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Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga CRIMINAL LAW REVIEWER CRIMINAL LAW REVIEWER I.History of the Revised Penal Law A. Codification Movement -- sought to have all laws codified or writtenin a single body of aw. B. Spanish Codigo Penal The royal order dated December 17, 1886, directing the execution of the royaldecree of September 4, 1884, wherein it was ordered that the Penal Code inforce in the Peninsula, as amended in accordance with the recommendations of the code committee, be published and applied in the Philippine Islands, as wellas the Provisional Law of Criminal Procedure which accompanied it. These twolaws, having been published in the Official Gazette of Manila on March 13 and14, 1887, became effective in July 14, 1876. (US. vs. Tamparong) C. Codigo Penal ng Pilipinas modified the Spanish Penal Code. D. US Period they tried to translate the Penal code but certain areaswere defectively translated II.Definition of Penal Law and Criminal Law A. Penal laws laws which relates to penalties B. Criminal laws laws which relates to crimes C. Felony -- A crime under the Revised Penal Code is referred to as afelony. Do not use this term in reference to a violation of special law. D. Offense -- A crimes punished under a special law is called as statutoryoffense. E. Misdemeanor --A minor infraction of the law, such as a violation of anordinance, is referred to as a misdemeanor. F. Crime -- Whether the wrongdoing is punished under the Revised PenalCode or under a special law, the generic word crime can be used. Lorenzo vs. Posadas Issue: W/N Art. 3606 of a tax law is a penal law thus can be appliedretroactively in conformity with the provisions of Art. 22 of RPC.Decision: A statute is penal when it imposes punishment for an offensecommitted against the state. Penal Statutes are statutes, which command orprohibit certain acts and establish penalties for their violation, and even those,which, without expressly prohibiting certain acts, impose a penalty on theircommission.Note: Non-payment of taxes is merely a civil liability/indemnity. The tax codeas it exists today which carries punishments may be considered penalprovisions. People vs. Moran Facts: The accused violated the election code and was sentenced by the lowercourt. He was asking for reconsideration and filed a special motion allegingthat the crime complained of had prescribed under the provision of section 71of Act 3030, enacted by the Legislature on March 9,

1922.Issue: W/N penal laws provide for not only penalty but also prescription.Decision: Yes.Decision: The court found the crime to have prescribed (in accordance with thenew law) and set aside the decision. The Election law contained in theAdministrative Code and Act 3030 which amended and modified the former, it isevident that the provision declaring that offenses resulting from the violationsof said Act shall prescribe one year after their commission must haveretroactive effect, the same being favorable to the accused. An exception- togive them retroactive effect when favorable to accused. The exception appliesto a law dealing with prescription of crime: Art 22 applies to a law dealing withprescription of an offense which is intimately connected with that of thepenalty, for the length of time for prescription depends upon the gravity of theoffense. Penal laws not only provide for penalties but also prescriptions. III.Rationale of Penal LawsUS vs. Sotto Facts: Vicente Sotto is the director, editor, publisher and printer of a weeklypaper. On May 1915, he edited the paper with the intention of attacking themreputation of Lope K. Santos and two other principals of a labor group. He wasfound guilty of libel.Issue: W/N Sotto was guiltyDecision: Yes. Penalties are used to deter people from doing the same crime.A deterrent effect upon others is one of the purposes of the infliction of apenalty for the violation of the criminal law (Exemplarity). People vs. Carillo and Raquenio /vvverga Page 1 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga Facts: Carillo was sentenced with death penalty for the crimes of robbery,attempted rape and homicide. His accomplice was only charged for robbingEmma Abaya and Marcelino Lontok.Issue: W/N the penalty for Carillo was justified.Decision:The accused is a dangerous enemy of the society thus, imposition of thehighest penalty if justified. Carillo has proved himself to be a dangerous enemyof society. The latter must protect itself from such enemy by taking his life inretribution for his offense and as an example and warning to others. In thesedays of rampant criminality it should have a salutary effect upon the criminallyminded to know that the courts do not shirk their disagreeable duty to imposethe death penalty in cases where the law so requires. People vs. Young Facts: Jimmy Young is a hired killer who committed a crime of murder underArt 248 of the RPC. He refused to plea guilty because according to him, hisguilt is lighter than those who ordered the killing of Alfonso Liongto. He wassentenced with death penalty in accordance with Art 248 in relation to Art 64 of the RPC. However, RA 296, which was approved 17 June 1948, provides thatfor a penalty of death is imposed, all justices of the Supreme Court must firstconcur. Said law is procedural thus can