STO. NIÑO COLLEGE OF ORMOC, INC.

BACHELOR OF SCIENCE IN CRIMINOLOGY

CLJ 3 – Criminal Law (Book 1)
Instructor: RHAHEZZA N. MAIDIN

MODULE 1
INTRODUCTION TO CRIMINAL LAW 1

CRIMINAL LAW – A branch of public or municipal law which defines crimes, treats of their nature and
provides for their punishment.

Legal Basis of Punishment

The power to punish violators of criminal law comes within the police power
of the state. It is the injury inflicted to the public which a criminal action seeks to
redress, and not the injury to the individual.

* The objective of the punishment is two-fold: absolute and relative. The absolute
theory is to inflict punishment as a form of retributive justice. It is to destroy wrong
in its effort to annihilate right, to put an end to the criminal activity of the offender.

On the other hand, the relative theory purports to prevent the offender
from further offending public right or to the right to repel an imminent or actual
aggression, exemplary or by way of example to others not to follow the path taken
by the offender and ultimately for reformation or to place him under detention to
teach him the obligations of a law-abiding citizen.

Power to Enact Penal Laws

Only the legislative branch of the government can enact penal laws. While
the President may define and punish an act as a crime, such exercise of power is
not executive but legislative as he derives such power from the law-making body. It
is in essence, an exercise of legislative power by the Chief Executive.

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Book 1, The Revised Penal Code Act No. 3815, as amended AN ACT REVISING THE PENAL CODE AND OTHER
PENAL LAWS

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Limitations on the power of Congress to enact penal laws

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.

Characteristics of Criminal Law: (G.T.P.)

1. GENERAL – the law is binding to all persons who reside in the Philippines

Generality of criminal law means that the criminal law of the country governs all persons within the
country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought
about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are
immune from the application of penal laws when they are in the country where they are assigned.

* Note that consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in
a foreign country, who are therefore, not immune to the operation or application of the penal law of the
country where they are assigned. Consuls are subject to the penal laws of the country where they are
assigned.

* It has no reference to territory. Whenever you are asked to explain this, it does not include territory.
It refers to persons that may be governed by the penal law.

Exceptions to general application of criminal law:

a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application

2. TERRITORIAL – the law is binding to all crimes committed within the National Territory of the
Philippines
Exception to Territorial Application: Instances enumerated under Article 2.

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Territoriality means that the penal laws of the country have force and effect only within its territory. It
cannot penalize crimes committed outside the same. This is subject to certain exceptions brought about
by international agreements and practice. The territory of the country is not limited to the land where
its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere.

Terrestrial jurisdiction is the jurisdiction exercised over land.

Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters.

Aerial jurisdiction is the jurisdiction exercised over the atmosphere.

The Archipelagic Rule

All bodies of water comprising the maritime zone and interior waters abounding different islands
comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth,
depth, width or dimension.

What Determines Jurisdiction in a Criminal Case?

1. Place where the crime was committed;
2. The nature of the crime committed; and
3. The person committing the crime.

3. PROSPECTIVE (Prospectivity)– the law does not have any retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.

* Acts or omissions will only be subject to a penal law if they are committed after a penal law had
already taken effect. Vice-versa, this act or omission which has been committed before the effectivity of
a penal law could not be penalized by such penal law because penal laws operate only prospectively.

* The exception where a penal law may be given retroactive application is true only with a repealing
law. If it is an original penal law, that exception can never operate. What is contemplated by the
exception is that there is an original law and there is a repealing law repealing the original law. It is the
repealing law that may be given retroactive application to those who violated the original law, if the
repealing penal law is more favorable to the offender who violated the original law. If there is only one
penal law, it can never be given retroactive effect.

Effect of repeal of penal law to liability of offender

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A repeal is absolute or total when the crime punished under the repealed law has been decriminalized
by the repeal. Because of the repeal, the act or omission which used to be a crime is no longer a crime.
An example is Republic Act No. 7363, which decriminalized subversion.

