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1. Ex post facto law or bill of attainder shall not be enacted. *Ex post facto law makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. - Aggravates a crime, or makes it greater than it was, when committed - Changes the punishment and inflicts greater punishment than the law annexed to the crime when committed - Alters legal rules of evidence, and authorizes conviction upon less or different testimony than the law requited at the time of the commission of an offense. - Assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was lawful. - Deprives a person accused of a crime some lawful protection to which he has become entitled. Bill of Attainder an act which would inflict punishment without judicial trial. It offends against the due process clause and has the features of ex post facto law. It is a violation of judivial function by the legislative. 2. No person shall be held to answer for a criminal offense without due process of law. It requires that criminal laws must be of general application and must clearly define the acts and omissions punished as crimes. Characteristics of Criminal Law I. GENERAL binding on all persons who live or sojourn in the Philippine territory. - Refers to persons covered by penal laws. NOTE: The Philippines is a sovereign state and it punishes persons for offenses committed within its territory regardless of the nationality of the offender. Heads of States and Diplomatic representatives are not subject to the Philippine territorial jurisdiction. a. Jurisdiction of the civil courts is not affected by the military character of the accused.

CRIMINAL LAW branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Deals with the relation of the individual to the State. It is substantive because it defines the States right to inflict punishment and the liability of the offenders, as distinguished from criminal procedures. CRIME An act committed or omitted in violation of public law forbidding or commanding it. HOW TO DEFINE A CRIME: (1) What particular act constitutes the crime (2) What are the elements of the act CRIMINAL PROCEDURE body of rules that enforces or regulates Criminal Laws provides for prosecution and/or conviction of an accused. PENAL LAWS acts of legislature which prohibits certain acts and establishes penalties for their violations. FELONY a crime punished under the revised penal code. OFFENSE a crime punished under a special law; a statutory offense MISDEMEANOR a minor infraction of the law, such as a violation of an ordinance. SOURCES of PHILIPPINE CRIMINAL LAW 1. Revised Penal Code 2. Special Penal Laws by: a. Philippine Commission b. Philippine Assembly c. Philippine Legislature d. National Assembly e. Congress of the Philippines f. Batasang Pambansa 3. Penal Presidential Decrees using Martial Law Court decisions are not sources of criminal law, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government. The State (police power) has the authority to define and punish crimes and to lay down the rules of criminal procedure.

LIMITATIONS ON THE POWER OF THE LAWMAKING BODY TO ENACT PENAL LEGISLATION

b. Civil courts have concurrent jurisdiction with general courts martial over soldier of the armed forces of the Philippines. Civil courts jurisdiction extend to the following:

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citizen or the offense is against the security of the Philippines. b. Any offense committed outside the base by any armed forces of the US which is the offended party is also a member of the armed forces of the US c. Offense committed by a US army member against the security of the US VISITING FORCES AGREEMENT was signed on February 10, 1998 between the US and Phil contains: a. US military authorities shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the US over US personnel in RP b. US authorities exercise exclusive jurisdiction over US personnel c. US military authorities shall have the primary right to exercise jurisdiction over US personnel subject to the military law of the US. PERSONS EXEMPTED from the Operation of the Criminal Laws by Virtue of the Principles of public international law. 1. Sovereigns and other chiefs of state. 2. Ambassadors, ministers, plenipotentiary, ministers resident, and charge daffairs, domestic servants of the persons mentioned A CONSUL is not entitled to the privileges and immunities of ambassador or minister because they represent the business, commercial mercantile interests of their country of origin. *WARSHIP RULE - A warship of another country, even though docked in the Philippines is considered an extension of the territory of its respective country. - Acts done within a warship of another country cannot be subjected to the criminal law of the Philippines. *EMBASSIES - Considered as extensions of their respective countries thus, making them subject to their own laws. II. TERRITORIAL criminal law undertake to punish crimes committed within Philippine territory. It means that penal laws of the Philippines are enforceable only within its territory. - Refers to place where the law is applicable. CRIME offense against the dignity, authority and sovereignty of the Philippine territory. COMPONENTS OF A CASE

3. 4.

