SISON, Klaudyn Macapagal

4LM3

Atty. Herrera
02/21/15

CRIMINAL LAW
A body of rules and statutes that defines conduct prohibited by the government
because it threatens and harms public safety and welfare and that establishes punishment
to be imposed for the commission of such acts.
CRIME AND FELONY
Crimes are usually categorized as felonies or misdemeanors based on their nature and
the maximum punishment that can be imposed. A felony involves serious misconduct that
is punishable by death or by imprisonment for more than one year. Most state criminal
laws subdivide felonies into different classes with varying degrees of punishment. Crimes
that do not amount to felonies are misdemeanors or violations. A misdemeanor is
misconduct for which the law prescribes punishment of no more than one year in prison.
Lesser offenses, such as traffic and parking infractions, are often called violations and are
considered a part of criminal law.
DOLO- (deceit) There is deceit when the act is performed with deliberate intent. And
CULPA- (fault) There is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
FELONY- Act or omission punishable by law (deceit and fault)
Characteristics of Criminal law:
A) Generality That the law is binding upon all persons, who reside or sojourn in the
Philippines, irrespective of age, sex, color or personal circumstances.
Exceptions:
1) Provided by Public International Law Art. 14 Civil Code & Schneckenburger vs.
Moran 63 Phil. 250) Sovereigns, heads of states, ambassadors, ministers
plenipotentiary, Ministers- resident, charges daffairs and attaches. As regards consuls and
vice-consuls,their exemption will depend upon a treaty stipulation, except an Honorary
Consul.
2) Treaty Stipulations; (Ex. PI & US Military Bases Agreement & Visiting Forces

Agreement)RA 75 extends immunity to the domestic servants of duly accredited

ambassadors, if registered in the DFA, if in the country of the ambassadors, also provided
similar protections to duly accredited ambassadors of the Philippines.
3) Laws of Preferential Applications- Constitution- Ex. Members of Congress are not
liable for Libel or Slander in connection withany speech delivered on the floor of the
house during a regular or special session ( Art. IV, Sec. 11, l987 Constitution)
B) Territoriality Article 2, RPC provs. of the RPC shall be enforced within the
Philippine Archipelago, including its atmosphere,interior waters and maritime
zone( before it was 3 miles from the outermost coastline. But now, under the Archipelagic
Doctrine adopted in the new Phil. Const. and the Conference of the Law on the Sea, this
distance is now 12 Nautical Miles from the baselines.Beyond the maritime zone, is the
high seas, which are beyond our territorial jurisdiction. The national territory comprises
the Philippine Archipelago with all the islands and waters embraced therein, and all other
territories over which the Phils. has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea, seabed, subsoil insular
shelves and submarine areas. The waters Around, Between, and Connecting the islands of
the archipelago regardless of their Breadth and Dimensions, form part of the internal
waters of the Philippines (Archipelagic Doctrine- Art. 1, l987 Constitution).Our criminal
law has also an Extra-Territoriality chars. Article 2, RPC:
1) Should commit an offense while on a Philippine ship or airship- this must be duly
registered under the Phil. Laws and considered an extension of the Phil. National
Territory, But if said Phil. Vessel or aircraft is within the territory of a foreign country
when the crime is committed, the laws of that country will apply. But if the accused in a
registered Philippine vessel committed homicide on board said vessel while in the
territorial waters of a foreign country, like Vietnam, was not prosecuted before the
Vietnam Court, he could be tried before our Court, following the provs. of Rule 110 of
the Revised Rules of Criminal Procedures (Pp. vs. Togoto- CA- 68 Off Gaz. 8317)If the
Phil. Ship is not registered and a crime is committed in the high seas, our rules will not
apply as said law clearly provides that only duly registered vessel is covered (Pp. vs.

