Criminal Law Review

General Principles

I. Definitions

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 a public law forbidding or commanding it.

II. Sources of Criminal Law

RPC

SPL

PDs during ML

Court decisions are not sources of criminal law, because they merely explain the meaning of, and apply,
the law as enacted by the legislative branch of the government.

III. Power to create source/define crimes

It is the State who has the authority by using Police Power, instinctively charged by the common will of
the members of society to look after, guard and defend the interests of the community, the individual
and social rights and the liberties of every citizen and the guaranty of the exercise of his rights

IV. Limitations on such power

Ex Post Facto Law (MACERP)

(1) makes criminal an act done before the passage of the law and which was innocent when
done, and punishes such an act;
(2) aggravates a crime, or makes it greater than it was, when committed;
(3) changes the punishment and inflicts a greater punishment than the law annexed to the
crime when committed;
(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;
(5) assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation
of a right for something which when done was lawful; and
(6) deprives a person accused of a crime some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty

Due Process

Bill of Attainder - A bill of attainder is a legislative act which inflicts punishment without trial. Its essence
is the substitution of a legislative act for a judicial determination of guilt.

V. Rights of the Accused

Constitutional

1. Speedy disposition - All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies. (Sec. 16)

2. Due process - No person shall be held to answer for a criminal offense without due process of law.
(Sec. 14[1])

3. Right to Bail- All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law.

The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended.

Excessive bail shall not be required. (Sec. 13)

4. Presumption of innocence, Right to counsel, right to be informed of the nature and cause, speedy
and impartial trial, right to meet witnesses, and compulsory processes - In all criminal prosecutions,
the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to
have speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his behalf. However,
after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has
been duly notified and his failure to appear is unjustifiable. (Sec. 14[2])

5. Right against self-incrimination, Miranda rights - No person shall be compelled to be a witness

against himself. (Sec. 17)

Any person under investigation for the commission of an offense shall have the right to be informed of
his right to remain silent and to have competent and independent counsel preferably of his own choice.

If the person cannot afford the services of counsel, he must be provided with one. These rights cannot
be waived except in writing and in the presence of counsel. (Sec. 12[1])

No torture, force, violence; threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited. (Sec 12[2])

Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him. (Sec. 12[3])

6. Excessive fines/punishment - Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. (Sec. 19[1])

7. Double jeopardy - No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act. (Sec. 21)

8. Free access to courts - Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty. (Sec. 11)
Statutory/Rule 115

1. 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, from
arraignment to promulgation of the judgment, x x x

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,

7. To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.

8. To have a speedy, impartial and public trial.

9. To appeal in all cases allowed and in the manner prescribed by law.

Waivable rights and non waivable rights

A right which may be waived is the right of the accused to confrontation and cross-examination. A right
which may not be waived is the right of the accused to be informed of the nature and cause of the
accusation against him.

The reason or principle underlying the difference between rights which may be waived and rights which
may not be waived is that those rights which may be waived are personal, while those rights which may
not be waived involve public interest which may be affected.

VI. Characteristics of Criminal law

Generality

Also found in Civil Code Article 14, criminal law is binding on all persons who live or sojourn in Philippine
territory.

Civil courts have jurisdiction over murder cases committed by persons subject to military law. The civil
courts have concurrent jurisdiction with the military courts or general courts-martial over soldiers of the
Armed Forces of the Philippines

When the military court takes cognizance of the case involving a person subject to military law, the
Articles of War apply, not the Revised Penal Code or other penal law when the offense, as determined
before arraignment by the civil court, is service-connected

Exceptions to Generality
Art. 14 CC subject to the principles of public international law and to treaty stipulations.
Art. 2 RPC "except as provided in the treaties and laws of preferential application.

1. Treaty stipulations

Bases agreement

(a) Any offense committed by any person within any base, except where the offender and the offended
party 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."

RP-US Visiting forces accord

(a) US military authorities shall have the right to exercise within the Philippines all criminal and
disciplinary jurisdiction conferred on them by the military law of the US over US personnel in RP;

(b) US authorities exercise exclusive jurisdiction over US personnel with respect to offenses, including
offenses relating to the security of the US punishable under the law of the US, but not under the laws of
RP;

(c) US military authorities shall have the primary right to exercise jurisdiction over US personnel subject
to the military law of the US in relation to: (1) offenses solely against the property or security of the US
or offenses solely against the property or person of US personnel; and (2) offenses arising out of any act
or omission done in performance of official duty.

2. Law of preferential application - Rep. Act No. 75 may be considered a law of preferential application
in favor of diplomatic representatives and their domestic servants

Exceptions to RA 75

a) a citizen or inhabitant of the Republic of the Philippines, in the service of an ambassador or a public
minister, and the process is founded upon a debt contracted before he entered upon such service

b) servant who is not registered

c) when the foreign country adversely affected does not provide similar protection to our diplomatic
representatives.

