An Act Revising the Penal Code and Other Penal Laws (Act No. 3815 as Amended) PRELIMINARY TITLE DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE Article 1. Time when Act takes effect. — This Code shall take effect on the First day of January, nineteen hundred and thirty-two. Article 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 x 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 of obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the intro- duction into these islands 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 this Code.2 FUNDAMENTALS OF CRIMINAL LAW REVIEW Criminal Law, Defined Criminal law is that branch of municipal law which defi ; law wl ines crimes, treats of their nature and provides for their punish cana, provi their punishment. (12 What is a Crime? A crime is the commi or omission by a person having ‘ther prohibited or compelled by a ssion of which is punishable by a proceeding brought-in the name of the government whose law has boon violated. (Wharton's Criminal Law, 1967, vol. 1, p. 11) Constitutional Limitations on Powar of Congress to Enact Penal ws Limitations on the power of Congress to enact : tong enact penal laws are found in Article III of the 1987 Philippine Constitution. These limitations inckude: 1. The law must observe both substantive and procedural due process. (Art. IIT, Section 1) 2 o law must be general in application, (Art, III, Section 8. The law should not impose cruel and unusual punishment or excessive fines. (Art. III, Section 19) 4, The law should not operate as a bill of attainder or as an ex post facto law. (Art: III, Section 22) Bill of Attainder A Bill of Attainder is a legislative act which infli yen without judicial trial. s ee Ex Post Facto Law An ex post facto law is one which; (1) makes criminal a1 done before the passage of the law and which was innocent whee done, and punishes such an sgravates a crime, or makes it groater than it was when committed; (3) changes the punishment ond inflicts a greater punishment than the Jaw annexed to the APPLICATION OF 178 PROVISIONS 8 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) 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 (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 conyjetion or acquittal, or a proclamation of amnesty. ‘The test whether a penal law runs afoul of the ex post facto lause of the Constitution is: Doos'the law sought to be applied retroactively take “from an accused any right that was regarded at the time of the adoption of the constitution as vital for the protection oflife and liberty and which he enjoyed at the time of the commission of the offense charged against him"? ‘The crucial words in the test are “vital for the protection of life and liberty.” We find, however, the test inapplicable to the penal ‘clause of Republic Act No. 7653, Penal laws and laws which, while nnot penal in nature, nonetheless have provisions defining offenses and prescribing penalties for their violation operate prospectively. Penal laws cainnot be given: retroactive effect, except when they are favorable to the accused: Nowhere in Republic Act No. 7653, and in particular Section 36, is there any indication that-the increased penalties provided therein were intended to operate retroactively. ‘There is, therefore, no ex post facto law in this case, (Roberto S. Benedicto and Hector P. Rivera, Petitioners, vs. The Court Of Appeals, et. al, GR. No. 126859, September 4, 2001) Felony, Offense and Infraction of an Ordinance, Distinguished if the crime is punished by the Revised Penal Code, it is called a felony; if by a special law, it is called an offense; and if by an ordinance, itis called an infraction of an ordinance. ‘Theories in Criminal Law "The theories or the schools of thought in Criminal Law are as follows: 1 ical or Juristic Theory — where the basis of criminal is human free will. The purpose of the penalty is retribution ‘in view of the voluntariness of the act or4 FUNDAMENTALS OF CRIMINAL LAW REVIEW ‘omission of the offender. The emphasis is on the offense and not on the offender. 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. 8, Eclectic Theory — combination of the good features of both the classical and the positivist theories. 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) Positivist Theory in the pine Penal Law ‘However, in imposing penalties for crimes, the courts. must boar in mind that Philippine penal law is based on the Spanish onal code and has adopted features of the positivist theory of criminal law. The positivist theory states that the basis for criminal ability is the sum total of the social and economic phenomena to which the offense is expressed. The adoption of the aspects of the theory is exemplified by the Indeterminate Sentence Law, Article 4, paragraph 2 of the Revised Penal Code (impossible crime), Article 68 nd Articles 11 to 14, not to mention Article 63 of the Revised Penal Code (penalties for heinous and quasi-heinous crimes). Philippine penal law looks at the convict as a member of society. Among the important factors to be considered in determining the penalty to bbe imposed on him are (1) his relationship towards his dependents, family and their relationship with him; and (2) his relationship towards society at large and the State. The State is concerned not, only in the imperative necessity of protecting the social organization fageinst the criminal acts of destructive individuals but also in redeeming the individual for economic usefulness and other social onds. The purpose of penalties is to secure justice, The penalties imposed must not only be retributive but must also be reformative, to give the convict an opportunity to live a new life and rejoin society 8 a productive and civie-spirited member of the community. The court has to consider not only the primary elements of punishment, namely, the moral responsibility of the conviet, the relation of the convict to the private complainant, the intention of the convict, the APPLICATION OF PPS PROVISIONS 5 temptation to the act or the excuse for the crime — was it done by a rich man in the insolence of his wealth or by a poor man in the extremity of his need? The court must also take into account, ‘the secondary elements of punishment, namely, the reformation of the offender, the prevention of further offenses by the offender, the repression of offenses in others. As Rousseau: said, “crimes can be thoroughly repressed only by a system of penalties which, from the benignity they breathe, serve rather than to soften than to inflame those on whom they are imposed.” ‘There is also merit in the view that punishment inflicted beyond the merit of the offense is so much punishment of innocence. (De Joya us. The Jail Warden of Batangas City, GR. Nos. 159418-19, December 10, 2003) Characteristics of Criminal Law ‘There are three characteristics of Criminal Law: 1, Generality — that the law is binding upon all. persons who reside or sojourn in the Philippines, irrespective of ‘age, sex, color, exeed, or personal circumstances. 2. ‘Territoriality — that the law is applicable to all crimes committed within the limits of Philippine territory, which includes its atmosphere, interior waters and maritime mone. (Art. 2) lrretrospectivity or Prospectivity — that the law does not or Tae any nolractive aa oor if it favors the offender unless he is a habitual delinquent (Art. 22) or the law atherwise provides. Generality ‘This characteristic is mainly based from Article 14 of the Civil Code that provides: “Penal laws and those of public security and safety shall be obligatory upon all'who live or sojouirn in the Philippine territory subject to the principles of public international law and treaty stipulation.” Another basis of this characteristic is ‘Art: IIIG) of the 1987 Philippine Constitution, ‘The rule of the general application of penal laws does not apply to those cases so provided by public international law (Art. 14, Civil Code), by treaty stipulations or by a law of preferential application (eg, Rep. Act No. 76). Under the principle of publicinternational law,