Murder cases committed by persons subject to military law Military courts or general courts-martial over soldiers of the Armed Forces of the Philippines Offenses of malversation committed by an army finance officer. Even in times of hour, 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.

c.

Revised Penal Code or other penal law is not applicable when the military court takes cognizance of the case.

d. Jurisdiction of military courts e. The prosecution of an accused before a courtmartial Offenders accused of war crimes are tribal by military commission.

f.

EXCEPTIONS TO THE GENERAL APPLICATION OF CRIMINAL LAW 1. Article 2 of the Revised Penal Code stating: the provisions of this Code shall be enforced within the Philippine Archipelago, except as provided in the treaties and laws of preferential application. LAW OF PREFERENTIAL APPLICATION RA No. 75 may be considered as law of preferential application in favor of diplomatic representative and their domestic servants. 2. Article 14 of the new Civil Code provides: penal laws and those of public security and safety shall be obligatory upon all who live or sojourn the Philippine territory, subject to the principles of public and international law and to treaty stipulations. TREATY or TREATY STIPULATIONS Examples: BASES AGREEMENT entered into by and between the Republic of the Philippines and the USA on March 14, 1947 (expired on September 16, 1991) stipulating that the Philippine consents that the US have the right to exercise jurisdiction over the ff: a. Any offense committed by a person within the base except when the both parties are Filipino

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REPEALS 1. ABSOLUTE or EXPRESS - The effect is decriminalization - The obliteration of a crime - For pending cases, the case shall be dismissed. - For those serving time, they shall be released because there is no more reason for the accused to serve time. 2. PARTIAL or IMPLIED The crime is still punishable but modified

Criminal Aspect seeks the imposition of penalty provided by law Civil Aspect for the interest of the offended party: to seek payment of damages or for indemnify *Role of offended party to act as witness for the government *Compromise agreements affidavit of desistance (has to be signed by the prosecution)

EXTENT of Philippine territory for purposes of criminal law 1. Art. 2 of the Revised Penal Code Provisions of the said code shall be enforced within the Philippine Archipelago. 2. Art. 1 of the 1987 Constitution. EXCEPTIONS to the territorial application of criminal law 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 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 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. III. PROSPECTIVE a penal law cannot make an act punishable in a manner in which it was not punishable when committed. Crimes are punished under the laws in force at the time of their commission. - Time when the law should be applied.

3.

SELF-REPEALING Is deemed repealed upon expiration of the date specified by the law - Law dies a natural death -

Different EFFECTS of Repeal of Penal Law 1. If the repeal makes the penalty lighter in the new law, the new law will be enforced, except when the offender is a habitual delinquent. 2. If the new law enforces heavier penalty, the law in force at the time of the commission of the offense shall be applied. 3. 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.

THE REVISED PENAL CODE (Act No. 3815, as amended) BOOK 1

HISTORY of the REVISED PENAL CODE Administrative Order No. 94 created the committee on October 18, 1927 to revised the Penal Code , taking into consideration the existing conditions , the special penal laws and the rulings laid down by the Supreme Court. Enforced on December 31, 1931 and took effect on July 14, 1887

EXCEPTIONS to the prospective application of criminal laws. Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be given a retroactive effect. This exception has no application if: a. When the new law is expressly made inapplicable to pending actions or existing causes of action. b. Where the offender is a habitual criminal

ARTICLE 1. Time when Act takes effect. This Code shall

take effect on the first day of January, nineteen hundred and thirty two. Theories in Criminal Law 1. Classical a. Basis of criminal liability i. Human free will and the purpose of the penalty is retribution.

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All laws must be interpreted liberally in favor of the accused and strictly against the State. This is because it is the State which drafted and prescribed the law, hence, the ambiguity,the law must be read, interpreted and construed against the State. EQUIPOISE RULE - if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty, and does not suffice to produce a conviction, the same must be denied.

ii. Man is essentially moral creature with an absolutely free will to choose between good and evil, therby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself. b. Purpose of penalty i. Scant regard to the human element ii. Objective is retribution iii. Eye for a eye, a tooth for a tooth Determination of Penalty i. Established by a specific and predetermined penalty for the offense committed. ii. Penalty is mechanically determined in direct proportion to the crime committed. Emphasis on the law i. On the offense (crime) not on offender

c.

d.