3. Public International Law

The following are not subject to the operation of our criminal laws: (1) Sovereigns and other chiefs of
state. (2) Ambassadors, ministers plenipotentiary, ministers resident, and charges d'affaires.

It is a well-established principle of international law that diplomatic representatives, such as

ambassadors or public ministers and their official retinue, possess immunity from the criminal
jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the law of that
country

Consuls not included: It is well-settled that a consul is not entitled to the privileges and immunities of an
ambassador or minister, but is subject to the laws and regulations of the country to which he is
accredited.

Territoriality

The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only
within its territory

Article 2 of the Revised Penal Code provides that the provisions of said code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.

Related: National Territory Definition - Article I 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

Exceptions SPIN-F

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities
issued by the Government of the Philippines;

3. Should be liable for acts connected with the introduction into the Philippines 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
of Book Two of the Revised Penal Code.

Prospectivity

General Rule - A penal law cannot make an act punishable in a manner in which it was not punishable
when committed. As provided in Article 366 of the Revised Penal Code, crimes are punished under the
laws in force at the time of their commission.

Exception - Whenever a new statute dealing with crime establishes conditions more lenient or favorable
to the accused, it can be given a retroactive effect.

Exceptions to the exception –

1. Where the new law is expressly made inapplicable to pending actions or existing causes of action.

2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code.
Repeal in relation to prospectivity

1. If the repeal makes the penalty lighter in the new law, the new law shall be applied, except when the
offender is a habitual delinquent or when the new law is made not applicable to pending action or
existing causes of action.

2. If the new law imposes a heavier penalty, the law in force at the time of the commission of the
offense shall be applied.

3. If the new law totally repeals the existing law so that the act which was penalized under the old law is
no longer punishable, the crime is obliterated.

4. The fact that the offender was erroneously accused and convicted under a statute which had already
been repealed and therefore no longer existed at the time the act complained of was committed does
not prevent conviction under the repealing statute which punishes the same act, provided the accused
had an opportunity to defend himself against the charge brought against him.

VII. Construction of Penal Laws

Penal laws are strictly construed against the Government and liberally in favor of the accused. The rule
that penal statutes should be strictly construed against the State may be invoked only where the law is
ambiguous and there is doubt as to its interpretation. Where the law is clear and unambiguous, there is
no room for the application of the rule

In the construction or interpretation of the provisions of the Revised Penal Code, the Spanish text is
controlling, because it was approved by the Philippine Legislature in its Spanish text.

Example - In view of the Spanish text which must prevail, the crime committed is robbery with
homicide, even if the homicide supervened by mere accident.

Other samples

1. "sosteniendo combate" into "engaging in war" in Art. 135. (People vs. Geronimo, 100 Phil. 90,
95-96)

2. "sufriendo privacion de libertad" into "imprisonment" in Art. 157. (People vs. Abilong, 82 Phil.
172, 174)

3. "nuevo delito" into "another crime" in the headnote of Art. 160. (People vs. Yabut, 58 Phil.
499, 504)

4. "semilla alimenticia" into "cereal" in Art. 303. (People vs. Mesias, 65 Phil. 267, 268) 5. "filed"
in the third paragraph of Art. 344 which is not found in the Spanish text. (People vs. Manaba, 58 Phil.
665, 668)

No person should be brought within the terms of criminal statutes who is not clearly within them, nor
should any act be pronounced criminal which is not clearly made so by the statute.
The Revised Penal Code

The Revised Penal Code, as enacted by the Philippine Legislature, was approved on December 8, 1930. It
took effect on January 1, 1932. Felonies and misdemeanors, committed prior to January 1, 1932, were
punished in accordance with the Code or Acts in force at the time of their commission, as directed by
Art. 366 of the Revised Penal Code

There are two important theories in criminal law: (1) the classical theory, and (2) the positivist theory.

Classical
The basis of criminal liability is human free will
and the purpose of the penalty is retribution.
That ma n is essentiall y a moral creatur e with an
absolutely free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man,
the criminal himself.
It has endeavored to establish a mechanical and
direct proportion between crime and penalty.
There is a scant regard to the human element.
Positivist
That man is subdued occasionally by a strange
and morbid phenomenon which constrains him
to do wrong, in spite of or contrary to his volition.
That crime is essentially a social and natural
phenomenon, and as such, it cannot be treated
and checked by the application of abstract
principles of law and jurisprudence nor by the
imposition of a punishment, fixed and
determined a priori; but rather through the
enforcement of individual measures in each
particular case after a thorough, personal and
individual investigation conducted by a
competent body of psychiatrists and social
scientists.

I. Article II – Application of Provisions

Provision

Art. 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 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
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.