CRI 01

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Criminal law 01

REVISED PENAL CODE OF THE PHILIPPINES

(Act No. 3815, as amended)
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
Spanish Civil Code July 14, 1887

Act No. 3815 January 1, 1932

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

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

Sources of Philippine Criminal Law:

1. The Revised Penal Code (Act. No. 3815)

2. Special Penal Laws passed by the Philippines Commission, Philippines Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines, and the
Batasang Pambansa.
3. Penal Presidential decrees issued during Martial Law.

Note:

a. Court decisions are not sources of criminal law because they merely explained the
meaning of, and apply, the law as enacted by the legislative branch of government
b. The state has the authority, under its police power, to define and punish crimes.
c. The rights of prosecution and punishment for a crime is one of the attributes that by
natural law belongs to the sovereign power instinctively charged by the common will
of the members of the community.

Limitations: Bill of Rights (Art. III. Sec. 14, 1987 Constitution)

1. No ex post facto law (a bill that punishes an act that when committed was not
punishable) or bill of attainder (a legislative act which inflicts punishment without
trial) shall be enacted (Art III sec22)
2. No person shall be held to answer for a criminal offense without due process of law
(Art III, sec. 14

Constitutional Rights of the accused:

 1. Right to a speedy disposition of case
2. Due process
3. Right to bail (except for crimes punishable with reclusion perpetua.
4. Presumption of innocence, right to representation by counsel, right to be informed of
the charges, to confront witnesses against him and to present witnesses in his favor
5. Right against self-incrimination
6. Right against excessive fines and cruel and degrading or inhuman punishment
( against torture and solitary confinement)
7. Right against double jeopardy
8. Right of free access to court and quasi-judicial bodies.

Statutory rights of the accused:

1. Accused has the right to be presumed innocent until the contrary is proved beyond
reasonable doubt.
2. To be informed of the nature and cause of the accusation against him
3. To be present and defend in person and by counsel at every stage of the proceedings
4. To testify as a witness in his own behalf
5. To be exempt from being compelled to be a witness against himself
6. To confront and cross-examine witnesses against him at the trial.
7. To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf
8. To have speedy , impartial and public trial
9. To appeal in all cases allowed and in the manner prescribed by law.

Note: A right which may be waived is the right of the accused to confrontation and
cross-examination

Characteristics of Criminal Law:

1. General binding on all persons living and or sojourning in the Philippines

2. Territorial effective on all territories as mentioned in Art. I of the 1987 Constitution
Exceptions:
a. while on a Philippine registered ship or airship
b. Counterfeiting of coins and/or currency note or obligations and securities of the
Philippnes
c. Introduction of the above in the Philippines
d. While being public officers or employees, should commit an offense of their
function
e. Crimes against the national security and the law of nations (Title One off Book
two RPC)

3. Prospective not retroactive when injurious to affected persons but allowable when
favorable.
Exceptions:
 a. Where the law is expressly made inapplicable to pending actions or existing
causes of actions
b. Where the offender is a habitual criminal under Rule 5, art. 62, RPC (Art. 22
RPC)
c. When the new law and the old law penalizes the same offense, the offender can be
tried under the old law
d. When the new law fails to penalize the offense under the old law, the accused
cannot be convicted under the new law.
e. A person erroneously accused and convicted under a repealed law may be
punished under the repealing statute.
f. 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.

Notes:

1. Jurisdiction of the civil court is not affected by the military character of the accused.
2. Civil courts have concurrent jurisdiction with general courts martial over soldiers of
the AFP
3. Military courts have jurisdiction over cases considered to be service-connected
crimes or offenses and apply the Articles of war (Commonwealth Act No. 408) and
not the revised Penal Code.
4. Prosecution in a court martial is a bar to another prosecution of the accused for the
same offense.
5. War crimes are triable by military commission.

Exceptions to the general application of Criminal Law: (Except as provided in the treaties
and laws of preferential application)

1. Treaties or treaty stipulations

2. Law of preferential application - RA No. 75 in favor of diplomatic representatives
and their domestic servants
3. Sovereigns and other chiefs of state / ambassador / ministers plenipotentiary /
ministers resident / charges daffaires.

Construction of Penal Law:

1. Penals laws are strictly construed against the government and liberally in favor of the
accused.
2. In the construction or interpretation of the provisions of the revised Penal Code, the
SPANISH TEXT is controlling.

ARTICLE 1: Time when Act takes effect. - This code shall take effect on the first day of
January, nineteen hundred and thirty two.

The Revised penal Code is based mainly on the principles of the classical school
Characteristics of the Classical school:

a. Criminal liability is freewill and the purpose of penalty is retribution

b. Man is a moral creature with freewill to choose between good and evil
c. It has endeavored to established a mechanical and direct proportion between crime
and penalty.
d. There is scant regard to the human element.