Julmain May 30, l959). Under the New Rules on Criminal Procedures (Jan. 1,l985),
the phrase registered or licensed under the Phil. Laws are deleted & substituted with
subject to the generally accepted principles of international law. Philippine warship,
whatever it is, is an extension of the Philippines and its sovereignty. If the foreign vessel
is also a warship, our courts have no jurisdiction as such is an extension of the country to
which these vessels belong ( US. vs.Fowler 1 Phil. 614)
On foreign merchant vessels, there are two rules that are followed:
1) FRENCH RULE that crimes committed on board a foreign merchant vessel while on
the waters of another country are not triable in that country unless those affecting the
peace and security of that country or the safety of that state is endangered.
2) ENGLISH RULE that such crimes are triable in that country unless such crimes
affect merely the internal management of the vessel. This is also known as the AngloAmerican Rule. This is the rule that we followed in our jurisdiction (US vs. Bull- 15
Phil. 7). This includes continuing crime committed on board a foreign vessel sailing from
a foreign port and which enters Philippine waters is triable in our courts.U.S. vs. Look
Chow - 18 Phil 573- mere possession of opium on board a foreign vessel in transit in
Philippine waters as such does not involve a breach of public order unless the opium is
landed in our Philippine soil.U.S. vs. Wong Cheng- 46 Phil 729 this already involves
breach of public order because the accused smoked opium while inside the vessel. This
already causes such drugs to produce its pernicious effects within our country.
2) Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Govt. of the Philippine Islands.- reason behind is
to maintain and preserve the financial credit and stability of the State.Ex. of obligationsweepstakes ticket & lotto.
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 a public officers or employees, should commit an offense in the exercise

of their functions. Ex. Bribery, Malversation.Article 203 RPC- Who are public officersAny person, who, by direct provision of the law, popular election, or appointment by
competent authority, shall take part in the performance of public functions in the Govt. of
the Philippine Islands or shall perform in said Govt. or in any of its branches, public
duties as an employee, agent or subordinate official or any rank or class.
5) Should commit any of the crimes against National Security and the Laws of Nations.
Ex. Piracy and Mutiny Laws of Nations.Treason and Espionage Crimes against
National Security.
Piracy shall be committed by any person, who on the high seas or Philippine waters,
shall attack or seize a vessel, or not being a member of its complement nor a passenger,
shall seize the whole or part of the cargo of said vessel, its equipment, or personnel
belonging to its complement or passengers.Mutiny is the unlawful resistance to a superior
officer, as the raising of commotions and disturbance on board a ship against the authority
of the commander.
Treason is committed by any Filipino citizen who levies war against the Phils. or
adheres to her enemies, by giving them aid or comfort within the Phils. or elsewhere.
Espionage: - is committed by any person:
1) who without authority, enters a warship, fort, or naval or military estab., or
reservations to obtain any info., plans, photographs or other data of a confidential nature
relative to the defense of the Phil. Archipelago;
2) being in possession, by reason of the public office he holds, of the articles, data or info,
discloses their contents to a rep. of aforeign nation.C) Prospectivity or Irretrospectivitymeans that generally penal laws should have only prospective application (Arts. 21 & 22RPC).
Exception if this is favorable to the accused ( has retroactive effect).Exception to the
exception if the accused is a habitual delinquent.
MOTIVE AND INTENT
Motive is the moving power which impels one to action for a definite result, whereas
intent is the purpose to use a particular means to effect such result. Motive is often not an

element of a crime, while intent normally is. The question of motive then suggests an
inquiry into the state of mind of a person and his thoughts (which is difficult, if not
impossible, to conclusively determine), while intent can be established based on a
persons manifest, external actions, e.g., intent to kill is established when a person inflicts
mortal wounds on a person. By distinguishing between intent and motive, the chances of
legislating thought-crimes are avoided since the commonly required element of
criminal intent will only be manifested once there are overt acts (or omissions) by an
accused. It is a principle in criminal law that one is punished for ones actions, not for
what one thinks.