be applied to cases pending at the timeof its approval.Issue: W/N Young should be charged with the crime of murder.Decision: One of the justices dissented, thus death penalty was not imposed.The killing in question was attended by evident premeditation which qualifiedthe crime as murder: (a) it was committed in consideration of a price reward orpromise and (b) with treachery. This case also provides the notion of aggravating circumstances (acts that would provide for higher penalties art14) and mitigating circumstances (provides for lighter penalties art 13).Death penalty was imposed to rationalize the concept of Exemplarity: making aperson example to serve as a deterrent) People vs. Revilla Facts: The accused was charged for the crime of infidelity in the custody of theprisoners. Nicasio Junio, the prisoner, was only sentenced to suffer six days of arresto menor

only , a penalty that may be served in the house of the offenderbecause of the condition of his health. The municipality also could not feed himNicasio for lack of appropriation, Revilla then believed that this act in permittingNicasio to sleep in his own house was not grave in nature, being at most amere relaxation of the rules prescribed for the care and custody of municipalprisoners. Revilla was charged under Art 223 for his actions.Issue: W/N the charge against Revilla is proportionate to the act hecommitted.Decision: No. His action then was due to a mistaken conception of his duty,hence it is obvious that the penalty imposed against him is notoriouslyexcessive to the extent of being cruel for being out of proportion with the crimecommitted. The penalty was not proportionate to the evil to be curbed. Retribution, the penalty should be commensurate with the gravity of the offense. The penalty imposed upon the accused for infidelity in the custody of a prisonersentenced to only six days of arresto menor being excessive, such fact shouldbe brought to the attention of His Excellency, the President of the Philippinesfor him to decide whether or not it would be convenient to recommend to thenational assembly the amendment of art 223 of RPC (conniving with orconsenting to evasion) so as to make it more in consonance with the amplitudeof the matters that a court must consider in meting out punishment to whoevermay have the misfortune f infringing the precept regarding infidelity in thecustody of prisoners or detained prisoners. People vs. Galano Facts: Galano was accused of falsification of one peso bill, which he used topurchase four eggs. He was found guilty and was sentenced to sufferintermediate penalty ranging from 10 years and 1 day to 12 years and 10months. The Solicitor General believes that the punishment is too harsh.Issue: W/N the penalty if too harshDecisions: The punishment is too harsh and it may not actually serve thepurpose of the legislator. Imprisonment may change an individual but it canalso expose the person to hardened criminal. Thus, punishments should beapplied with care. A copy of the decision was sent to the president for theexercise of executive clemency. IV.Two theories in Criminal Law A. Classical Theory1.Basis of criminal liability is human free will and purpose of penaltyis retribution2.An eye for an eye, a tooth for a tooth. Oculo pro oculo, dentepro dente.]3.Man is a moral creature with absolute free will to choose betweengood and evil, thereby placing more stress upon the effect orresult of felonious act than upon the man.4.Endeavored to establish a mechanical and direct proportionbetween crime and penalty /vvverga Page 2 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga 5.The purpose of penalty is retribution. The offender is made tosuffer for the wrong he has done. There is scant regard to thehuman element. B. Positivist theory1.Man is occasionally subdued by a strange and morbid phenomenalwhich pushes him to do wrong in spite or contrary to his volition2.Crime is a social and natural phenomenon, it cannot be createdand checked by application of abstract principle of law and jurisprudence nor by imposition of penalties, fixed and determineda priori.3.Rehabilitation by means of individual measures on case to casebasis.Advocates personal and individual investigation, conducted by

competent bodyof psychiatrist and social scientist. V. Crimes A. Definition 1.Felony2.Offense3.Infraction of Ordinance(a) When penalty imposed is not an exercise of sovereign power to definecrimes and provide punishment. De Guzman vs. Subido Facts: de Guzman who is a civil service eligible for passing the civil serviceexam was disqualified from any appointment for having violated the Jaywalkinglaws and ordinance concerning cocheros, which according to the lower courtconstitutes a crime.Issue: W/N said acts constitute a crimeDecision: No. A penalty imposed for breach of a municipal regulation does notnecessarily constitute a criminal offense. A violation of a municipal ordinanceto qualify as a crime must involve a least a certain degree of evil doing,immoral conduct, corruption, malice or want of principles reasonably related tothe requirements of the public office. A crime is an act committed or omitted inviolation of public laws. Ordinances are not public laws. Criminal acts, in itscommission, have some immoral intention. Conde vs. Mamenta Facts: Petitioner refused to pay the new rates of the stall