and to lay
down rules of criminal procedure.
 States, as a part of their police power, have…
 The right of prosecution and punishment for
crime is one of the attributes that by a natural
law belongs to the sovereign power… (U.S. v.
Pablo, 35 Phil. 94, 100)
*Limitations on the power of the lawmaking body to
enact penal laws legislation.
 The Bill of Rights of the 1987 Constitution
imposes the following limitations:
 No ex post facto law or bill of attainder
shall be enacted. Art. III, Sec. 22)
 No person shall be held to answer for a
criminal offense without due process of
law. Art. III, Sec. 14 (1)
accused. An ex post facto law is one which:
 makes criminal an act done before the
passage of the law and which was
innocent when done, and punishes such
an act
 aggravates a crime, or makes it greater
than it was, when committed
 changes the punishment and inflicts a
greater punishment than the law
annexed to the crime when committed
 alters the legal rules of evidence, and
authorizes conviction upon less or
different testimony than the law
required at the time of the commission
of the offense
 assumes to regulate civil rights and
remedies only, in effect imposes
penalty or deprivation of a right for
something which when done was
lawful; and
 deprives a person accused of a crime
some lawful protection to which he has
become entitled, such as the protection
of a former conviction or acquittal, or a
proclamation pf amnesty
 Congress is also prohibited from passing an act
which would inflict punishment without judicial
trial, for that would constitute a bill of
attainder.
 A bill of attainder is a legislative act
which inflicts punishment without trial.
Its essence is the substitution of a
legislative act for a judicial
determination of guilt. (People v.
Ferrer, 48 SCRA 382, 395)
 Ex. Congress passes a law which
authorizes the arrest and imprisonment
of communists without the benefit of a
judicial trial.
 To give a law retroactive application to the
prejudice of the accused is to make it an ex post
facto law
 People v. Villaranza, 81 SCRA 95, 97
 The second limitation requires that criminal
laws must be of general application and must
clearly define the acts and omissions punished
as crimes.

*Constitutional Right of the Accused (Article III, Bill of
Rights of the 1987 Phi. Constitution)
 All persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial, or administrative bodies. 9Section
16)
 No person shall be held to answer for a criminal
offense without due process of law. (Sec. 16)
 All persons, except those charged with offenses
punishable by reclusion perpetua when
evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or
be released on recognizance as may be
provided by law.
The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus
is suspended.
Excessive bail shall not be required. Sec. 13
 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
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. Sec. 14 (2)
 No person shall be compelled to be a witness
against himself. (Sec. 17)
 Any person under investigation for the
commission of an offense shall have the
right to be informed of his right to
remain silent and to have competent
and independent counsel preferably of
his own choice.
 If the person cannot afford the services
of counsel, he must be provided with
one.
 These rights cannot be waived except in
writing and in the presence of counsel.
(Sec. 12 [1]).
 No torture, force, violence,
intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention place, solitary,
incommunicado, or other similar forms
of detention are prohibited. Sec. 12 (2)
 Any confession or admission obtained
in violation of this or Section 17 hereof
shall be inadmissible in evidence against
him. Sec. 12 (3)
 Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted.
Sec. 19 (1)
 No person shall be twice put in jeopardy of
punishment for the same offense. If an act is
punished by a law and an ordinance, conviction
or acquittal under either shall constitute a bar
to another prosecution for the same act. Sec. 21
 Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
Sec. 11.
*Statutory Rights of the Accused
Section 1, Rule 115, of the Revised Rules on
Criminal Procedure provides that in all criminal
prosecutions, the accused shall be entitled:
 To be presumed innocent until the contrary is
proved beyond reasonable doubt
 To be informed of the nature and cause of the
accusation against him
 To be present and defend in person and by
counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment.
 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.
 To be exempt from being compelled to be a
witness against himself
 To confront and cross-examine the witnesses
against him at the trial.
 To have compulsory process issued to secure
the attendance of witnesses and production of
other evidence in his behalf
 To have a speedy, impartial, and public trial
 To appeal in all cases allowed and in the
manner prescribed by law
*Rights of the accused which may be waived and rights
which may not be waived
  A right which may be waived …
 A right which may not be waived…
 The reason or principle underlying the
difference…
*Characteristics of Criminal Law
3 Main Characteristics:
1. General. Criminal law is binding on all persons who
live or sojourn in the Philippine territory. Art. 14, new
Civil Code
 People v. Galacgac, C.A., 54 O.G. 1027
 As a general rule, jurisdiction of civil courts is
not affected by the military character of the
accused
 U.S. v. Sweet (1 Phil. 18)
 Civil courts have concurrent jurisdiction with
general courts-martial over soldiers of the
Armed Forces of the Phils.
 Civil courts have jurisdiction over
murder cases committed by persons
subject to military law.
 The civil courts have jurisdiction…
 Civil courts have jurisdiction over the
offense of malversation (Art. 217)
committed by an army finance officer.
People v. Livara, G.R. No. L-6021, April
20, 1954.
 Even in times of war, the civil courts…
 The Revised Penal Code or other penal law is
not applicable when a military court takes
cognizance of the case.
