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GENERAL PRINCIPLES

was innocent when


punishes such an act;

Criminal Law it is that branch of municipal


law which defines crimes, treats of their nature,
and provides for their punishment (12 CYC.
129).

done,

and

2) Aggravates a crimes or makes it


greater than it was when committed;
3) Changes the punishment and inflicts
a greater punishment that the law
annexed to the crime when
committed;

Crime it is the commission or omission by a


person having capacity, of any act, which is
either prohibited or compelled by law and the
commission or omission of which is punishable
by a proceeding brought in the name of the
government whose law has been violated
(Whartons Criminal Law, 1957, vol. 1, p.11).

4) Alters the legal rules of evidence,


and authorizes conviction upon less
or different testimony than the law
required at the time of the
commission of the offense;

What are the Constitutional Limitations on


Power of Congress to Enact Penal Laws?

5) Assuming to regulate civil rights, and


remedies only, in effect imposes
penalty or deprivation of a right for
something which when done was
lawful; and

1. The law must observe both substantive


and procedural due process. According
to Article III, Sec. 1 of the Constitution,
No person shall be deprived of life,
liberty and property without due process
of law, nor shall any person be denied
the equal protection of laws.

6) Deprives a person accused of a


crime of some lawful protection to
which he has become entitled such
as the protection of a former
conviction or acquittal, or a
proclamation of amnesty.

2. The law must be general in application


(Article III, Section 1).
3. The law should not impose cruel and
unusual punishment or excessive fines.
According to Article III, Section 19(1),
Excessive fines shall not be imposed,
nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for
compelling reasons involving heinous
crimes, the Congress hereafter provides
for it. Any death penalty already
imposed shall be reduced to reclusion
perpetua.

Felony, Offense
Ordinance

and

Infraction

of

an

If the crime is punishable by the Revised


Penal Code, it is called a felony. If by a special
law, it is an offense; and if by an ordinance,
then it is an infraction of an ordinance.
Theories of Criminal Law
1. Classical or Juristic Theory the
basis of criminal law is the human free
will. The purpose of the penalty is
retribution in view of the voluntariness of
the act or omission of the offender. The
emphasis is on the offense and not on
the offender.

4. The law must not operate as a bill of


attainder or as an ex post facto law
(Article III, Section 22).
What is a Bill of Attainder? A bill of attainder
is a legislative act which inflicts penalty without
judicial trial.

2. Positivist or Realist Theory where


the view is that man is inherently good
but the offender is socially sick. The
purpose of the penalty is reformation
and the emphasis is on the offender and
not on the offense.

What is an Ex Post Facto Law?


In Benedicto vs. Court of Appeals (G.R.
No. 125359, September 4, 2001), the Supreme
Court defined an Ex Post Facto Law as one
which:

3. Eclectic Theory combination of the


good features of both the classical and
the positivist theories.

1) Makes criminal an act done before


the passage of the law and which
1

4. Utilitarian Theory they espouse the


idea that the primary function of
punishment in criminal law is to protect
society from potential and actual
wrongdoers. The retributive aspect of
penal laws should be directed against
them (Magno vs. Court of Appeals, June
26, 1992).

E. Should commit any of the crimes


against national security and the law of
nations, defined in Title One of Book
Two of this Code.
a. The reason for the exception
regarding crimes against national
security and the law of the
nations is to safeguard the
existence of the state. Piracy can
be tried anywhere. Piracy and
mutiny are crimes against the law
of nations, while treason and
espionage are crimes against the
national security of the state.

What are the characteristics of Criminal


Law?
Generality the law is binding upon all
persons who reside or sojourn in the
Philippines, irrespective of age, sex, color,
creed, or personal circumstances.
Territoriality the law is applicable to all
crimes committed within the limits of Philippine
territory, which includes its atmosphere, interior
waters and maritime zone.

TITLE ONE
FELONIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY

Prospective the law does not have any


retroactive effect, except if it favors the
offender, unless he is a habitual delinquent
(Article 22) or when the law otherwise
provides.

Chapter One
FELONIES
Article 3. Definition. Acts and Omissions
punishable by law are felonies (delitos).

Exceptions:
A. Should commit an offense while on a
Philippine ship or airship;

Felonies are committed not only by means


of deceit (dolo) but also by means of fault
(culpa)

B. 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;

There is deceit when the act is performed


with deliberate intent; and there is fault
when the wrongful act results from
imprudence, negligence, lack of foresight,
or lack of skill.

C. Should be liable for acts connected with


the introduction into these islands of the
obligations and securities mentioned in
the presiding number;

What is a Felony?
In People vs. Gonzales (G.R. No.
807762, March 19, 1990, 180 SCRA 324),
Felony is any act or omission punishable by
law. Its elements are: a) act or omission; b)
punishable by the Revised Penal Code; and c)
committed either by dolo or by culpa.

a. The reason for the exceptions in


paragraphs (b) and (c) is to
maintain and preserve the
financial credit and stability of the
state.

Is voluntariness an element of Felony?


D. While
being
public
officers
or
employees, should commit an offense in
the exercise of their functions; or

Yes. Although the law does not include


voluntary in the definition of a felony, it is an
element because: a) Article 3 in referring to
dolo states that the act is performed with
deliberate intent which implies that the act is
voluntary or freely committed; and b) Article
365 in referring to reckless imprudence
expressly states that it consists in voluntarily
but without malice doing or failing to do an act.

a. The exception does not apply to


public officers of the Philippine
government who enjoy diplomatic
immunity because in such a case
the
principles
of
public
international law will govern.
2

In US vs. Barnes (12 Phil 93), the High Court


said that Negligent Act must be voluntary.

1. Freedom when a person acts


without freedom, he is not a human
being but a mere tool. Freedom is
negated by irresistible force and
uncontrollable fear (Art. 12, pars. 5 &
6).

Distinguish dolo from culpa


Dolo involves malice or deliberate intent;
culpa results from negligence, imprudence,
lack of foresight or lack of skill. Imprudence is
deficiency of action while negligence is
deficiency of perception. Dolo is equivalence to
malice, which is intent to do injury to another
(Whartons Criminal Law).

2. Intelligence it is a moral capacity to


determine what is right from what is
wrong
and
to
realize
the
consequences of ones acts.
3. Intent it is presumed from the
commission of an unlawful act. It is
negated by mistake of facts.

The distinction between dolo and culpa


is that while both are voluntary, dolo is
intentional whereas culpa is not. Where there
is intent, there can be no negligence (People
vs. Guillen, 47 O.G. 3433). In culpable felonies,
intent is replaced by fault (US vs. Barnes, 12
Phil. 93).

There are two kinds of intent:


a. General Intent it is
presumed.
b. Specific Intent it must be
proved as it is an element of
felony.
i. Example: Intent to kill
in frustrated homicide.

Explain willfully
In penal statutes, the word willfully
means with evil intent, or with legal malice, or
with bad purpose. So, a plea of guilty carries
with it an acknowledgement or admission that
willfully acts charged were done with malice
(People vs. Salazar, G.R. No. L-1337,
September 24, 1959).

What is Criminal Intent?

The elements of culpa are:

What are the elements of dolo and culpa?

1. Freedom;
2. Intelligence; and
3. Negligence or imprudence

The elements of dolo are:

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