she was holdingstating that the increased rate was excessive. The increase is based on theprovisions of a municipal ordinance. The petitioner was criminally convicted bythe trial court for not paying the surcharge.Issue: W/N the petitioner can be prosecuted criminally of her non-payment of the rental.Decision: No. The surcharge for non-payment if not a penalty under criminallaw but only an amount added to the usual charge. It is more of anadministrative penalty, which can be recovered only by civil action. VI.Common Law Crimes A. definition: body of principles, usages and rules of action which do notrest for their authority upon any express or positive declaration of thewill of the legislature B. common law crimes are not recognized in the country C. the codification movement provided for all crimes to be codified, thus,a crime not punishable by law is not a crime at all. VII.Power to define and punish crimesPeople vs. Santiago Facts: Defendant was found guilty of killing a seven-year-old boy. He is nowappealing the decision stating that Act 2886 of the Philippine Legislature, whichprovides that all prosecution for offenses shall be in the name of the People of the Philippines is unconstitutional for amending General Order No. 58 whichhas a character of a constitutional law.Issue: W/N Act 2886 is unconstitutional.Decision: The procedure in criminal matters is not incorporated in theconstitution but is left in the hands of the legislature so that it falls within thereal of public statutory law. The state has the authority, under its police power,to define and punish crimes and to lay down the rules of criminal procedure.States, as a part of their police power, have a large measure of discretion increating and defining criminal offenses. People vs. Taylor Facts: The defendant, being the acting editor and proprietor, manager, printerand publisher of Manila Bulletin was accused of committing libel against amember of the Philippine bar.Issue: W/N the defendant is guilty of libel. /vvverga Page 3 of 100

Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga Decision: In the Philippines, there exist no crimes called common law crimes No act constitutes a crime here unless it is made so by law. Libel is made acrime here by Act 277 of the US Philippine Commission. However, in order toprove that the defendant is Guilty of the crime, it must be proven that he is the auditor, editor, or proprietor of the said newspaper. There was no proof of thisbecause evidence shows that he is merely the manager. Petition was dismissed. People vs. Pomar Facts: The manager of La Flor granted a maternity leave to Macaria butrefused to pay Php 80.00 to which the employee is entitled as her regular wageas stated in Sec. 13 of Act 3071.Issue: W/N Act 3071 us unlawful exercise of police power.Decision: The police power is the power vested in the legislature of the state tomake, ordain, and establish all manner of wholesome and reasonable laws,statutes, and ordinances, either with penalties or without, which are notrepugnant to the constitution as they shall judge to be for the good and welfareof the commonwealth, and of the subjects of the state US vs. Pablo Facts: Andres Pablo, a policeman, reported that he saw Rodrigo and Malicsi inthe jueteng arena and then testified on the contrary during the trial. He wascharged with perjury and convicted under Act. 1697 which was said to haverepealed articles 318 and 324 of the penal code.Issue: Can the defendant be punished?Decision: The right of prosecution and punishment for a crime is one of theattributes that by a natural law belongs to the sovereign power instinctivelycharged by the common will of the members of society to look after, guard anddefend the interests of the community as well as rights of each individual.Imposing punishments should be the last resort: our laws do not merelyprovide for retribution but it also provides for laws that are in favor of theoffender. US vs. Gustillo Facts: Gustillo was already convicted of a crime for illegal possession of firearms. However, another information was filed against him for the samecrime but for a different ammunition which he already possessed at the sametime and same place the first information was filed against him.Issue: W/N Gustillo may be prosecuted for the second time for the sameviolation.Decision:The prosecution violated the Philippines Bill and Act No. 89 which embody theprinciple that no person shall be twice put in jeopardy for the same offensebecause this rule covers as nearly as possible every single criminal act born of a single criminal intent even though more than one crime is committed by saidact. People vs. Chong Hong Facts: The defendants were convicted for violation of Ordinance No. 394, whichprohibits the playing of jueteng. The court ordered for the dismissal of thecase on the ground that said ordinance is null and void for it conflicts with Art195 of the RPC, which provides for lesser penalties than the ordinance.Issue W/N Ordinance 394 conflicts with the law.Decision: It is admitted that jueteng is already prohibited and penalized inarticle 195 of the Revised Penal Code. But the fact that an act is alreadyprohibited and penalized by a general law does not preclude the enactment of amunicipal ordinance covering the same matter. The rule is well settled that thesame act may constitute an offense against both the state and a politicalsubdivision thereof and both jurisdictions may punish the act, without.infringing any constitutional principle. As a general rule, additional regulation tothat of the state law does not constitute a conflict therewith. The fact that anordinance enlarges upon the provisions of a statute by requiring more than thestatute requires creates no conflict therewith, unless the statute limits therequirement for all cases to its own prescription. Both the

