[Mark Anthony N.

Manuel] CRIMINAL LAW

REVIEWER

Criminal Law Reviewer

I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders

A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related
Special Laws

1. Fundamental Principles
a. Definition of Criminal Law

Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for
their punishments.

Difference between Mala in Se and Mala Prohibita

Mala in Se Mala Prohibita

As to Nature
Wrong from its very nature, evil, or bad that they are Not inherently bad, evil or wrong but prohibited by
almost universally condemned. law for public good, public welfare or interest and
when violated are penalized by law.

As to Essential Element
Criminal intent is essential. Voluntariness is essential.
As to Defenses
Good faith or lack of criminal intent may be raised as The only defense is the lack of voluntariness in the
a defense. commission of the crime.
As to the Commission
Criminal liability is generally incurred even if it is The act gives rise to a crime only when it is
only attempted or frustrated. consummated. No attempted or frustrated unless
provide by the special law.
As to Imposition of penalties
The degree of participation of each accused in the The degree of participation of any offender is not
commission of the crime is taken into account in considered. No principal, accomplice or accessory to
imposing the penalty. consider.
Mitigating and aggravating circumstances are Not appreciated unless the special law has adopted
appreciated in the imposition of the penalty. the scheme or scale of penalties under the RPC.

b. Scope of Application and Characteristics of the Philippine Criminal Law

(1) Generality

General Rule: Criminal law of the country governs all persons within the country regardless of their race,
belief, sex or creed. Generality has no reference to territory. It refers to persons that may be governed by
the penal law.

Exceptions:

 Art. 2, RPC, “Except as provided in the treatise or laws of preferential application…”

 Art. 14, Civil Code, “…subject to the principles of public international law and to treaty stipulations.”

Examples: US-PH Bases Agreement, V.F.A.

 Members of the Congress who are not liable for libel or slander with any speech in Congress or
congressional committee. (Sec 11, Art VI 1987 Constitution)
 Ambassadors, chiefs of states and other diplomatic officials are immune from the application of
penal laws when they are in the country where they are assigned. (RA 75)

Exception to the exception: Consuls are not diplomatic officers. These include consul-general, vice-
consul or and consul in a foreign country, who are therefore, not immune to the operation or
application of the penal law of the country where they are assigned.

(2) Territoriality
 [Mark Anthony N. Manuel] CRIMINAL LAW
REVIEWER

General Rule: Penal laws of the country have force and effect only within its territory. It cannot penalize
crimes committed outside the same.

The territory of the country is not limited to the land where its sovereignty resides but includes also its
maritime and interior waters as well as its atmosphere.
 Terrestrial jurisdiction is the jurisdiction exercised over land.
 Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters.
 Aerial jurisdiction is the jurisdiction exercised over the atmosphere.

Exceptions: Article 2 of RPC

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

The RPC is applied to Philippine vessels if the crime is committed while the ship is treading:
a) Philippine waters (intraterritorial application), or
b) The High Seas i.e. waters NOT under the jurisdiction of any State (extraterritorial application)

Philippines adhere to the ENGLISH RULE as to jurisdiction over crimes committed aboard merchant vessels
while in the territorial waters of another country. This means that the location or situs of the crime
determines jurisdiction UNLESS the crime merely relates to internal management of the vessel.

Illustration:
If two petty officers aboard a Russian ship docked in Manila North Harbor got into a fistfight which
resulted in serious physical injuries, it is Russian Law which will apply.

However, if the cause of the fight is a dispute over the ownership of several hundred grams of
cocaine stashed somewhere in the ship, then Philippine Law must apply because importation of illegal
substance is a violation of public peace and order.

Note: The country of registry determines the nationality of the vessel, NOT ITS OWNERSHIP. A Filipino-owned
vessel registered in China must fly the Chinese flag.

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

As a general rule, the Revised Penal Code governs only when the crime committed pertains to the exercise
of the public official’s functions:
 Those having to do with the discharge of their duties in a foreign country.
 The functions contemplated are those, which are, under the law:
i) to be performed by the public officer
ii) in the Foreign Service of thePhilippine government
iii) in a foreign country.

The Revised Penal Code governs if the crime (whether or not in relation to the exercise of public functions)
was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is
because embassy grounds are considered an extension of sovereignty. Thus the crime is deemed to have
been committed in Philippine soil.

Illustration:
A Philippine consulate official who is validly married here in the Philippines and who marries again in
a foreign country cannot be prosecuted here for bigamy because this is a crime not connected with his
official duties.

However, if the second marriage was celebrated within the Philippine embassy, he may be
prosecuted here, since it is as if he contracted the marriage here in the Philippines.
 [Mark Anthony N. Manuel] CRIMINAL LAW
REVIEWER

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.

 Rebellion is not included.

 Any crime against public order is under the jurisdiction of the host country.

(3) Prospectivity

Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law had
already taken effect. Vice versa, this act or omission which has been committed before the effectivity of a
penal law could not be penalized by such penal law because penal laws operate only prospectively.

General Rule: Ex post facto law is prohibited.

Ex post facto law is one that is specifically made to retroact to cover acts before it became effective to the
prejudice of the accused; or to make a certain crime graver or prescribe a heavier penalty for it.

Exceptions:

Art. 22 (RPC). Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article
62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced
and the convict is serving the same.

This is consistent with the general principle that criminal laws, being a limitation on the rights of the people,
should be construed strictly against the State and liberally in favor of the accused.

Ø Different effects of repeal of penal law

 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.

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

 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.

Note: Rule of prospectivity also applies to judicial decisions, administrative rulings and circulars.