Documente Academic
Documente Profesional
Documente Cultură
Atty. Dan P. Calica | UP Law 1st Sem AY 18-19 investigation, if by confronting the witnesses for the
prosecution he can convince the court that the charges
INTRODUCTION are groundless. There is no justice in compelling him to
undergo the troubles of a final hearing if at the
A. Course Guidelines and Overview preliminary hearing the case can be terminated in his
favor.
B. Penological objectives NOTES:
1. The case doesn't specifically define what criminal
A.F. Tadiar, Philosophy of a Penal Code, 52 law is, but it's under that topic in the syllabus. In Reyes
Phil.L.J. 165 (1977) Book 1, I found this one sentence that can be
connected: "Court decisions are not sources of criminal
PART I: General Principles of Criminal Law law, because they merely explain the meaning of, and
apply, the law as enacted by the legislative branch of
A. Definitions the government." In the present case, the SC cited the
case of Saling Buhay v. Arellano in interpreting the
1. Criminal law provision of the Rules of Court, stating that "there is
nothing in it or any other law restricting the authority,
“Criminal law is that branch or division of law which inherent in a court of justice, to pursue a course of
defines crimes, treats of their nature, and provides for action reasonably calculated to bring out the truth."
their punishment.” [Luis B. Reyes, The Revised Penal
Code, Eighteenth Edition, 2012, at 1, citing 12 Cyc. 2. Another possible relation to the syllabus' topic is that
129] the syllabus also states that criminal law is
substantive because it defines the state’s right to
It is that branch of public substantive law which defines inflict punishment and the liability of the offenders. In
offenses and prescribes their penalties. It is the present case, it was stated in the dissent of J. Feria
substantive because it defines the state’s right to inflict that the right of the defendant to cross-examine the
punishment and the liability of the offenders. It is public prosecution's witnesses against him/her is a
law because it deals with the relation of the individual substantive right. J. Feria also said that since the rule
with the state. in question (Rule 108, Sec. 11 of the 1940 Rules of
Court) diminishes the said substantive right of the
Bustos v. Lucero, 81 Phil. 640 (1948) accused, the said provision should be declared as
SUMMARY: Pet. Bustos was the accused in a criminal NULL AND VOID. J. Feria further stated that the
case. During preliminary investigation, Bustos pleaded Supreme Court is not empowered, and therefore
not guilty. Bustos' counsel moved for the complainant cannot enact or promulgate substantive laws or rules,
to present her evidence so that she and her witnesses for it is obvious that rules which diminish, increase or
could be examined and cross-examined. The modify substantive rights, are substantive and not
prosecution objected to the motion, invoking Rule 108, adjective laws or rules concerning pleading, practice
Sec. 11 of the 1940 Rules of Court, which made no and procedure.
mention that the accused could examine the
complainant. Justice of the peace Court of Masantol 2. Crime
ruled that Bustos renounced his right to present
evidence. Bustos filed a motion with CFI Pampanga to Crime is an act committed or omitted in violation of a
remand case back to Masantol. Resp. CFI Judge public law forbidding or commanding it. [Reyes, supra,
Lucero denied Bustos' motion. A special civil action for at 1, citing I Bouvier’s Law Dictionary, Rawle’s Third
mandamus was filed by Bustos. SC ruled in favor of Revision, 729]
Resp. Judge Lucero, stating that Judge Lucero did
NOT commit GADALEJ in denying Bustos' motion. B. Nullum crimen nulla poena sine lege
DOCTRINE: The constitutional right of an accused to
be confronted by the witnesses against him does not 1. “Applicable here is a familiar maxim in criminal law:
apply to preliminary hearings; nor will the absence of a Nullum crimen nulla poena sine lege. There is no crime
preliminary examination be an infringement of his right where there is no law punishing it.” [Potenciana
to confront witnesses. Evangelista v. People, G.R. Nos. 108135-36, 14
DOCTRINES FROM THE DISSENTS: August 2000]
1. [J. Feria] The right granted by law upon a defendant
to be confronted with and cross-examine the witnesses -Case was about Tanduay's application for tax credit
for the prosecution in preliminary investigation as well with the BIR,claiming that it is only liable to pay specific
as in the trial of the case is a substantive right. taxes, and not ad valorem taxes.