ordinance and RPCprohibit and penalize the same act and the distinction in penalties is necessarybecause of the peculiar conditions of the locality. Ngo Yao Tit and Chia Eng Cheng vs. Sheriff of Manila Facts: Before the court is an application for the writ of habeas corpus.Petitioners were charged of visiting a house where opium was smoked. Theynow claimed that the court erred in their decision because it does not have jurisdiction over the case.Issue: W/N the court has jurisdiction to try the case.Decision: It is not a jurisdictional defect and one which deprives the trial courtof its authority to try, convict, and pass sentence, that a criminal action isbrought in the name of the city of Manila instead of the United States. That factconstitutes a mere defect or error curable at any stage of the action does notdeprive the court of the power to pronounce a valid judgment and impose avalid sentence. Offenses committed in the Philippines are crimes against thepeople of the Philippines. /vvverga Page 4 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga VIII.Characteristics of criminal law A. GENERAL -- criminal law is binding on all persons who live or sojournin Philippine territory (art 14, New Civil Code). People vs. Galacgac Facts: Enrique Galacgac was a naturalized US citizen. He arrived in thePhilippines to visit his wife and in his possession is a gun, which is gift to thesaid spouse. Upon reaching his in-laws home, he and his wife had a fight,which caused his brother in law to beat him on the head. In retaliation, hefired indiscriminately wounding his wifes brothers and sisters. He was accusedof attempted parricide but retorted that the Philippines has no jurisdiction overhim since he is an American Citizen.Issue: W/N Galagcac enjoys extra-territoriality rightsDecision: No. No foreigner enjoys in this country extra-territorial right to beexempted from its laws and jurisdiction, with exception of heads of states anddiplomatic representatives who, by virtue of customary law of nations, are notsubject to the Philippine territorial jurisdiction.Note: As a general rule, the jurisdiction of the civil courts is not affected by themilitary character of the accused US vs. Sweet Facts: Sweet was an employee of the US Army in the Philippines. He assaulteda prisoner of war for which he was charged with the crime of physical injuries.Sweet interposed the defense that the fact that he was an employee of the USmilitary authorities deprived the court if the jurisdiction to try and punish him.Issue: W/N Philippine courts have jurisdiction to try SweetDecision: An assault committed by a military employee upon a prisoner of war is a violation of the general penal law, and as such it imposes criminalresponsibility. Jurisdiction of the civil tribunals is unaffected by the military orother special character of the person brought before them for trial, unlesscontrolled by express legislation to the contrary. Exemptions to the Principle of Generality 1.Persons subject to Military Law (Art. 2 of the Commonwealth ActNo. 408, articles of war) are not immune from suit but arecovered by the articles of war.(a)Officers, members of nurse corps and soldiers belonging tothe regular forces of the Philippine Army(b)All reservist from the date of theor call to active duty andwhile on such active duty(c)All trainees undergoing military duty(d)All persons lawfully called/drafted(e)Cades. Flying cadets and probationary third

lieutenants(f)Retainers to the camp(g)All persons under sentence adjudged by courts martial2.As provided in the treaties and laws of preferential application.Example:(a)Bases agreements between US and Philippines and RP-USVisiting Forces Accord.(b)RA No. 75 law of preferential application in favor of diplomatic representatives. It extends the diplomaticprivilege to the members of the household and domesticservants that were registered with the DFA(c)The constitution is a law of preferential operation3.By virtue of principles of Pubic international law these peoplepossess immunity from the criminal jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the lawof that country: Absolute Exemptions (a)Sovereigns and other chiefs of state(b)Ambassadors, ministers plenipotentiary, ministers resident,and charges daffaires, ambassadors extraordinary (ViennaConvention on Diplomatic Relations and Protocol) Relative Exemptions (c)consuls and vice consuls: honorary consuls not exempted. Note: a)Public International Law and treaties are deemed part of the law of theland.b)For a person to be immune, he/she must be able to invoke a provisionof public international law/treaty; law of preferential application orcustomary international law. Schneckenburger vs. Moran Facts: Petitioners is a honorary consul of Uruguay in manila charged withfalsification of private documents. He objected on the