CRIMINAL LAW (ART 1-3)

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1. Define CRIMINAL LAW. Criminal law is that branch or division of law which defines crimes, threats of their
nature and provides for their punishment.
2. Define crime. Crime is an act committed or omitted in violation of a public law forbidding or
commanding it.
3. What are the 3 sources of Philippine Criminal 1. The RPC (Act No. 3815) and its amendments
Law?
2. Special Penal laws passed by the legislative department

3. Penal Presidential decrees passed during Martial Law.

4. Are court decisions considered as sources of No, court decisions are not sources of criminal law because they merely explain the
criminal law? meaning of, and apply the law as enacted by the legislative branch of the
government.
5. Who has the power to define and punish The State under its police power has the authority to define and punish crimes and
crime? to lay down the rules of criminal procedure
6. What are the two limitation on the power of 1. No ex post facto law or bill of attainder shall be enacted (Art III, Sec.22)
the law making body to enact penal
legislation? 2. No person shall be help to answer for a criminal offense without due process of
law (Art. III, Sec 14(1) )
7. What is an ex post facto law? an ex post facto law is one which:

1. declares an act to be a crime after someone has committed a deed

2. aggravates a crime

3.changes the punishment and inflicts greater punishment

4. alters the legal rules of evidence

5. assumes to regulate civil rights & remedies only

6.deprives a person accused of some lawful protection to which he is entitled

8. What is a bill of attainder?
9. What are the constitutional rights of the
accused as provided in the Bill of Rights?
A bill of attainder is a legislative act that inflicts punishment without trial.
1. Speedy Trial
2.Due Process of law
3. Right to bail except those charged with offenses punishable by reclusion
perpetua
4. Presumption of innocence
5. Right against self incrimination
6. No excessive fines, cruel and unusual punishment
7. double jeopardy for the same crime
8. right to have assistance from a counsel and free access to courts
10. What are the statutory 1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
rights of the accused?
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, from arraignment
to promulgation of the judgment.

4. 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.

5. To be exempt from being compelled to be a witness against himself.

6. To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its
evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in the
Philippines, unavailable, or otherwise unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the adverse party having the opportunity to
cross-examine him.

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.

11. What right of the Right to confrontation and cross examination because this is a personal right.
accused may be
waived?
12. What right of the Right to be informed of the nature and cause of the accusation against him because this involves public
accused may not be interest.
waived?
13. What are the three 1. general
main characteristics of 2. territorial
criminal law? 3. prospective
14. Explain why criminal Criminal law is binding on all persons who live and sojourn in Philippine territory.
law is 'general'
15. Define concurrent Concurrent jurisdiction exists where two or more courts from different systems simultaneously have
jurisdiction. jurisdiction over a specific case.
16. Is the RPC or other NO. The Articles of War applies when the military court takes cognizance of a case involving
penal laws applicable
when the military
courts take
cognizance of the
case?
17. Does civil courts have Yes, even in times of war they have concurrent jurisdiction PROVIDED that in the place of commission of
concurrent jurisdiction the crime no hostilities are in progress and the civil courts are functioning.
with general courts-
martial over soldiers of
AFP?
18. Where are offenders Offenders accused of war crimes are triable by military commission?
accused of war crimes
triable?
19. What are the 1. Principles of Public International Law
exceptions to the 2. Treaties or Treaty Stipulations
general application of 3. Law of Preferential Application
criminal law?
20. What is a treaty? A formal agreement between two or more sovereign states
21. Give example of a An example is the Base Agreement entered into by RP and USA where it states that
treaty or treaty
stipulation that serves The Philippines consents that the United States shall have the right to exercise jurisdiction over the
as an exception to the following offenses:
general application of
our criminal law? (a) Any offense committed by any person within any base except where the offender and offended parties
are both Philippine citizens (not members of the armed forces of the United States on active duty) or the
offense is against the security of the Philippines;

(b) Any offense committed outside the bases by any member of the armed forces of the United States in
which the offended party is also a member of the armed forces of the United States; and