Characteristics of the Positivist school:

a. Man is subdued occasionally by a strange and morbid phenomenon which constrains

him to do wrong
b. Crime is essentially a social and natural phenomenon

ARTICLE 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 Philippine ship or airship;

(a vessel is considered Philippine vessel if registered with the bureau of customs)
2. Should forge or counterfeit any coin or currency note of the Philippines Islands
or obligation 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
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One Book Two of this Code.

Notes

1. Warships are always reputed to be the territory of the country to which they belong and
cannot be subjected to the laws of another state.

Extra-territorial application of RA No. 9372 (Human Security Act March 6, 2007) This
act shall apply:

1. Individual persons who commit any of the crimes defined and punished in the act
within the territory as mentioned in Article I of the 1987 constitution.
2. To individual persons who, although outside of the the territorial limits of the
Philippies, commit, conspire of plot any of the crimes defined and punished in the Act
inside the territorial limits of the Philippines.
3. To any individual, although physically outside of the territorial limits of the
Philippines, commit any said crimes on board a Philippine ship or airship.
 4. To individual who commit crimes while inside the embassy or diplomatic premises of
the Philippines.
5. To individual, although outside of the Philippines, commit crimes against Philippine
citizens or persons of Philippine descent where their citizenship was a factor in the
commission of the crime.
6. Those who commit crimes directly against the Government of the Philippines.

ARTICLE 3. Definitions. Acts and omissions punishable by law are felonies (delitos).

Felonies are acts and omissions punishable by the Revised Penal Code.

Elements of felonies:

1. There must be an act or omission

2. That the acts are punishable by the RPC
3. That the act or the omission incurred by means of dolo or culpa.

Act - any bodily movement tending to produce some effect in the external world.

Omission means inaction, the failure to perform a positive duty which one is bound to do (or
required by law).

Notes:

1. nullum crimen, nulla poena sine lege there is no crime when there is no law
punishing it.

Classification of felonies:

1. Intentional felonies (acts committed or omitted with dolo or intent/malice)

a. Dolo deceit / dolus malice the intent to do an injury
2. Culpable felonies [culpa fault] (committed or omitted without intent/malice)
a. The injury caused was unintentional, it being simply the incident of another
act performed without malice.
b. The wrongful act results from imprudence [deficiency of action], negligence
[deficiency of perception], lack of foresight or lack of skill.
3. Crimes punished by special laws.

Three reasons why the act of omission in felonies must be voluntary:

1. The basis of criminal liability is human freewill

2. Man is a rational being
3. In felonies by dolo, the act ids performed with deliberate intent which must be voluntary.

Note:
 In felonies committed by means of dolo, as well as those committee by eans of culpa, the act
performed or the omission incurred by the offender is voluntary, but the intent or malice in
intentional felonies is replaced by imprudence, negligence, lack of foresight or lack of skill in
culpable felonies..

Requisites of Dolo or malice:

1. Freedom
2. Intelligence
3. Intent

Notes:

1. Intent presupposes the exercise of freedom and the use of intelligence

2. The existence of intent is shown by the overt acts of a person
3. Intent is a mental state, the existence of which is shown by the overt acts of a person.
4. Criminal intent is presumed from the commission of an unlawful act
5. There is no crime by dolo if there is no intent (People vs. Beronilla 96 Phil. 566)
6. Mistake of fact - is misapprehension of fact on the part of the person who caused injury
to another. It relieves the accused from criminal liability

Requisites of mistake of facts as a defense:

1. That the act done would have been lawful had the facts been as the accused believed
them to be.
2. That the intention of the accused was lawful
3. That the mistake must be without fault or carelessness on the part of the accused.

Notes:

1. Lack of intent to commit crime may be inferred from the facts of the case.
2. In mistake of fact, the act done would have been lawful had the facts been as the
accused believed them to be.

What constitute a mistake of fact:

1. A justifying circumstance (under art. 11)

2. An absolutory cause
3. An involuntary act
4. Example: US vs. ah Chong (15 Phil. 488)

On Crimes punished by special laws:

Crime the commission of an act prohibited by special laws (as opposed to RPC)

Notes:
 1. Dolo is not required
2. Intent in not necessary
3. It is enough that the prohibited act is done freely and consciously
4. The act alone constitute the offense
5. Good faith and the absence of criminal intent are not valid defense in crimes punished
by special laws. (People vs. Orquijo. 60 OG 836)
6. Motive is not relevant when there is no question as to the identity of perpetrator
7. Motive does not take the place of proof beyond reasonable doubt

Mala in se and mala prohibita:

Mala in se wrongful from their nature

Mala Prohibita wrong merely because prohibited (act made criminal by special laws)