2. [J. Perfecto] The accused must be afforded the -In the information, it was stated that the Petitioner
opportunities to have the charges against him quashed, caused undue injury to the Government and gave
b. CONST., art. II, sec. 5: The maintenance of peace Sec. 447(a)(1)(ii): (Sangguniang Bayan) Powers,
and order, the protection of life, liberty, and property, Duties, Functions and Compensation. - (a) The
and the promotion of the general welfare are essential sangguniang bayan, as the legislative body of the
for the enjoyment by all the people of the blessings of municipality, shall enact ordinances, approve
democracy. resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants pursuant
3. Who exercises police power? to Section 16 of this Code and in the proper exercise of
the corporate powers of the municipality as provided
a. CONST., art. VI, sec. 1: The legislative power shall for under Section 22 of this Code, and shall: (1)
be vested in the Congress of the Philippines which Approve ordinances and pass resolutions necessary
shall consist of a Senate and a House of for an efficient and effective municipal government,
Representatives, except to the extent reserved to the and in this connection shall:
people by the provision on initiative and referendum. (ii) Maintain peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot,
b. CONST., art II, sec. 1: The Philippines is a violence, rebellion or sedition and impose penalties for
democratic and republican State. Sovereignty resides the violation of said ordinances;
in the people and all government authority emanates (iii) Approve ordinances imposing a fine not exceeding
from them. Two thousand five hundred pesos (P2,500.00) or an
imprisonment for a period not exceeding six (6)
c. [SUPRA] People v. Evangeline Siton and months, or both in the discretion of the court, for the
Krystel Kate Sagarano, G.R. No. 169364, 18 violation of a municipal ordinance;
September 2009 (v) Enact ordinances intended to prevent, suppress
and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy,
Art. 21. Penalties that may be imposed. — No felony (v) Tañada v. Tuvera, 136 SCRA 27 (1985)
shall be punishable by any penalty not prescribed by
law prior to its commission. The case is a petition to review the decision of the
Executive Assistant to the President. The petitioners
Art. 22. Retroactive effect of penal laws. — Penal seek a writ of mandamus to compel respondent public
Laws shall have a retroactive effect insofar as they officials to publish, and/or cause the publication in the
favor the persons guilty of a felony, who is not a Official Gazette of various presidential decrees, letters
habitual criminal, as this term is defined in Rule 5 of of instructions, general orders, proclamations,
Article 62 of this Code, although at the time of the executive orders, letter of implementation and
administrative orders. The petitioners invoked the
1) W/N publication is required for all laws to be • “We also hold that the publication must be made
effective regardless of nature or applicability — forthwith or at least as soon as possible, to give
YES effect to the law pursuant to the said Article 2. There
The term "laws" should refer to all laws and not only to is that possibility, of course, although not suggested
those of general application, for strictly speaking all by the parties that a law could be rendered
laws relate to the people in general albeit there are unenforceable by a mere refusal of the executive,
some that do not apply to them directly. for whatever reason, to cause its publication as
required. This is a matter, however, that we do not
need to examine at this time.”
Alex Austria | 2018 13
(vii) Nagkakaisang Maralita ng Sitio Masigasig, (ii) REV. PEN. CODE, art. 1, 22 (supra)
Inc. V. Military Shrine Service Philippine Veterans (iii) In re. Kay Villegas Kami, Inc., 35 SCRA 429
Affairs Office, G.R. No. 187587, 5 June 2013 (1970)
Petitioner filed a petition to the SC questioning the
Summary: [RE: CLASSIFICATION OF LANDS IN validity of RA 6132, Sec. 8(a) as to the prohibition of
BGC AND MCKINLEY HILL] President Marcos issued allowing any political group to support a candidate to
Proclamation No. 2476, which declared barangays in the 1971 Constitutional Convention. Petitioner
Lower Bicutan, Upper Bicutan, and Signal Village open contended that the Act was an ex post facto law. SC
for disposition. The Proclamation included a denied the petition.
handwritten addendum likewise declaring barangays
in Western Bicutan open for disposition, but this An ex post facto law is one which:.