(c) Any offense committed outside the bases by any member of the armed forces of the United States
against the security of the United States.
22. Give example of a law Rep. Act No. 75 is considered a law of preferential application in favor of diplomatic representatives and
of preferential their domestic servants. This law penalizes acts which would impair the proper observance by the RP of the
application. immunities granted to foreign diplomatic representatives.
23. Who are exempted The following are not subject to the operation of our criminal laws:
from the operation of
our criminal laws by 1.Sovereigns and other chief of state
virtue of the principles
of public international 2.Ambassadors, ministers plenipotentiary, ministers resident and charges d'affaires
law?
24. Is a CONSUL entitled No, a consul is not entitled to the privileges and immunities of an ambassador.
to the privileges and
immunities of an
ambassador or
minister?
25. Explain why criminal The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within
law is 'territorial' its territory.
26. What is the extent of 1. Article 2 of the RPC provides that the said code shall cover within the Philippine Archipelago, including
the Philippine territory its atmosphere, its interior waters and maritime zone
for the purposes of
criminal law? 2. Article 1 of the 1987 Constitution provides that the national territory comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other 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 .
27. What are the exception to the territorial Article 2 of the RPC provides that the provisions of the code are still enforceable
application of criminal law? even if it is outside the jurisdiction of the Philippines 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 presiding number;

4. While being public officers or employees, should commit an offense in the

exercise of their functions; or

28. Explain why criminal law is 'prospective'
29. What are the exceptions to the prospective
application of criminal laws?
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.
It is prospective because a penal law cannot make an act punishable if it was not
punishable when committed. No ex post facto law or bill of attainder is allowed.
When the new statute is favorable for the accused.
EXCEPTION:
1. If the new law is made inapplicable to pending actions or existing causes of
action

2. if the offender is a habitual criminal

30. What are the effect of repeal of penal law? 1. if the repeal makes the penalty LIGHTER, the new law shall apply. EXCEPT when
the offender is a habitual delinquent

2. If the new imposes a HEAVIER PENALTY, the law in force shall apply.

3. If the new law totally repeals the existing law making the act no linger
punishable, then the crime is obliterated.
31. If the new law and the old law penalize the The offender can be tried under the old law.
same offense where can the offender be
tried?
32. What are the rules in the interpretation of The rules are as follows:
repealing laws?
1. Penal laws are strictly construed against the government and liberally in favor
of the accused.

2.The Spanish text is controlling because it was approved by the legislature in its
Spanish text
33. What administrative order created the Administrative Order No. 94 of the DOJ.
committee who revised the old Penal Code?
34. What did the committee do with the old Penal They merely revised the Old Penal Code and included in the draft the other penal
Code? laws related to it.
35. What is the period covered by the Ole Penal The Old Penal Code took effect on July 14, 1887 and was in force up to December
Code? 31, 1931.
36. When was the Revised Penal Code enacted? December 8, 1930.
37. When did the Revised Penal Code took January 1, 1932
effect?
38. What are the two theories in Criminal Law? The two theories in criminal law are:

1.the classical theory

2. the positivist theory

39. What are the characteristics of the classical 1. the basis of criminal liability is human free will and the purpose of penalty is
theory? retribution

2. Man is essentially a moral creature with a free will to choose between good
and evil, thus placing more stress on the result of the act rather than the criminal
itself.

3. to establish a mechanical and direct proportion between crime & penalty

4. There is a scant regard to the human element.

40. What are the characteristics of the positivist 1.that man is subdued occasionally by a strange and morbid phenomenon which
theory? constrains him to do wrong

2. that crime is essentially a social and natural phenomenon

41. Are par 1 & 2 applicable to an unregistered
vessel or aircraft owned by a Filipino?
42. What are the offense a public office may
commit in the exercise of his function?
43. What are the crimes against national security?
44. What are the two rules as to the jurisdiction over
crimes committed aboard foreign merchant
vessels?
NO. A vessel or aircraft which is unregistered or unlicensed does not come
within the purview of paragraphs 1 &2.
direct bribery, indirect bribery, fraud against public treasury, possession of
prohibited interest, malversation of public funds, failure of accountable officer to
render accounts, illegal use of public funds or property.
treason, conspiracy & proposal to commit treason, espionage
There are two rules as to jurisdiction over crimes committed aboard merchant
vessels while in the territorial waters of another country:
1. French rule - such crimes are not triable in the courts of that country, unless
their commission affects the peace & 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
45. Does PH court have jurisdiction over the crime No, disorders which disturb only the peace of the ship or those on board are to
of homicide committed on board a foreign be dealt by the sovereignty of the home of the ship but those which disrupts the
merchant vessel by a member of the crew public peace, the offenders may be punished by the authorities of the local
against another? jurisidiction.
46. Does PH courts have jurisdiction over offenses No, warships are always reputed to be the territory of the country to which they
committed on board FOREIGN WARSHIPS in belong and cannot be subjected to the laws of another state.
territorial waters?
47. Define FELONIES. Acts and omission punishable by law are felonies.
Felonies are committed not only be means of decit (dolo) but also by means of
fault (culpa)
48. What are the elements of felonies? 1. There must be an act or omission.