A repeal is partial or relative when the crime punished under the repealed law continues to be a crime
inspite of the repeal. This means that the repeal merely modified the conditions affecting the crime
under the repealed law. The modification may be prejudicial or beneficial to the offender. Hence, the
following rule:

Theories of Criminal Law

1. CLASSICAL THEORY – Man is essentially a moral creature with an absolute free will to
choose between good and evil and therefore more stress is placed upon the result of the
felonious act than upon the criminal himself.

* The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There
is scant regard for the human element of the crime. The law does not look into why the offender
committed the crime. Capital punishment is a product of this kind of this school of thought. Man is
regarded as a moral creature who understands right from wrong. So that when he commits a wrong, he
must be prepared to accept the punishment therefore.

2. POSITIVIST THEORY – Man is subdued occasionally by a strange and morbid phenomenon which
conditions him to do wrong in spite of or contrary to his volition.
(Crime is essentially a social and natural phenomenon)

* The purpose of penalty is reformation. There is great respect for the human element because the
offender is regarded as socially sick who needs treatment, not punishment. Crimes are regarded as social
phenomena which constrain a person to do wrong although not of his own volition

ECLECTIC OR MIXED PHILOSOPHY

> This combines both positivist and classical thinking. Crimes that are economic and social and nature
should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should
be dealt with in a classical manner; thus, capital punishment.

Sources of Criminal Law

1. The Revised Penal Code
2. Special Penal Laws – Acts enacted of the Philippine Legislature punishing offenses or
omissions.

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Construction of Penal Laws
1. Criminal Statutes are liberally construed in favor of the offender. This means that no person
shall be brought within their terms who is not clearly within them, nor should any act be
pronounced criminal which is not clearly made so by statute.
2. The original text in which a penal law is approved in case of a conflict with an official translation.
3. Interpretation by analogy has no place in criminal law

BASIC MAXIMS IN CRIMINAL LAW

DOCTRINE OF PRO REO

Whenever a penal law is to be construed or applied and the law admits of two interpretations – one
lenient to the offender and one strict to the offender – that interpretation which is lenient or favorable to
the offender will be adopted.

* This is in consonance with the fundamental rule that all doubts shall be construed in favor of the
accused and consistent with presumption of innocence of the accused. This is peculiar only to criminal
law.

NULLUM CRIMEN, NULLA POENA SINE LEGE

There is no crime when there is no law punishing the same. This is true to civil law countries, but not to
common law countries.

Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil
or bad the act is, if there is no law defining the act, the same is not considered a crime.

Common law crimes are wrongful acts which the community/society condemns as contemptible, even
though there is no law declaring the act criminal.

Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is
ambiguous, it is null and void.

ACTUS NON FACIT REUM, NISI MENS SIT REA

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The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo,
but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to
culpable felonies, or those that result from negligence.

MALA IN SE AND MALA PROHIBITA

Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act
is inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally
referred to as malum prohibitum.

* Note, however, that not all violations of special laws are mala prohibita. While intentional felonies
are always mala in se, it does not follow that prohibited acts done in violation of special laws are always
mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is
inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a
valid defense; unless it is the product of criminal negligence or culpa.

* Likewise when the special laws requires that the punished act be committed knowingly and willfully,
criminal intent is required to be proved before criminal liability may arise.

* When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.

For example, Presidential Decree No. 532 punishes piracy in Philippine waters and the special law
punishing brigandage in the highways. These acts are inherently wrong and although they are punished
under special law, the acts themselves are mala in se; thus, good faith or lack of criminal intent is a
defense.

Mala in se vs. Mala prohibita

Crimes mala in se Crimes mala prohibita
Those so serious in their effects on Those violations of mere rules of
society as to call for almost convenience designed to secure a
unanimous condemnation of its more orderly regulation of the affairs
members; of society
Criminal intent necessary Criminal intent is not necessary
Refers generally to felonies defined Refers generally to acts made
and penalized by the Revised Penal criminal by special laws
Code

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Distinction between crimes punished under the Revised Penal Code and crimes punished under
special laws

1. As to moral trait of the offender

In crimes punished under the Revised Penal Code, the moral trait of the offender is considered.
This is why liability would only arise when there is dolo or culpa in the commission of the
punishable act.