2. Positivist a. Basis of criminal liability i. Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition ii. Man is inherently good but the offender is socially sick. iii. He is a product, not only of biological factors, but also of his environment. iv. His thought and actions are influenced by his upbringing, social environment, and associations. b. Purpose of the penalty i. Objective is reformation ii. Penalty should be corrective or curative to bring him back to good nature. c. Emphasis of the law i. Emphasis is on the criminal 3. MIXED or ECLECTIC a. Combines the classical and the positivist b. Applies the classical theories for heinous crimes c. Applies the positivist for economic and social crimes NOTE: Nullen crimen nulla poena sine lege there is no crime when there is no law that defines and punishes it. The Philippines is a civil law country (as against the common law country where laws are evolved.) Penal laws are enacted hence, no matter how heinous is an act, it is not considered a crime unless there is a law that punishes it.

- 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 a. The Philippine vessel, although beyond three miles from the shore, is considered a part of the National territory. b. A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. c. Not applicable to vessels not registered to the Philippines. 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 Crimes that may be committed in the exercise of public functions are the ff: a. Direct Bribery b. Indirect bribery c. Frauds against the public treasury d. Possession of prohibited interest e. Malversation of public formula f. Failure to accountable officer to render accounts g. Illegal use of public funds or property
ARTICLE 2: Application of its provisions. 4

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2. Act or omission must be punishable by the Revised Penal Code 3. Act performed or the omission incurred by means of dolo or culpa ACT any bodily movement tending to produce some effect in the external world that constitutes a felony *The act must be external because the internal acts are beyond the sphere of penal law. OMISSION - means inaction, the failure to perform a positive duty which one is bound to do. There is a law requiring the doing or performance of an act. Examples: 1. Anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded or in danger of dying, is liable for abandonment of persons in danger. 2. Fails to issue receipts. PUNISHABLE BY LAW - based upon the maxim, nullen crimen, nulla poena sine lege, there is a crime where there is no law punishing it. - Punished by the Revised Penal Code and not by a special law. CLASSIFICATION OF FELONIES ACCDNG TO THE MEANS By WHICH THEY ARE COMMITTED. 1. Intentional the act or omission of the offender is malicious. It is performed with deliberate intent, which must necessarily be voluntary. 2. Culpable the act or omission is not malicious but voluntary. The injury cause is unintentional, it being simply incident of another act performed without malice. Wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. IMPRUDENCE indicates deficiency of action *If a person fails to take the necessary precaution to avoid injury to person or damage to property. *Imprudence usually involves lack of skill NEGLIGENCE indicates deficiency of perception *If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused. *Negligence usually involves lack of foresight FELONIES Committed by means of DOLO or with MALICE DOLO or Dolus is equivalent to malice, which is the intent to do an injury to another. INTENT refers to the use of a particular means to bring about the desired result.

Failure to make delivery of public funds or property Falsification by a public officer or employee committed with abuse of his official position.

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. IMPORTANT WORDS: 1. Except as provided in the treaties and laws of preferential application. 2. Its atmosphere - Extend to all air space which covers its territory 3. Interior waters - includes creeks, rivers, lakes and bays, gulfs, straits, coves, inlets and roadsteads lying wholly within three-mile limit. 4. Maritime zone RULES as to JURISDICTION over CRIMES committed abroad foreign merchant vessel. 1. French Rule crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered - Emphasis is on the nationality of the vessel; jurisdiction lies where the merchant vessel is registered. 2. English Rule crimes are triable in that country, unless thy merely affect things within the vessel or they refer to the internal management thereof. - The emphasis is on territoriality of the vessel; where the vessel is found

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILTY

Chapter One FELONIES
ARTICLE 3. Definition - Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. ELEMENTS of FELONIES 1. There must be an act or omission.

