Basic in Criminal law RPC (Book 1)

Criminal Law - a branch of municipal law which defines crimes,

treats of their nature and provides for their punishment.

Characteristics of Criminal Law

1. General

2. Territorial

3. Prospective

General - binding on all persons who reside or sojourn in the

Philippines.

Exceptions:

1. Treaty Stipulation

2. Laws of Preferential Application

3. Principles of Public International Law

ex. 1. Sovereigns and other chief of state

2. Ambassadors, Minister resident, and

charges d' affaires

Note: Consuls, Vice Consuls, and other foreign

commercial representatives can not claim the

privileges and immunities accorded to

ambassadors and ministers.

Territorial - Penal laws of the Philippines are enforceable only

within its territory.

Exception: Art. 2 of the RPC - binding even on

crimes committed outside the Philippines.

1. Offenses committed while on a Philippine ship

or airship.

2. Forging or counterfeiting any coin or currency

note of the Philippines or obligations and

securities issued by the government.

3. Introduction into the country of the above

mentioned obligations and securities.

4. While being public officers and employees, an

offense is committed in the exercise of their

functions.

5. Crimes against the National Security and the Law

of the Nations.

Prospective - The law does not have any retroactive effect.

Exception: When the law is favorable to the

accused.

Exception to the Exception:

1. The New Law is expressly made inapplicable

to pending actions or existing causes of

action.

2. Offender is a habitual criminal.

Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between

good and evil, that is why more stress is placed upon the

result of the felonious act than upon the criminal himself. The

purpose of penalty is retribution. The RPC is generally

governed by this theory.

2. Positivist Theory - basis is the sum of social and economic

phenomena which conditions man to do wrong in spite of or

contrary to his volition. This is exemplified in the provisions

on impossible crimes and habitual delinquency.

3. Mixed Theory - combination of the classical and positivist

theories wherein crimes that are economic and social in

nature should be dealt in a positive manner. The law is thus

more compassionate.

Construction of Penal Laws

1. Liberally construed in favor of offender.

Example: 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