jurisdiction of the Courts /vvverga Page 5 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga of First Instance on the ground that under the Philippine an US constitution,lower courts have no jurisdiction to try himIssue: W/N the lower courts have jurisdiction to try the consul.Decision: It is well settled that a consul is not entitled to the privileges andimmunities of an ambassador or minister, but is subject to the laws andregulations of the country to which he is accredited. A consul is not exemptfrom criminal prosecution for violations of the laws of the country where heresides. Courts of First Instance were vested with original jurisdiction over allcriminal cases in which a penalty of more than six months' imprisonment or afine exceeding one hundred dollars might be imposed. Such jurisdictionincluded the trial of criminal actions brought against consuls. Time Inc. vs. Reyes Facts: Enrile and Villegas filed a suit against Time Inc for an article regardingcorruption in Asia where the two were featured. RA 4363 provides that publicofficials should file their petitions in the place where they are rendering theirservice. Villegas filed his petition in Rizal and not in Manila.Issue: W/N the case will prosper and W/N corporations may be suedDecision: The rule is that where a statute creates a right and provides a remedyfor its enforcement, the remedy is exclusive; and where it confers jurisdictionupon a particular court, that jurisdiction is likewise exclusive, unless otherwiseprovided. Hence, the venue provisions of Republic Act No. 4363 should bedeemed mandatory for the party bringing the action, unless the question of venue should be waived by the defendant which was not the case here. Acorporation is immune from suit but it may, by writ of prohibition, seek relief against the wrongful assumption of jurisdiction. And a foreign corporationseeking a writ of prohibition against further maintenance of a suit, on theground of want of jurisdiction, is not

bound by the ruling of the court in whichthe suit was brought. WHO vs. Aquino Facts: Respondent judge issued a search warrant for the search and seizure of the personal effects of the petitioner, an official of the WHO. Despiteintervention of the Solicitor General and the DFA that Mr. Verstuyft is coveredwith diplomatic immunity, the judge refused to withdraw the search warrant.Issue: W/N the action of the judge is a violation of RA 75 and thus an abuse of discretion.Decision: Yes. It is a recognized principle of international law and under oursystem of separation of powers that diplomatic immunity is essentially apolitical question and courts should refuse to look beyond a determination bythe executive branch of the government, and where the plea of diplomaticimmunity is recognized and affirmed by the executive branch of government as,in the case at bar, it is then the duty of the courts to accept the claim of immunity upon appropriate suggestion by the principal law officer of thegovernment, the Solicitor General in this case, or other officer acting under hisdirection. Hence, in adherence to the settled principle that courts may not soexercise their jurisdiction by seizure and detention of property, as to embarrassthe executive arm of the government in conducting foreign relations, it isaccepted doctrine that "in such cases the judicial department of (this)government follows the action of the political branch and will not embarrass thelatter by assuming an antagonistic jurisdiction." B. PRINCIPLE OF TERRITORIALITY -- As a rule. Penal laws of thePhilippines are enforceable only within its territory. If the power todefine crimes is the power of the sovereign, it must be followed thatsuch sovereign can only exercise such power within its jurisdiction/territory.1.Territory2.Atmosphere3.Interior Waters4.Maritime zoneNote: Limits of the territorial sea (by UNCLOS) is only 3 miles from theseashore. What is followed now is the 12-mile rule plus the 12-mile contiguouszone. But for purposes of criminal law, our jurisdiction only extends to theterritorial sea. Classification of Vessels: 1.Foreign public vessels war vessels/war ships (ex. Lawton Ship in USvs. Fowler). War vessels are considered to be an extension of thenationality of the owner of said vessel and cannot be subjected to thelaws of the state (a)Foreign Public VesselsUS vs. Fowler Facts: Theft was committed on board a transport while navigating the highseas. The accused were brought to trial and defendants contends that theCourt of First Instance have no jurisdiction over the case because the crimewas committed in a foreign public vessel and on high seas.Issue: W/N the court has jurisdiction to try the case.Decision: No. Courts of First Instance of the Philippines have no jurisdiction totake cognizance of crimes committed on the high seas on board of a tr ansportor other vessel not registered or licensed in the Philippines. Warships are /vvverga Page 6 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga always reputed to be the territory of the country to which they belong ancannot be subjected to the laws of another state. A US Army transport isconsidered a warship.2.Foreign merchant vessels more or less subjected to the territoriallaws.Note: The state is not obligated to give immunity on crimes done in foreignpublic vessels. This is just a matter of comity.