In crimes punished under special laws, the moral trait of the offender is not considered; it is
enough that the prohibited act was voluntarily done.

2. As to use of good faith as defense

In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid
defense; unless the crime is the result of culpa

In crimes punished under special laws, good faith is not a defense

3. As to degree of accomplishment of the crime

In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is
taken into account in punishing the offender; thus, there are attempted, frustrated, and
consummated stages in the commission of the crime.

In crimes punished under special laws, the act gives rise to a crime only when it is consummated;
there are no attempted or frustrated stages, unless the special law expressly penalize the mere
attempt or frustration of the crime.

4. As to mitigating and aggravating circumstances

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 In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are
taken into account in imposing the penalty since the moral trait of the offender is considered.

In crimes punished under special laws, mitigating and aggravating circumstances are not taken
into account in imposing the penalty.

5. As to degree of participation

In crimes punished under the Revised Penal Code, when there is more than one offender, the
degree of participation of each in the commission of the crime is taken into account in imposing
the penalty; thus, offenders are classified as principal, accomplice and accessory.

In crimes punished under special laws, the degree of participation of the offenders is not
considered. All who perpetrated the prohibited act are penalized to the same extent. There is
no principal or accomplice or accessory to consider.

Test to determine if violation of special law is malum prohibitum or malum in se

Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you
remove the law, will the act still be wrong?

If the wording of the law punishing the crime uses the word “willfully”, then malice must be proven.
Where malice is a factor, good faith is a defense.

In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a
basis of liability, unless the special law punishes an omission.

CODAL PROVISIONS OF THE R.P.C.

Art. 1. This Code shall take effect on January 1, 1932.

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Art. 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 preceding number;

4. While being public officers or employees, should commit an offense in the exercise
of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation
of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in
Japan.)

5. Should commit any crimes against the national security and the law of nations,
defined in Title One of Book Two of this Code. (These crimes include treason, espionage, piracy,
mutiny, inciting to war or giving motives for reprisals, correspondence with hostile country, flight to
enemy’s country and violation of neutrality)

 Rules as to crimes committed aboard foreign merchant vessels:

1. 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.

2. 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. (This is applicable in the
Philippines)

 Requirements of “an offense committed while on a Philippine Ship or Airship”

1. Registered with the Philippine Bureau of Customs
2. Ship must be in the high seas or the airship must be in international airspace.

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* Under international law rule, a vessel which is not registered in accordance with the laws of any
country is considered a pirate vessel and piracy is a crime against humanity in general, such that
wherever the pirates may go, they can be prosecuted.

 US v. Bull
A crime which occurred on board of a foreign vessel, which began when the ship was in a foreign
territory and continued when it entered into Philippine waters, is considered a continuing crime. Hence
within the jurisdiction of the local courts.

Two situations where the foreign country may not apply its criminal law even if a crime was
committed on board a vessel within its territorial waters and these are:

(1) When the crime is committed in a war vessel of a foreign country, because war vessels are part
of the sovereignty of the country to whose naval force they belong;

(2) When the foreign country in whose territorial waters the crime was committed adopts the
French Rule, which applies only to merchant vessels, except when the crime committed affects
the national security or public order of such foreign country.

When public officers or employees commit an offense in the exercise of their

functions

As a general rule, the Revised Penal Code governs only when the crime committed pertains to the
exercise of the public official’s functions, those having to do with the discharge of their duties in a
foreign country. The functions contemplated are those, which are, under the law, to be performed by
the public officer in the Foreign Service of the Philippine government in a foreign country.

Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy
or within the embassy grounds in a foreign country. This is because embassy grounds are considered an
extension of sovereignty.

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