 Ruffy, et. al. v. Chief of Staff, et. al., 75
Phil. 875)
*Jurisdiction of military courts
Section 1 of R.A. No. 7055 says:
 Members of the AFP and other persons subject
to military law, including members of the…
 Provided that, the Pres. of the Phils. May, in the
interest of justice, order or direct at any time…
 The prosecution of an accused before a court-
martial is a bar to another prosecution for the
same offense.
 A court-martial is a court, and the…
 Marcos and Concordia v. Chief of Staff,
AFP, 89 Phil. 246
 Offenders accused of war crimes are triable by
military commission
*Exceptions to the general application of Criminal Law
 Art. 2 of the RPC says that the provisions of this
Code shall be enforced within the Phil.
Archipelago, “except as provided in the treaties
and laws of preferential application
 Art. 14 of the new Civil Code provides that
penal laws and those of public security…
 Treaties or treaty stipulations
-an ex is the VFA between the Phils. And the
USA, which was signed on Feb. 10, 1998, which
provides the following:
 Phil. Authorities shall have jurisdiction…
 U.S. military authorities shall have the
right to exercise…
 Phil. Authorities exercise exclusive…
 US authorities exercise exclusive…
 US military authorities shall have…
-Bayan v. Zamora, G.R. No. 138570,
October 10, 2000
 Law of preferential application
 Example is R.A. 75 in favor of diplomatic
representatives and their domestic
servants.
 R.A. 75 is a law to penalize acts which
impair the proper observance by the
Republic and inhabitants of the Phils.
Of the immunities, rights, and privileges
of duly accredited foreign diplomatic
representatives in the Phils.
 Not applicable when the foreign
country adversely affected does not
provide similar protection to our
diplomatic representatives.
 Persons exempt from the operation of our
criminal laws by virtue of the principles of public
international law.
 Sovereigns and other chiefs of state
 Ambassadors, ministers plenipotentiary,
ministers resident, and charges d’
affaires
 A consul is not entitled to the privileges and
immunities of an ambassador.
*II. TERRITORIAL. Criminal laws undertake to punish
crimes committed within Phil. Territory.
  The principle of territoriality means that as a
rule, penal laws of the Phils. Are enforceable
only within its territory.
 Extent of Philippine territory for purposes of
criminal law
 Article 2 of the RPC provides that the
provision of said code shall be…
 Article 1 of the 1987 Constitution
provides that the national…
 Exceptions to the territorial application of
criminal law
 Art 2 of the RPC provides…
1. should commit an offense while…
2. should forge or counterfeit…
3. should be liable for acts…
4. while being public officers…
5. should commit any of the crimes…
III. PROSPECTIVE. 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.
 Exceptions to the prospective application of
criminal laws
 Whenever a new statute dealing with
crime…
 But this exception has no application:
-where the new law is expressly made
inapplicable to pending actions or existing
causes of action. Tavera v. Valde, 1 Phil.
463, 470-471
-where the offender is a habitual criminal
under Rule 5, Art. 62, RPC. (Art. 22, RPC).
 Different effects of repeal on penal law
 If the repeal makes the penalty lighter
in the new law…
 If the new law imposes a heavier
penalty…
 If the new law totally repeals the
existing law…
 When the repeal is absolute, the offense ceases
to be criminal
 People v. Tamayo (61 Phil. 225)
 US. V. Cuna, 12 Phil. 241
 When the new law and the old law penalize the
same offense, the offender can be tried under
the old law.
 US. V. Cuna (12 Phil. 241)
 When the repealing law fails to penalize the
offense under the old law, the accused cannot
be convicted under the new law.
 People v. Sindions and Pastor (77 Phil.
1000)
 A person erroneously accused and convicted
under a repealed statute may be punished
under the repealing statute.
 People v. Baesa, C.A., 56 O.G. 5466
 A new law which omits anything contained in
the old law dealing on the same subject,
operates as a repeal of anything not so included
in the amendatory act.
 People v. Almuete, 69 SCRA 410
 Self-repealing law
 People v. Jacinto, C.A., 54 O.G. 7587
 Construction of penal laws
 Penal laws are strictly construed…
 In the construction or interoretation…
*The Revised Penal Code (Act No. 3815, as amended)
*History
 This Code is called the “Revised Penal Code”
because the Committee which was created by
A.O. No. 94 of the Dept. of Justice, dated Oct.
18, 1927, composed of Anacleto Diaz, as
Chairman, and Quintin Paredes, Guillermo
Guevarra, Alex Reyes and Mariano H. de Joya,
as members, was instructed to revise the old
Penal Code, taking into consideration the
existing conditions, the special penal laws and
the rulings laid down by the SC.
 What the Committee did was merely to revise
the old Penal Code and to include in the draft
the other penal laws related to it.
 The RPC does not embody the latest progress of
criminal science, as the results of the
application of advanced and radical theories
“still remain to be seen.”
 The RPC as enacted by the Phil. Legislature, was
approved on Dec. 8, 1930.