Rules as to jurisdiction over crimes committed aboard foreign merchantvessels while in the territorial waters of another country 1.French Rule such crimes are not triable in the courts of thatcountry, unless their commission affects the peace and security of the territory or the safety of the state is endangered. Frenchcourts therefore claim exclusive jurisdiction over crimescommitted on board French merchant vessels in foreign ports byone member of the crew against another. (US vs. Bull)5.English Rule The English only exercise their jurisdiction on issuesthat involve the internal management of vessel, otherwise, suchcrimes are triable in that country where they were committed.(US vs. Bull)Note: In the Philippines, we observe the English rule (a)Foreign Merchant VesselsUS vs. Bull Facts: H.N Bull, who was the master of a vessel transporting cattle, carabaoand other animals from Formosa to Manila, failed to provide suitable means forsecuring animas while they are in transit. Such neglect was a violation of Act.No. 275 of the Philippine Commission. Bull contends that the Philippine courtshave no jurisdiction over his offense.Issue: W/N the Philippines has jurisdiction over this case.Decision: When a vessel comes within 3 miles from the headland whichembrace the entrance of Manila Bay, the vessel is within the territorial watersand thus, the laws of the Philippines shall apply. A continuing crime committedon board a Norwegian merchant vessel sailing to the Philippines is within the jurisdiction of the courts of the Philippine when the forbidden conditions existedduring the time the ship was within the territorial waters, regardless of the factthat the same conditions existed when the ship sailed from the foreign port andwhile it was on the high seas. (b)Foreign Merchant Vessel In TransitUS vs. Look Chaw Facts: The defendant was charged with unlawful possession and sale of opium.He was on board the steamship Errol, which was of English nationality, whichcame from Hong Kong and was bound to Mexico via the ports of Manila. Thedefense moved for the dismissal of the case on the ground that the courts haveno jurisdiction since the act does not constitute a crime.Issue: W/N the courts have jurisdiction over a foreign vessel in transit.Decision: Mere possession of opium aboard a foreign merchant vessel intransit is not triable in the Philippines, because that fact alone does notconstitute a breach of public order. The mere possession of opium on such aship, without being used in our territory, does not bring about in this countrythose disastrous effects that our law contemplates on avoiding. But our courtsacquire jurisdiction when the tunes of opium are landed from the vessel onPhilippine sol. Landing or using opium is an open violation of the Philippinelaws. (c)Foreign Merchant Vessels not in transitUS vs. Ah Sing Facts: Defendant is a fireman of the steamship Shun Chang, a foreign steamer,which docked at the port of Cebu. Defendant brought eight cans of opium andupon inspection, authorities found said substances. A charge of illegalimportation was served against him.Issue: W/N the crime of illegal importation of opium in to the Philippines wasproven.Decision: When a foreign merchant vessel is not in transit because thePhilippines is its terminal port, the person in possession of opium on board thevessel is liable, because he may be held guilty of illegal importation of opium.Importation is complete when the ship anchored in the Philippine port. It is notnecessary that the opium be discharged or taken from the ship (US vs. Jose). Exemptions to the territorial application of criminal law Article 2 of RPC provides that its provisions shall be forced outside of the jurisdiction of the Philippines against those who:1)Should commit an offense while on a Philippine ship or airship.Note: A Philippine vessel

or aircraft must be understood as that which isregistered in the Philippine Bureau of Customs. It is the registration of thevessel or aircraft in accordance with the laws of the Philipp ines, not thecitizenship of its owner, which makes it a Philippine ship or airship. /vvverga Page 7 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga 2)When the offender should forge or counterfeit any coin or currencynote of the Philippines or obligations and securities by theGovernment.Note: Counterfeiting or forging Philippine coins or bank notes in a foreigncountry may be prosecuted before Philippine civil courts.3)When the offender should be liable for acts connected with theintroduction to the Philippines of the obligations