addendum was not published in the Official Gazette. (1) Makes criminal an act done before the
Petitioners occupied lots in Western Bicutan and passage of the law and which was innocent
sought to have them reclassified as alienable and when done, and punishes such an act;
disposable, pursuant to PN 2476’s addendum. The (2) Aggravates a crime, or makes it greater
Court held that these lands could not be reclassified as than it was, when committed;
such, because the addendum was never published (3) Changes the punishment and inflicts a
and therefore never took effect. greater punishment than the law annexed to
the crime when committed;
Ratio: The requirement of publication is (4) Alters the legal rules of evidence, and
indispensable to give effect to the law, unless the authorizes conviction upon less or different
law itself has otherwise provided. The phrase testimony than the law required at the time of
“unless otherwise provided” refers to a different the commission of the offense;
effectivity date other than after 15 days following (5) Assuming to regulate civil rights and
the completion of the law’s publication in the remedies only, in effect imposes penalty or
Official Gazette, but does not imply that the deprivation of a right for something which
requirement of publication may be dispensed with. when done was lawful; and
All statutes, including those of local application (6) Deprives a person accused of a crime of
and private laws, shall be published as a condition some lawful protection to which he has
for their effectivity, which shall begin fifteen days become entitled, such as the protection of a
after publication unless a different effectivity date former conviction or acquittal, or a
is fixed by the legislature. proclamation of amnesty.
Section 8. This Act shall take effect upon its approval. Section 2. Subject to the provisions of Section 1
hereof, all cases filed or pending for filing with court-
Approved: October 21, 1946 martial or other similar bodies, except those where the
accused had already been arraigned, shall within thirty
(30) days following the effectivity of this Act transferred
to the proper civil courts: provided, that the Chief of the
Armed Forces of the Philippines shall, upon petition
before commencement of trial and with the written
consent of the accused, order the transfer of such
e. REP. ACT NO. 7055 Cf. PRES. DECREE No. 1850 excepted case or cases to the proper civil courts for
trial and resolution.
RA 7055:
Section 3. Presidential Decrees Nos. 1822, 1822-A,
June 20, 1991 1850 and 1952, and all acts, general orders, executive
orders, and other presidential issuances, rules and
AN ACT STRENGTHENING CIVILIAN SUPREMACY regulations inconsistent with this Act are hereby
OVER THE MILITARY RETURNING TO THE CIVIL repealed or amended accordingly.
COURTS THE JURISDICTION OVER CERTAIN
OFFENSES INVOLVING MEMBERS OF THE Section 4. This Act shall take effect fifteen (15) days
ARMED FORCES OF THE PHILIPPINES, OTHER following its publication in the Official Gazette or in at
PERSONS SUBJECT TO MILITARY LAW, AND THE least two (2) newspapers of general circulation.
MEMBERS OF THE PHILIPPINE NATIONAL
POLICE, REPEALING FOR THE PURPOSE Approved: June 20, 1991.
CERTAIN PRESIDENTIAL DECREES
PD 1850
(iv) United States v. Ah Sing, 36 Phil. 978 (1917) People v. Garcia, 85 Phil. 651 (1950)
(v) People v. Wong Cheng, 46 Phil. 729 (1922) 2. Spanish text of the Revised Penal Code prevails
over its English transaction
(vi) People v. Lo-lo & Saraw, 43 Phil. 19 (1922)
People v. Manaba, 58 Phil. 665 (1933)
3. Prospective
3. Retroactive application if favorable to the
a. REV. PEN. CODE, arts. 1, 21, 22 accused
RPC 1. Time when Act takes effect. - This Code REV. PEN. CODE, art. 22
shall take effect on the first day of January, nineteen
hundred and thirty-two. Article 22. Retroactive effect of penal laws. - Penal
Laws shall have a retroactive effect insofar as they
RPC 21. Penalties that may be imposed. — No favor the persons guilty of a felony, who is not a
felony shall be punishable by any penalty not habitual criminal, as this term is defined in Rule 5 of
prescribed by law prior to its commission. Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
RPC 22. Retroactive effect of penal laws. — Penal pronounced and the convict is serving the same.
Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a 4. Prescribed, but undeserved, penalties
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the REV. PEN. CODE, art. 5, 2nd par.
publication of such laws a final sentence has been
pronounced and the convict is serving the same. Article 5. Duty of the court in connection with acts
which should be repressed but which are not covered
b. CIV. CODE, art. 4. Laws shall have no retroactive by the law, and in cases of excessive penalties. -
effect, unless the contrary is provided. Whenever a court has knowledge of any act which it
may deem proper to repress and which is not
c. Cases: punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the
(i) People v. Ringor, 320 SCRA 342 (1999) Department of Justice, the reasons which induce the
court to believe that said act should be made the
(ii) In Re: Kay Villegas Kami, Inc., supra subject of legislation.
