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CRIMINAL LAW
 Branch or division of law which: (DTP)
(1) Defines crimes 2. No person shall be held to answer a criminal offense without due process of law
(2) Treats of their nature (Bill of rights, Art 3 of Consti)
(3) Provides for their punishment
Characteristics of Criminal Law (Gen – Ter – Pro)
CRIME
 An act committed or omitted in violation of a public law forbidding or 1. General – binding to all persons who live and sojourn in Philippine territory
commanding it.
NOTES:
 Jurisdiction of the civil courts is not affected by the military character of the accused
Sources of Philippine Criminal Law (RPC – SPL – PD)
 Civil courts have jurisdiction over murder cases committed by persons subject to military law.
1. The Revised Penal Code  Civil courts have jurisdiction over the offense of malversation committed by an army finance
2. Special Penal Laws officer.
3. Penal Presidential Decrees  RPC and other penal laws are not applicable when military court takes cognizance of the case
(when service-connected = court martial)
NOTES:
 The State has the authority under its police power to define and punish crimes and to lay down the Exceptions to General Application of Criminal Law:
rules of criminal procedure a. Treaties or treaty stipulation
 Court decisions are not sources of criminal law, they only explain and apply. (1) Bases Agreement of PH-US 1947-1991
- Any offense committed within the base except when both are
Limitations: Filipino citizen not members of the armed forces or the offense is
1. Ex post facto law (retroactivity) and Bill of Attainder against the national security
- Any offense committed outside the base by a member of US armed
a. Makes criminal an act done before the passage of the law and which was forces to a member of US armed forces
innocent when done and punishes such an act - Any offense committed outside the base by a member of US armed
b. Aggravates a crime or makes it greater than it was when committed forces against the security of US
c. Changes the punishment and inflicts a greater punishment (2) PH-US Visiting Forces Accord 1998
d. Alters the legal rules of evidence and authorizes conviction - Military law of US over US personnel in PH
e. Assumes to regulate civil rights and remedies only, in effect imposes penalty or - Exclusive jurisdiction over US personnel on offenses against the US
deprivation of a right for something which when done was lawful national security
f. Deprives the accused of some lawful protection to which he is entitled - US military law against offenses against US security, property and
persons by US personnel or offenses done in performance of duty
Bill of attainder
 A legislative act which inflicts punishment without trial
 Substitution of a legislative act to the judicial determination of guilt
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b. Law of Preferential application
 Immunities, rights and privileges of duly accredited foreign diplomatic
representatives in the PH
 Not applicable when the foreign country affected does not provide the
same protection to our diplomatic representatives
Rules as to jurisdiction over crimes committed aboard foreign vessels
a. French Rule – crimes are not triable in the courts of that country unless it affects
peace and security of the state
b. English Rule – crimes are triable in the country unless they only affect things
within the vessel or to the internal management (PH observe this rule)

Persons exempt of our criminal laws by virtue of the principles of public NOTES:
 The PH vessel, although beyond three miles from the seashore, is considered part of the
international law: national territory.
(1) Sovereigns and other chiefs of state  When the PH vessel or aircraft is in the territory of a foreign country, the crime
(2) Ambassadors, minister plenipotentiary, minister resident and charges committed is subject to the laws of that foreign country.
d’affaires  The PH has no jurisdiction over the crime committed on the high seas on board a vessel
not registered or licensed in the PH.
NOTES:  Crimes punishable by Art 2 are tried in the RTC.
 A consul is not entitled to the privileges and immunities of an ambassador or  Foreign merchant ship is considered an extension of the territory of the country to
minister which it belongs.
 When a foreign merchant vessel enters the three-mile limit, the ship’s officers and crew
become subject to the jurisdiction of our courts
2. Territorial – penal laws are enforceable only within the PH territory  All must concede that the felonious act of homicide is a subject for the local jurisdiction
 Warships are always reputed to be the territory of the country to which they belong and
Philippine Territory: cannot be subjected to the laws of another state.
a. Philippine archipelago
b. Atmosphere Extra-territorial application of RA No. 9372
c. Interior waters a. Crimes committed within terrestrial domain, interior waters, maritime zone and
d. Maritime zone airspace of the PH
b. Outside PH but commit, conspire to plot any crime defined and punished inside
Outside PH Jurisdiction but included (exceptions): territorial limits of the PH
a. Offenses on a PH ship or airship c. Crimes committed on board PH ship or airship
b. Forging or counterfeiting PH coin or currency note of PH or obligations and d. Crimes committed within PH embassy, consulate or diplomatic premises
securities issued by PH Gov’t e. Outside PH but crimes against PH citizens where their citizenship or ethnicity
c. Introduction into the PH of obligations and securities mentioned in #B was a factor of the commission of the crime
d. Public officers or employees committing an offense in the exercise of their f. Outside PH but crimes committed are against PH Government
functions
e. Crimes against national security
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3. Prospective – crimes are punished under laws in force at the time it was committed NOTES:
 Act must be external. Internal acts are beyond the sphere of penal law. Criminal thought
or intent without action will never constitute a felony.
Exceptions to Prospective Application in Criminal Law:  Felonies (acts and omissions) are punishable by RPC, crimes and offenses are punishable
When a new statute is favorable to the accused, it will be applied retroactively by special statutes.
except when:
a. New law is inapplicable to pending actions or existing causes of action Classification of felonies
b. The offender is a habitual criminal 1. Intentional Felonies (deceit or dolo)
 Acts or omission is malicious
Effects of Repeal of Penal Laws:  Done with deliberate intent or malice
a. Lighter Penalty – new law shall be applied except when the exceptions above  Intent to do an injury to another
are attendant
NOTES:
b. Higher Penalty – law at the time of the commission shall be applied
 Murder, Treason, Robbery and Malicious Mischief cannot be committed through fault
c. Total Repeal/No longer punishable – the crime is obliterated
2. Culpable Felonies (fault or culpa = FINS)
Two Theories in Criminal Law  Acts or omission is not malicious
1. Classical  The injury caused is unintentional
 Human has free will and the purpose of penalty is retribution  Performed without malice but punishable
2. Positivist  The wrongful act are results of:
 Human is subdued occasionally by a strange and morbid phenomenon a. Imprudence (deficiency of action)
which compels him to do wrong b. Negligence (deficiency of perception)
c. Lack of foresight (failure to pay proper attention)
d. Lack of skill (failure to use due diligence)

