ATENEO CENTRAL BAR OPERATIONS 2007

Criminal
Law
SUMMER REVIEWER

retroactive effect.
Exception: when the law is favorable to the
accused
BOOK I Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
CRIMINAL LAW – A branch of municipal law which b. Offender is a habitual criminal
defines crimes, treats of their nature and provides for
their punishment. Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to
Characteristics of Criminal Law : choose between good and evil, that is why
1. General – binding on all persons who reside more stress is placed upon the result of the
or sojourn in the Philippines felonious act than upon the criminal himself.
Exceptions: The purpose of penalty is retribution. The
a. Treaty Stipulation RPC is generally governed by this theory.
b. Laws of Preferential Application
c. Principles of Public International Law 2. Positivist Theory – basis is the sum of
Ex: social and economic phenomena which
i. sovereigns and other chiefs of conditions man to do wrong in spite of or
state contrary to his volition. This is exemplified in
ii. Ambassadors, ministers the provisions on impossible crimes
plenipotentiary, minister resident and habitual delinquency.
and charges d’affaires
(BUT consuls, vice-consuls and other 3. Mixed Theory – combination of the classical
foreign commercial representatives and positivist theories wherein crimes that
CANNOT claim the privileges and are economic and social in nature should be
immunities accorded to ambassadors and dealt in a positive manner. The law is
ministers.) thus more compassionate.

2. Territorial – penal laws of the Philippines are Construction of Penal Laws:

enforceable only within its territory
Exceptions: (Art. 2 of RPC – binding
even on crimes committed outside the
Philippines)
a. offense committed while on a
Philippine ship or airship
b. forging or counterfeiting any coin
or currency note of the Philippines
or obligations and the securities
issued by the Government
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d. while being public officers and
employees, an offense committed in
the exercise of their functions
e. crimes against national security
and the law of the nations defined in
Title One of Book Two
1. Liberally construed in favor of offender
Ex:
a. the offender must clearly fall within
the terms of the law
b. an act is criminal only when made so
by the statute
2. In cases of conflict with official translation,
original Spanish text is controlling,
3. No interpretation by analogy.
LIMITATIONS ON POWER OF CONGRESS TO
ENACT PENAL LAWS:
1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual
punishments nor excessive fines

3. Prospective – the law does not have any

—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy
Patdu, Krizna
Gomez
—
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Omission – failure to perform a duty required by law

BOOK ONE
GENERAL PROVISIONS ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa

ART.1: TIME WHEN ACT TAKES EFFECT NULLUM CRIMEN, NULLA POENA SINE LEGE –
There is no crime when there is no law punishing it.
RPC took effect February 1, 1932.
Classification Of Felonies According To The
Means By Which They Are Committed:
ART. 2: APPLICATION OF ITS PROVISIONS
1. Intentional Felonies- by means of deceit
RULES: (dolo)
1. Philippine vessel or airship – Philippine Requisites:
law shall apply to offenses committed a. freedom
in b. intelligence
vessels registered with the Philippine Bureau c. intent.
of Customs. It is the registration, not the
citizenship of the owner which matters. MISTAKE OF FACT – misapprehension
2. Foreign vessel of fact on the part of the person who
a. French Rule caused injury to another. He is not criminally
General Rule: Crimes committed aboard liable.
a foreign vessel within the territorial Requisites:
waters of a country are NOT triable in the a. the act done would have been lawful
courts of such country. had the facts been as the
Exception: commission affects the accused believed them to be
peace and security of the territory, or bintention is lawful
the safety of the state is endangered. b. mistake must be without fault or
carelessness by the accused
b. English Rule
General Rule: Crimes committed aboard 2. Culpable Felonies- by means of fault (culpa)
a foreign vessel within the territorial Requisites:
waters of a country are triable in the a. freedom
courts of such country. b. intelligence
Exception: When the crime c. negligence (lack of foresight) and
merely affects things within the imprudence (lack of skill)
vessel or it refers to the internal
management thereof.
*This is applicable in the Philippines. MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
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Chapter One: FELONIES the result of culpa sufficient that
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Felonies – acts and omissions punishable by the offender has
Revised Penal Code the
intent to
Crime – acts and omissions punishable by any law perpetrate
the act prohibited
Act – an overt or external act
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