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1. The act done would have been lawful had the facts been as the accused believed them to be The act done would not constitute a felony had the facts been as the accused believed them to be. 2. The intention of the accused in performing the act should be lawful 3. The mistake must be without fault or carelessness on the part of the accused. CLASSES OF CRIMES 1. INTENTIONAL FELONIES 2. CULPABLE FELONIES 3. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS *Dolo is not required in crimes punished by special laws. When the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Intent to commit and act there must be criminal intent Intent to perpetrate - it is enough that the prohibited act is done freely and consciously. Good faith and absence of criminal intent not valid defenses in crimes punished by special laws MALA IN SE and MALA PROHIBITA Mala in se wrongful from their nature such as theft, rape, homicide - Serious in effects on society as to call for almost unanimous condemnation of its members; - Intent is essential - Good faith is a valid defense - Honest mistake of fact is a defense - Punishable under RPC - Condemned by society - The act done must be with criminal intent Mala prohibita wrong merely because it is prohibited by statute, such as illegal possession of fire arms. - Violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society. - Intent is not essential - Good faith is not a defense - Honest mistake is not a defense - Punishable by special penal laws - Injurious to public welfare - It is sufficient that the prohibited act was done MOTIVE special reasons that impel the accused to act

Criminal intent is necessary in felonies committed by means of dolo because: Actus non facit rem nisi mens sit rea the act itself does not make a man guilty un less his intention were so. Actuse me invite no est merus actus, an avt done by me against my will is not my act. REQUISITES of a DOLO 1. He must have FREEDOM while doing the act - Under the compulsion of some irresistible force; fear of greater injury; 2. HE must have INTELLIGENCE while doing the act - No intelligence, no criminal liability; e.g. children 15 years old below are exempt from criminal liability. 3. He must have INTENT while doing the act - Essential to a felony; prosecution has to prove intent; good faith is a defense. *ALIBI used in defense saying that the act or omission was not done at all; intends to disprove the existence of an act or omission; weakens defense; can easily fabricated FELONIES committed by means of FAULT or CULPA Performed without malice, but at the same time punishable, though a lesser degree and with an equal result, an intermediate act which the Penal Code qualifies as imprudence or negligence. REQUISITES of a CULPA 1. He must have FREEDOM while doing the act 2. HE must have INTELLIGENCE while doing the act 3. He is IMPRUDENT, NEGLIGENT or LACKS FORSIGHT or SKILL *A criminal act is presumed to be voluntary, Fact prevails over assumption, and in the absence of indubitable explanation, the act must be declared voluntary and punishable. THREE REASONS WHY THE ACT OR OMISSION IN FELONIES MUST BE VOLUNTARY 1. The Revised Penal is based from Classical Theory 2. Act or omissions punished by law are always deemed voluntary 3. In felonies by dolo, the act is done with deliberate malice; If felonies by culpa, the act is done without malice. But both acts are voluntary. MISTAKE OF FACT Ignorance or mistake of fact relieves the accused from criminal liability. REQUISITES:

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2. There is a mistake in the blow - also known as aberration ictus - not a defense in a criminal case; not even a mitigating circumstance 3. The injuries result is greater than that intended - also known as praeter intentionem

- moving power which impels one to action for a definite result. - It is essential only when there is doubt as to the identity of the assailant. - Where there are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons, motive is relevant and significant. - If the evidence is merely circumstantial, proof of motive is essential. - Proof of motive is not indispensible where guilt is otherwise established by sufficient evidence. INTENT the purpose to use a particular means to effect such result. DISCERNMENT ability of the acussed to determine right from wrong EXAMPLES of MALUM PROHIBITION CRIMES DEFINED BY LAW 1. BP 22: anti-bouncing checks law 2. BP 881: violation of election law 3. RA 8294: illegal possession of firearms 4. PD 705: revised forestry code 5. RA 6425: as amended by RA 9165: comprehensive dangerous drug act 6. Labor Code: anti-illegal recruitment 7. RA 1612: anti-fencing law 8. RA 9262: anti-violence against women and children act 9. RA 6235: anti-hijacking law, anti-hazing law, antihuman trafficking law, anti-sexual harassment law ARTICLE 4. Criminal Liability - Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Criminal liability incurred by any person in the cases mentioned in the two par of Art. 4 CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM WHICH THE OFFENDER INTENDED AS CONTEMPLATED IN ART. 4 (1) 1. There is a mistake in the identity of the victim -also known as error in personae; or napagkamalan -not a defense in criminal case; not even a mitigating circumstance