De la Salle University College of Law
Criminal Law I Reviewer for Midterms
Professor: Atty. Antonio T. Kho Jr.
References: The Revised Penal Code Criminal Law Book
One by Luis B. Reyes; Personal Notes; San Beda Criminal
Law Reviewer
Criminal Law branch or division of law w/c defines
crimes, treats of their nature, and provides for their
punishment.
Crime- an act committed or omitted in violation of a public
law forbidding or commanding it.
Sources of Phil. Criminal Law:
a. The Revised Penal Code
b. Special Penal Laws
Who makes Penal Laws:
1. Philippine Commission
2. Philippine Assembly
3. Philippine Legislature
4. National Assembly
5. Congress of the Philippines
6. Batasang Pambansa
c. Penal Presidential Decrees (issued Martial Law)
-No Common Law Crimes. Common law crimes are
based in customs of the country and has no basis in the
legislation. These are known in UK.
-Court decisions are not sources of criminal law.
State has the authority, under its police power, to define
and punish crimes and to lay down the rules of criminal
procedure.
Attributes of the State:
1. Right of Prosecution
2. Punishment of a Crime
LIMITATIONS ON THE POWER OF CONGRESS TO ENACT
PENAL LAWS:
1. No ex post facto law shall be enacted. -
prohibits the passage of retroactive laws w/c are
prejudicial to the accused.
2. No bill of attainder shall be enacted.
3. No law that violates equal protection clause of
the constitution shall be enacted
4. No law which imposes cruel and unusual
punishments nor excessive fines shall be
enacted.
Constitutional Rights of the accused:
1. All persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
2. No person shall be held to answer for a criminal
offense w/o due process of law.
3. 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.
4. 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.
5. No person shall be compelled to be a witness
against himself.
6. Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted.
7. No person shall be twice put in jeopardy of
punishment for the same offense.
8. Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
Statutory Rights of the accused:
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.
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.
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 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.
Waiving of Rights :
A right which may be waived is the right of the accused to
confrontation and cross-examination. Personal
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. Involves Public Interest
CHARACTERISTICS OF CRIMINAL LAW
Criminal law has three main characteristics: (1) general,
(2)territorial, and (3) prospective.
1. GENERAL - it is binding on all persons who live or
sojourn in the Philippine territory (Art. 14, NCC)
EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International Law.
The following persons are exempted:
a. Sovereigns and other chief of state
b. Ambassadors,ministers, plenipotentiary, minister
resident and charges daffaires.
- Consuls, vice-consuls and other commercial
representatives of foreign nation cannot claim the
privileges and immunities accorded to ambassadors and
ministers.
Military Courts:
What are the jurisdictions of Civil Courts over Military
Courts?
a.) Murder cases committed by persons subject to
military law
b.) The civil courts have concurrent jurisdiction with
the military courts or general courts-martial over
soldiers of the Armed Forces of the Philippines.
c.) The offense of malversation committed by an
army finance officer.
d.) Even in times of war, the civil courts have
concurrent jurisdiction with the military courts
or general courts-martial over soldiers of the
Philippine Army, provided that in the place of
the commission of the crime no hostilities are in
progress and civil courts are functioning.
Articles of War It applies when the military court takes
cognizance of the case involving a person subject to
military law.
Jurisdictions of Military Court:
a.) Members of the Armed Forces of the Philippines and
other persons subject to military law, including
membersof the Citizens Armed Forces Geographical
Units (service-connected) who commit crimes or
offenses not covered by the penal code, special laws
and local govt ordinances and are service related
b.) Service-connected crimes or offenses shall be limited
to those denned in Articles 54 to 70, Articles 72 to
92, and Articles 95 to 97 of Commonwealth Act No.
408, as amended.
c.) those charged with violations of Articles 63
(Disrespect Toward the President etc.), 64
(Disrespect Toward Superior Officer),67 (Mutiny or
Sedition), 96 (Conduct Unbecoming an Officer and a
Gentleman) and 97 (General Article) of the Articles of
War, as these are specifically included as "service-
connected offenses or crimes".
Court Martial -is a court, and the prosecution of an
accused before it is a criminal, not an administrative case,
and therefore it would be, under certain conditions, a bar
to another prosecution of the accused for the same
offense, because the latter would place the accused in
double jeopardy.
2. TERRITORIAL criminal laws undertake to punish crimes
committed w/in the Philippine territory. The principle of
territoriality means that as a rule, penal laws of the
Philippines are enforceable only within its territory.
EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside
Philippine territory.
1) Offense 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 or employees should commit
an offense in the exercise of their functions.
5) Should commit any of the crimes against national
security and the law of nations defined in Title One of
Book Two.
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 EXCEPTION TO THE EXCEPTION: Penal laws not
applicable within or without Philippine territory if so
provided in treaties and laws of preferential application.
(Art.2, RPC)
3. PROSPECTIVE
GENERAL RULE: Penal laws cannot make an act punishable
in a manner in which it was not punishable when
committed.
EXCEPTION: (it may be applied retroactively) When the
new law is favorable to the accused.
EXCEPTION TO THE EXCEPTION
a) The new law is expressly made inapplicable to pending
actions or existing causes of actions.
b) Offender is a habitual criminal.
HISTORY:
-This Code is called "Revised Penal Code," because the
Committee which was created by Administrative Order No.
94 of the Department of Justice, dated October 18, 1927.
- approved on December 8, 1930
- took effect January 1, 1932.
Basis of Revised Penal Code:
Revised Penal Code continues, like the old Penal Code, to
be based on the principles of the old or classical school,
although some provisions of eminently positivistic
tendencies (those having reference to the punishment of
impossible crimes, juvenile delinquency, etc.) were
incorporated in the present Code.
THEORIES IN CRIMINAL LAW
1. Classical Theory - basis of criminal liability is human free
will. Under this theory, the purpose of penalty is
retribution. The RPC is generally governed by this theory.
2. Positivist Theory basis of criminal liability is the sum of
the social and economic phenomena to which the actor is
exposed wherein prevention and correction is the purpose
of penalty. This theory is exemplified in the provisions
regarding impossible crimes and habitual delinquency.
3. Eclectic or Mixed Theory combination of positivist and
classical thinking wherein crimes that are economic and
social in nature should be dealt in a positive manner; thus,
the law is more compassionate.
ART. 2 APPLICATION OF ITS PROVISIONS
RULES ON VESSELS:
1.) Philippine vessel or aircraft.
Must be understood as that which is registered in the
Philippine Bureau of Customs.
2.) On Foreign Merchant Vessels
ENGLISH RULE: Crimes committed aboard a vessel within
the territorial waters of a country are triable in the courts
of such country.
EXCEPTION: When the crimes merely affect things within
the vessel or when they only refer to the internal
management thereof.
FRENCH RULE:
GENERAL RULE: Crimes committed aboard vessel within
the territorial waters of a country are not triable in the
courts of said country.
EXCEPTION: When their commission affects the peace and
security of the territory or when the safety of the state is
endangered.
-In the Philippines, we follow the English Rule.
-In the case of a foreign warship, the same is not subject to
territorial laws.
SCOPE OF THE REVISED PENAL CODE:
-Revised Penal Code shall be enforced not only within the
Philippine Archipelago, but also outside of its jurisdiction
in certain cases.
ART. 3 FELONIES
Felonies - are acts and omissions punishable by the
Revised Penal Code.
ELEMENTS OF FELONIES
1. There must be an act or omission ie,
there must be external acts.
2. The act or omission must be punishable
by the RPC.
3. The act is performed or the omission
incurred by means of dolo or culpa.
Offense acts and omissions punishable by special laws
other than RPC.
3 classes of crimes:
1. Intentional Felonies
2. Culpable Felonies
3. Defined and penalized by special laws
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Act
- an overt act of that felony, that is, an external act
which has direct connection with the felony
intended to be committed.
- any bodily movement tending to produce some
effect in the external world, it being unnecessary
that the same be produced, as the possibility of
its production is sufficient.
- must be external, because internal acts are
beyond the sphere of penal law. Hence, a criminal
thought or a mere intention, no matter how
immoral or improper it may be, will never
constitute a felony.
punished by municipal or city ordinances.
Requisites for special laws:
1. Freedom
2. Intelligence
3. Intent to perform/perpetrate the act.
Mala Prohibita - the class of crimes punishable by SPECIAL
LAWS and where criminal intent is not, as a rule, necessary,
it being sufficient that the offender has the intent to
perpetrate the act prohibited by the special law.
Mala in Se wrongful from their nature.