and securitiesmentioned in the preceding number.Note: Introducing fake currency in the Philippine is as dangerous as forging orcounterfeiting of the same, to the economical interest of the country.4)When the offender, while being a public officer or employee, shouldcommit an offense in the exercise of his functions.Note: crimes that may be committed, even in abroad, in the exercise of publicfunctions are:a)direct briberyb)indirect briberyc)frauds against the public treasuryd)possession of prohibited intereste)malversation of public funds or propertyf)failure of accountable officer to render accountsg)illegal use of public funds or propertyh)failure to make delivery of public funds or propertyi)falsification by a public officer or employee committed withabuse of his official position.5)When the offender should commit any of the crimes against thenational security and law of nations.Note: This include, treason, conspiracy and proposal to commit treason,espionage, inciting was and giving motives for reprisals, violation of neutrality,correspondence with hostile country, flight to enemys country, piracy andmutiny on the high seas. People vs. LOL-LO and SARAW Facts: The defendants were charged of the crime of piracy for pirating twoDutch boats as well as raping two of the women. Defendants contend that theprovisions of the penal code dealing with piracy are no longer in force.Issue: W/N the provisions of the penal code dealing with the crime of piracyare still in force.Decision: Yes. By virtue of the Treaty of Paris, Spain ceded the PhilippineIslands to the US. It is but a logical construction that wherever "Spain" ismentioned in the Penal Code, it should be substituted by the words "UnitedStates" and wherever "Spaniards" are mentioned, the word should besubstituted by the expression, "citizens of the United States and citizens of thePhilippine Islands." Piracy is a crime not against any particular State butagainst all mankind. It may be punished in the competent tribunal of anycountry where the offender may be found or into which lie may be carried. The jurisdiction of piracy unlike all other crimes has no territorial limits.Note: This case is an exception to the exception. C. PRINCIPLE OF IRRESTROSPECTIVITY OR PROSPECTIVITY penal law cannot make an act punishable in a manner in which it wasnot punishable when it was not committed. At 366 of RPC providethat crimes are punished under the laws in force at the time of theircommission. It is logical for laws to look forward and not backward. Nullum crimen, nulla poena sine lege -- There is no crime when there is nolaw punishing the same. This is true to civil law countries, but not to commonlaw countries. US vs. Macasaet Facts: The defendant was proven guilty of selling native wine at retail

withoutthe license required by law. He was sentenced to pay a fine and was alsosentenced to imprisonment in case of insolvency with respect to the fineimposed. The judge imposed a sentence with heavier penalty in accordancewith a new law, which took effect two months after the trial.Issue: W/N Act. No. 1732 which imposed both the fine and the imprisonmentshould be applied on this case.Decision: No. Inasmuch as Act No. 1732 did not go into force until after thecommission of the offense, subsidiary imprisonment can not be lawfullyimposed. Penal statutes cannot be made retroactive with respect to a crime, orother offense, unless they are favorable to the person accused. Ex post facto laws Rule: No ex post facto laws shall be enacted.An ex post facto law is one which:(1) makes criminal in act done before the passage of the law and which wasinnocent when done, and punishes such in act.(2) aggravates a crime, or makes it greater than it was, when co mmitted; /vvverga Page 8 of 100 Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga (3) changes the punishment and inflicts a greater punishment than the lawannexed to the crime when committed;(4) alters the legal rules of evidence, and authorizes conviction upon less ordifferent testimony than the law required at the time of the commission of theoffense;(5) assuming to regulate civil rights and remedies only, in effect imposespenalty or deprivation of a right for something which when done was lawful;and(6) deprives a person accused of a crime of some lawful protection to which hehas become entitled, such as the protection of a former conviction or acquittal,or a proclamation of amnesty. In re: Kay Villegas Kami, Inc. Facts: The petitioners are assailing the constitutionality of Sec. 8 (a) and 18 of RA No. 6132 saying that it is an ex