FELONIES NOTES:
 Acts and omission punishable by law  Intentional and culpable felonies must be voluntary.
 When there is compulsion or prevention by force or intimidation, there is no
voluntariness in the act
Act – Any bodily movement which tend to have an effect in the external world
Omission – Failure to perform a positive duty which one is bound to do 3. Felonies defined and punished by Special Laws
 Intent is not required, it is enough to do the act
Elements of felonies  Doing a prohibited act is injurious to the public welfare
1. There must be acts and omission
2. The acts and omission is punishable by law
3. The acts and omission incurred by means of deceit or fault
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Mala Inse v. Mala Prohibita

Requisites of dolo or malice  Mala Inse – wrongful from their nature (theft, rape, homicide)
1. Freedom  Intent governs
 When a person acts without freedom, he is only a tool  Inherently immoral (even if punishable by special law)
 Person who acts under the compulsion of an irresistible force or impulse of  Mala Prohibita – wrong because forbidden by a statute
an uncontrollable fear of equal or greater injury is exempt from criminal  Violation is enough
liability  Criminal intent is not necessary
2. Intelligence
 Without intelligence to determine the morality of human acts, there is no Intent v. Motive
crime (insanity, imbecility, minority)  Motive – moving power which impels one to act
3. Intent  Not an essential element of a crime
 Intent to commit act with malice  Good or bad motive can be punishable by law
 Helpful when the identity of the accused is in dispute
NOTES:
 Lack of motive could be helpful to show innocence
 Intent presupposes the exercise of freedom and use of intelligence
 The existence of intent is shown by the overt acts of a person  Intent – intent to commit an act with malice
 The act of the person does not make him a criminal, unless his mind be criminal

Mistake of Fact:
 Misapprehension of fact on the part of the person who caused injury to another Rationale of Article 4:
 Not criminally liable since he did not act with criminal intent  “He who is the cause of the cause is the cause of evil caused”

Requisites of Mistake of Fact as a defense: Important words and phrases from Article 4 Par.1:
1. Act done would have been lawful as the accused believed them 1. Committing a felony
2. Intention should be lawful  In criminal liability, the felony should be committed with intent
3. The mistake must be without fault or carelessness  Always dolo because culpa sometimes do not have intent
2. Although the wrongful act done be different from that which he intended:
NOTES:
 Mistake of fact can be a (1) mitigating circumstance under Art. 11 or (2) an absolutory cause under Art.
247 or (3) an involuntary act. Still criminally liable even if:
 Mistake of fact does not apply in mistake in identity since there is still a criminal intent. a. There is mistake in identity
 When the accused is negligent, mistake of fact is not a defense. b. There is mistake in the blow
 The defense of mistake of fact is invalid when the accused is charged with a culpable felony. c. Injury greater than what is intended
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Requisites of Art 4 Par 1: Development of crime

1. Intentional felony has been committed 1. Internal acts – mere ideas in the mind of a person, not punishable until they have
2. The wrong done is the direct, natural and logical consequence of the felony been carried out and put into execution
committed 2. External acts
 Natural = an occurrence in the ordinary course of human life or event a. Preparatory acts – Not punishable
 Logical = rational connection between the act of the accused and the b. Acts of execution – Punishable, this includes attempted, frustrated and
resulting injury or damage consummated crimes

NOTES: STAGES OF EXECUTION (Art 6)

 There is no felony committed when (1) acts and omission is not punishable by the RPC and (2) when 1. Consummated – when all of the elements necessary for its execution and
the act is covered by a mitigating circumstance
 An accused is liable for all the consequences of his act
accomplishment are present
 The defender is criminally liable for the death of the victim if his felonious act caused, accelerated or
contributed to the death of the victim. 2. Frustrated – when all of the acts of execution are performed which would result to a
felony but do not produce it by reasons of cause independent to the will of the
IMPOSSIBLE CRIMES (Article 4 Par 2): perpetrator
 Commission of an impossible crime is indicative of criminal tendency on the part of
the actor. Such actor is a potential criminal. Elements of Frustrated Felony:
a. Performance of all acts of execution
Requisites of Impossible Crimes (Art 4 Par 2): b. Performance of all acts would produce the felony as a consequence
1. Act to be performed against person or property c. The felony is not produced
2. Act was to be done with evil intent d. By the reasons independent of the will of the perpetrator
3. The accomplishment is inherently impossible or the means are
(a) inadequate or (b) ineffectual 3. Attempted – when all of the acts of execution are not performed which would result
 There must be legal or physical impossibility to a felony but do not produce it by reasons od some cause or accident other than
 There must be an employment of inadequate means its own spontaneous desistance
 There must be an employment of ineffectual means
4. Act performed does not constitute a violation of another provision in RPC Elements of Attempted Felony:
a. Commencement of the commission of the felony directly by overt acts
 There is an external act
 The external act is directly connected to the crime
b. Does not perform all acts which would result to a felony
c. The act is not stopped by his own spontaneous desistance
d. The non-performance of all acts was due to cause or accident other than his
spontaneous desistance