NULLUM CRIMEN, NULLA POENA SINE MALA IN SE vs. MALA PROHIBITA

LEGE - there is no crime where there is
no law punishing it.

CLASSIFICATION OF FELONIES
ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED:

1.Intentional Felonies the act is

performed with deliberate intent or
malice.

Requisites of DOLO or MALICE:

a. Freedom
b. Intelligence
c. Criminal Intent

Mistake of Fact is a misapprehension of

fact on the part of the person causing
injury to another. Such person is not
criminally liable as he acted without
criminal intent.

Requisites of mistake of fact as a defense: (AIM)

a. That the act done would have been lawful had the facts
been as the accused believed them to be.
b. That the intention of the accused in performing the act
should be lawful.
c. That the mistake must be without fault or carelessness
on the part of the accused.

2.Culpable Felonies - performed without malice.

Requisites of CULPA:
a. Freedom
b. Intelligence
c. Negligence and Imprudence

REASON FOR PUNSHING ACTS OF NEGLIGENCE: A man

must use common sense and exercise due reflection in all
his acts; it is his duty to be cautious, careful and prudent.

3.Felonies Under special law - defined and penalized by

special laws which include crimes

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How motive is proved.

Generally, the motive is established by the testimony of

witnesses on the acts or statements of the accused before
or immediately after the commission of the offense. Such
deeds or words may indicate the motive.