*The Revised Penal Code consists of two books:
of preferential application, the provisions of this Code
 Book one consists of two parts: (a) basic
shall be enforced not only within the Phil. Archipelago,
principles affecting criminal liability (Arts. 1-20);
including its atmosphere, its interior waters and
and (b) the provisions on penalties including
maritime zone, but also outside of its jurisdiction,
criminal and civil liability (Arts. 21-113).
against those who:
 Book two defines felonies with the
corresponding penalties, classified and grouped
under 14 different titles (Arts. 114-365).
ARTICLE 1. This Code shall take effect on the first day
of January, 1932.
 The Revised Penal Code is based mainly on
principles of the classical school.
 Two theories in Criminal Law: the classical
theory and the positivist theory
 Characteristics of the classical theory
 The basis of criminal liability is human
free will and the purpose of the penalty
is retribution
 That man is essentially a moral creature
with an absolutely free will to choose
between good and evil, thereby placing
more stress upon the effect or result of
the felonious act than upon the man,
the criminal himself.
 It has endeavored to establish a
mechanical and direct proportion
between crime and penalty.
 There is a scant regard to the human
element
 Characteristics of the Positivist theory
 That man is subdued occasionally by a
strange and morbid phenomenon which
constrains him to do wrong, in spite of
or contrary to his volition.
 That crime is essentially a social and
natural phenomenon, and as such, it
cannot be treated and checked by the
application of abstract principles of law
and jurisprudence nor by the imposition
of a punishment, fixed and determined
a priori; but rather through the
enforcement of individual measures in
each particular case after a thorough,
personal and individual investigation
conducted by a competent body of
psychiatrists and social scientists.
ARTICLE 2. Except as provided in the treaties and laws
 1. Should commit an offense while on a
Philippine ship or airship;
 2. Should forge or counterfeit any coin or
currency note of the Phil. Islands or obligations
and securities issued by the Government of the
Phil. Islands;
 3. Should be liable for acts connected with the
introduction into these Islands of the
obligations and securities mentioned in the
preceding 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.
 Scope of the application of the provisions of
the Revised Penal Code
 The provisions of the RPC shall be
enforced not only within the Phil.
Archipelago, but also outside of its
jurisdiction in certain cases.
 The five paragraphs of Art. 2 treat of
the application of the RPC…
 In what cases are the provisions of the Revised
Penal Code applicable even if the felony is
committed outside of the Phils?
 When the offender should commit an
offense while on a Philippine ship or
airship. (p.25-26)
 When the offender should forge or
counterfeit any coin or currency note of
the Philippines or obligations and
securities issued by the Government.
 When the offender should be liable for
acts connected with the introduction
into the Philippines of the “obligations
and securities” mentioned in the
“preceding number.”
 When the offender, while being a public
officer or employee, should commit an
offense in the exercise of his functions.
  When the offender should commit any
of the crimes against the national
security and the laws of nations
 Crimes punishable in the Phils. Under Art. 2 are
cognizable by the Regional Trial Court in which
the charge is filed.
 Important words and phrases in Art. 2
 Except as provided in the treaties and
laws of preferential application
-this phrase means that while the
general rule is that the provisions of the
RPC…
 “its atmosphere”
-the sovereignty of the subjacent State,
and therefore its penal laws…
 “interior waters”
-includes creeks, rivers, lakes and bays,
gulfs, straits, coves, inlets and
roadsteads lying wholly within the
three-mile limit.
 Maritime zone
-its length to three miles from the
coastline, starting from the low water
mark
 Crimes committed on board a foreign merchant
ship or airship.
 Continuing offense on board a foreign vessel
 Offenses committed on board a foreign
merchant vessel while on Phil. waters is triable
before our court.
 Rules as to jurisdiction over crimes committed
aboard foreign merchant vessels.
 French Rule: Such crimes are not triable
in the courts of that country, unless
their commission affects the peace and
security of the territory or the safety of
the state is endangered.
 English Rule: Such crimes are triable in
that country, unless they merely affect
things within the vessel or they refer to
the internal management thereof. Our
country observes the English Rule.
 Do the Philippine courts have jurisdiction over
the crime of homicide committed on board a
foreign merchant vessel by a member of the
crew against another?
 Disorders which disturb only the peace
of the ship…
 Crimes not involving a breach of public order
committed on board a foreign merchant vessel
in transit not triable by our courts.
 Smoking opium constitutes a breach of public
order
 Philippine courts have no jurisdiction over
offenses committed on board foreign warships
in territorial waters
 Extra-territorial application of R.A. No. 9372
 Known as “Human Security Act of 2007”
passed into law on March 6, 2007
 Section 58 of R.A. No. 9372 provides
that subject to the provision of an
existing treaty of which the Philippines
is a signatory and to any contrary
provision of any law of preferential
application, the provisions of the Act
shall apply:
 To individual persons who
commit any of the crimes
defined…
 To individual persons who,
although physically outside…
 To individual persons who,
although physically outside the
territorial limits…
 To individual persons who
commit any of said crimes
within any embassy…
 To individual persons who,
although physically outside the
territorial limits…
 To individual persons who,
although physically…
ARTICLE 3. Acts and omissions punishable by law are
felonies (delitos)
Felonies are committed not only by 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.