(iii) Gumabon v. Director of Prisons, 37 SCRA In the same way, the court shall submit to the Chief
420 (1971)
Executive, through the Department of Justice, such
statement as may be deemed proper, without
(iv) People v. Pimentel, 288 SCRA 542 (1998) suspending the execution of the sentence, when a
strict enforcement of the provisions of this Code would
E. Construction/Interpretation of Penal Laws
result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the
1. Strict construction against the State and liberally
injury caused by the offense.
in favor of the accused
CONST. (1987), art. III, sec. 14(2) 5. Effects of repeal/amendment of penal law
(2) In all criminal prosecutions, the accused shall be a. Tuates v. Bersamin, G.R. No. 138962, 4 October
presumed innocent until the contrary is proved, and 2002
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the b. Benedicto v. Court of Appeals, G.R. No.
accusation against him, to have a speedy, impartial, 125359, 4 September 2001
and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance c. People v. Garcia, supra
of witnesses and the production of evidence in his
II. FELONIES AND CRIMINAL LIABILITY
Alex Austria | 2018 25
There is an attempt when the offender commences the
REV. PEN. CODE, art. 3-10 commission of a felony directly or over acts, and does
not perform all the acts of execution which should
Article 3. Definitions. - Acts and omissions produce the felony by reason of some cause or
punishable by law are felonies (delitos). accident other than this own spontaneous desistance.
Felonies are committed not only be means of deceit Article 7. When light felonies are punishable. - Light
(dolo) but also by means of fault (culpa). felonies are punishable only when they have been
consummated, with the exception of those committed
There is deceit when the act is performed with against person or property.
deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of Article 8. Conspiracy and proposal to commit
foresight, or lack of skill. felony. - Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially
Article 4. Criminal liability. - Criminal liability shall provides a penalty therefor.
be incurred:
A conspiracy exists when two or more persons come
1. By any person committing a felony (delito) although to an agreement concerning the commission of a
the wrongful act done be different from that which he felony and decide to commit it.
intended.
There is proposal when the person who has decided to
2. By any person performing an act which would be an commit a felony proposes its execution to some other
offense against persons or property, were it not for the person or persons.
inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual Article 9. Grave felonies, less grave felonies and
means. light felonies. - Grave felonies are those to which the
law attaches the capital punishment or penalties which
Article 5. Duty of the court in connection with acts in any of their periods are afflictive, in accordance with
which should be repressed but which are not covered Art. 25 of this Code.
by the law, and in cases of excessive penalties. -
Whenever a court has knowledge of any act which it Less grave felonies are those which the law punishes
may deem proper to repress and which is not with penalties which in their maximum period are
punishable by law, it shall render the proper decision, correctional, in accordance with the above-mentioned
and shall report to the Chief Executive, through the Art..
Department of Justice, the reasons which induce the
court to believe that said act should be made the Light felonies are those infractions of law for the
subject of legislation. commission of which a penalty of arrest menor or a
fine not exceeding 200 pesos or both; is provided.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such Article 10. Offenses not subject to the provisions of
statement as may be deemed proper, without this Code. - Offenses which are or in the future may be
suspending the execution of the sentence, when a punishable under special laws are not subject to the
strict enforcement of the provisions of this Code would provisions of this Code. This Code shall be
result in the imposition of a clearly excessive penalty, supplementary to such laws, unless the latter should
taking into consideration the degree of malice and the specially provide the contrary.
injury caused by the offense.
A. Felonies
Article 6. Consummated, frustrated, and attempted
felonies. - Consummated felonies as well as those 1.Definition/Elements
which are frustrated and attempted, are punishable.
REV. PEN. CODE, art. 3
A felony is consummated when all the elements Article 3. Definitions. - Acts and omissions
necessary for its execution and accomplishment are punishable by law are felonies (delitos).
present; and it is frustrated when the offender performs
all the acts of execution which would produce the Felonies are committed not only be means of deceit
felony as a consequence but which, nevertheless, do (dolo) but also by means of fault (culpa).
not produce it by reason of causes independent of the
will of the perpetrator. There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful
1. Crimes Mala in se and Mala prohibita (c) Maintenance of a den, dive or resort
where any dangerous drug is used in any
a. Arsenio B. Garcia v. Court of Appeals, G.R. No. form;
157171, 14 March 2006