post facto law. The said law prohibits thepetitioners nominee to be nominated in the constitutional convention since herepresents a part.Issue: W/N the said law is an ex post facto law and thus unconstitutional.Decision: No. The prohibition against ex post facto laws applies only to criminalor penal matters, not to laws, which concern civil matters. Although section 18penalizes a violation of any of the provision of RA 1632, the penalty is imposedonly for acts committed after the approval of the law and not those perpetuatedprior thereto. Bill of Attainder as Ex Post Facto LawPeople vs. Ferrer Facts: The defendants assail the constitutionality of RA No. 1700 or the AntiSubversion Act on the ground that is a bill of attainder.Issue: W/N the law is unconstitutionalDecision: A bill of attainder is a legislative act, which inflicts punishmentwithout trial. Its essence is the substitution of a legislative for a judicialdetermination of guilt. Section 4 of the Anti-Subversion Act expressly statesthat the prohibition therein applies only to acts committed "After the approvalof this Act." Only those who "knowingly, willfully and by overt acts affiliatethemselves with, become or remain members of the Communist Party of thePhilippines and/or its successors or of any subversive association" after June20, 1957, are punished. Exceptions to the prospective application of criminal laws (When penallaw apply retroactively)1.When favorable to the accusedPeople vs. MacasaetEscalante vs. Santos Facts: Petitioner was convicted for the crime of estafa and was sentenced toserve for 2 years and 11 months imprisonment to indemnify the offended party.After 3 years, he has not yet been released. He is petitioning for habeascorpus.Issue: W/N the petition is

justified.Decision: Yes. The petitioner, having already served for more than three yearsis entitled to be discharged under the provisions of Art. 22 of the penal code.The principle of the retroactivity of penal laws in so far as it is favorable to thedefendant is sanctioned by the Revised Penal Code. Even if the accused isserving final judgment, as long as he is not a habitual delinquent, he can availof the amended, lighter penalty.(a)Degree of Imposable Penalty is reduced People vs. Subido Facts: CFI of Manila found the accused guilty of libel and is hereby sentenced to3 months of arresto mayor with accessory penalties of the law, to pay a fine of 500 pesos, to indemnify the offended party, Mayor Arsenio Lacson in the sumof 10,000 pesos with subsidiary imprisonment in case of insolvency. Appealedto the Court of Appeals. The CA ordered the accused to pay a fine of 500 pesosand indemnity is reduced to 5,000 pesos only. Appellant said that he could notbe required to serve the amount of fine and indemnity in the form of subsidiaryimprisonment because said judgment did not expressly provide that. This wasdenied. Sheriff then attached whatever rights, interest of accused in the two-storey building, but the same was registered in the name of Agapito Subido,and so he filed a third party claim enjoining the sheriff to proceed with the sale.Lower court issued a writ of injunction. Lower court states that he should suffersubsidiary imprisonment, even if the same was not stated in the decision of CA.Issue: W/N Subido be required to suffer subsidiary imprisonment, in case of insolvency to pay his civil liability.Decision: No. Accused-appellant is favored by the retroactive force of Art. 39of the RPC, as amended by R.A. 5465 which exempts an accused person fromsubsidiary imprisonment in case of insolvency to pay his civil liability.Considering that Art. 39, as amended is favorable to the accused, the sameshould be made applicable to him. It is so provided in Art. 22 of the RPC.Applying Art. 39 as amended, he cannot also be required to serve his civilliability to the offended party in form of subsidiary imprisonment because this isno longer required by the aforesaid article. /vvverga Page 9 of 100 of 110 Leave a Comment Comment must not be empty. You must be logged in <http://www.scribd.com/login> to leave a comment. Submit Characters: 400 Comment must not be empty. You must be logged in <http://www.scribd.com/login> to leave a comment. Submit Characters: ... CRIMINAL LAW 1 REVIEWER (Padilla Cases and Notes+Ortega Notes) Criminal Law 1 Reviewer and Ortega Notes Ateneo Law School Download or Print /35,692 Reads/ Info and Rating Category: Government Docs <http://www.scribd.com/explore/Government-Docs> Rating: (7 Ratings) Upload Date: 04/07/2009

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