2.The act or omission must be punishable by the RPC

3. That the act is performed or omission incurred by means of dolo or culpa

49. Define the word ACT. ACT means any bodily movement tending to produce some effect in the
external world
50. Define the word OMISSION. OMISSION means the failure to perform a positive duty which one is bound to do. There
must be a law requiring the doing or performance of an act.
51. What does the maxim "nullum There is no crime when there is no law punishing it.
crimen, nulla poena sine lege"
means?
52. "Felony" is punished by penal laws, special statutes
while "crimes & offense" is punished
by?
53. What are the two classification of 1. intentional felonies - committed by deceit (dolo)
felonies?
2. culpable felonies - committed by fault (culpa)
54. When does the act qualifies as with When the offender, in performing an act or in incurring an omission has the intention to do
malice? an injury to the person,. property or right of another, such offender acts with MALICE.
55. When is there IMPRUDENCE? If a person fails to take the necessary precaution to avoid injury to person or damage to
property, there is IMPRUDENCE. This usually involves lack of skill.
56. When is there NEGLIGENCE? If a person fails to pay proper attention and to use due diligence in foreseeing the injury or
damage impending to be cause then there is NEGLIGENCE. This usually involves lack of
foresight.
57. What are the requisites of DOLO or In order that an act or omission may be considered to be performed with the deliberate
MALICE? intent,the following must concur:

1. he must have FREEDOM while doing an act or omitting to do an act.

2. He must have INTELLIGENCE while doing an act or omitting to do an act.

3. He must have INTENT while doing an act or omitting to do an act.

58. What does the maxim "actus non
facit reum, nisi mens sit rea" means?
59. Define MISTAKE OF FACT.
60. What are the requisites of of mistake
of fact as a defense?
A crimes is not committed if the mind of the person performing the act claims to be
innocent.
Mistake of fact is a misapprehension of fact on the part of the person who caused injury to
another. An honest mistake of fact destroys the presumption of criminal intent.
1. That the act done would have been lawful had the facts been as the accused believe them
to be.

2. That the intention of the accused in performing the act should be lawful.

3. That the mistake must be without fault or carelessness on the part of the accused.
61. Define ERROR IN PERSONAE. Error in personae means a mistake in the identity of the victim.
62. What does the maxim 'actus non facit This means that the act itself does not make a man guilty unless his intention were so.
reum mens sit rea' means?
63. What does the maxim 'actus me This means that an act done by me against my will is not my act.
invitio factus non est meus actus'
means?
64. What are the requisites of CULPA or In order that an act or omission may be considered to be performed by means of fault or
FAULT? culpa, the following requisites must concur:

1. he must have FREEDOM while doing an act or omitting to do an act.

2. He must have INTELLIGENCE while doing an act or omitting to do an act.

3. He is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT / SKILL while doing the act or

omitting to do the act.
65. Is dolo or malice required in crimes
punished by special laws?
66. Differentiate the terms 'intent to
commit the crime' and 'intent to
perpetrate the act'.
67. Differentiate 'mala in se' and 'mala
prohibita'.
68. Distinguish intent from motive.
69. How motive is proved?
70. Does a proof of motive enough to
support a conviction?
When the crime is punished by a special law, as a rule, intent to commit the crime is not
necessary.
In intent to commit the crime, there must be criminal intent; in intent to perpetrate the act, it
is enough that the prohibited act is done freely and consciously.
MALA IN SE - wrongful from their nature such as rape, homicide
MALA PROHIBITA - wrongful acts merely because it is prohibited by statute
MOTIVE is the moving power which impels one to action for a definite result.
INTENT is the purpose to use a particular means to effect such result.
Motive is established by the testimony of a witness on the acts or statements of the
accused before or immediately after the commission of the offense.
No, mere proof of motive, no matter how strong, is not sufficient to support a conviction if
there is no reliable evidence from which it may be reasonably deduced that the accused
was the malefactor.