DEFINE CRIMINAL LAW d.

outside its jurisdiction

A body of rules and statutes that defines conduct 3. PROSPECTIVITY

prohibited by the government because it threatens and
harms public safety and welfare and that establishes - A penal law does not have retroactive effect
punishment to be imposed for the commission of such acts. - If favorable to the accused, a penal law MAY
be given retroactive effect EXCEPT if the
SOURCES OF CRIMINAL LAW accused is a HABITUAL DELINQUENT
- Applies not only to original amendatory
1) The Revised Penal Code (RA 3815) and its amendments; statutes and administrative rulings but also
applies to judicial decisions
2) Republic Acts;
THEORIES OF CRIMINAL LAW
3) Presidential Decrees, and
1. Classical Theory Man is essentially a moral
4) Other Special Penal laws passed by the Philippine creature with an absolute free will to choose
Commission, Philippine Assembly, Philippine Legislature, between good and evil and therefore more stress
National Assembly, the Congress of the Philippines, and is placed upon the result of the felonious act than
the Batasang Pambansa upon the criminal himself.
2. Positivist Theory Man is subdued occasionally
CHARACTERISTICS OF CRIMINAL LAW
by a strange and morbid phenomenon which
1. GENERALITY conditions him to do wrong in spite of or contrary
to his volition.
- Penal laws are obligatory to all persons 3. Eclectic or Mixed Philosophy -This combines
sojourning or residing in Philippine territory both positivist and classical thinking. Crimes that
- Irrespective of age, sex religion, political creed are economic and social in nature should be dealt
and the like with in a positivist manner; thus, the law is more
compassionate. Heinous crimes should be dealt
EXCEPTIONS: with in a classical manner; thus, capital
punishment
PUBLIC INTERNATIONAL LAW:

INCLUSIVE & EXCLUSIVE applies only to BASIC CRIMINAL LAW OF THE PHILIPPINES

Sovereigns or Heads of State CONSTRUCTION OF PENAL LAWS

Ambassadors 1. Criminal Statutes are liberally construed in favor of

the offender. This means that no person shall be
Ministers resident or plenipotentiary brought within their terms who is not clearly within
them, nor should any act be pronounced criminal
Charge daffaires and Attaches which is not clearly made so by statute.
2. The original text in which a penal law is approved
LAWS OF PREFERENTIAL APPLICATION: in case of a conflict with an official translation.
3. Interpretation by analogy has no place in criminal
SUPERIOR TO ANY STATUTE
law
Member of Congress under Art VI, Sec. 11, 1987
Constitution LEGISLATIVE LIMITATIONS ON ENACTING PENAL
LAWS
Extension of Immunity under RA 75
1. Must be general in application.
2. TERRITORIALITY
2. Must not partake of the nature of an ex post facto law.
4 PARTS OF PHILIPPINE TERRITORY
3. Must not partake of the nature of a bill of attainder.
a. Atmosphere - above the islands
4. Must not impose cruel and unusual punishment or
comprising the archipelago
excessive fines.
b. interior waters - Waters separating the
islands

c. maritime zone - extends to 12 miles from

the outermost coastline
DEFINITION OF PRO REO laws are always mala prohibita. Even if the
crime is punished under a special law, if the
Whenever a penal law is to be construed or applied and act punished is one which is inherently wrong,
the law admits of two interpretations one lenient to the the same is malum in se, and, therefore, good
offender and one strict to the offender that faith and the lack of criminal intent is a valid
interpretation which is lenient or favorable to the offender defense; unless it is the product of criminal
will be adopted. negligence or culpa.
- Likewise when the special laws requires that
DEFINITION OF NULLUM CRIMEN NULLA POENA SINE the punished act be committed knowingly and
LLEGE willfully, criminal intent is required to be
proved before criminal liability may arise.
There is no crime when there is no law punishing the
- When the act penalized is not inherently
same. This is true to civil law countries, but not to
wrong, it is wrong only because a law
common law countries.
punishes the same.
Because of this maxim, there is no common law crime in
the Philippines. No matter how wrongful, evil or bad the
APPLICATION OF PENAL LAWS AND ITS EXCEPTIONS
act is, if there is no law defining the act, the same is not
considered a crime. Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
DEFINITION AGUS NON FACIT REUM NISI MENS SIT not only within the Philippine Archipelago, including its
REA atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
The act cannot be criminal where the mind is not criminal.
This is true to a felony characterized by dolo, but not a Should commit an offense while on a Philippine
felony resulting from culpa. This maxim is not an absolute ship or airship
one because it is not applied to culpable felonies, or those
that result from negligence. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
DEFINITION OF UTILITARIAN PROTECTIVE THEORY securities issued by the Government of the
Philippine Islands
The primary purpose of the punishment under criminal
law is the protection of society from actual and potential Should be liable for acts connected with the
wrongdoers. The courts, therefore, in exacting retribution introduction into these islands of the obligations
for the wronged society, should direct the punishment to and securities mentioned in the presiding number
potential or actual wrongdoers, since criminal law is
directed against acts and omissions which the society does While being public officers or employees, should
not approve. Consistent with this theory, the mala commit an offense in the exercise of their
prohibita principle which punishes an offense regardless functions
of malice or criminal intent, should not be utilized to apply
the full harshness of the special law. Should commit any of the crimes against national
security and the law of nations, defined in Title
MALA IN SE One of Book Two of this Code.
Violations of the Revised Penal Code are referred to CRIMES VS FELONIES
as malum in se, which literally means, that the act is
inherently evil or bad or per se wrongful Crime is an action or omission by a person having capacity
of any act, which is either prohibited or compelled by law,
MALA PROHIBITA and the commission or omission of which is punishable by
a proceeding brought in the name of the government
- Violation of special penal laws whose law has been violated
- The violation of the law exists when the act
prohibited is committed Felonies are ACTS OF OMISSIONS PUNISHABLE BY LAW
- It has no concern with the character and effect OR THE REVISED PENAL CODE
of the act (people vs. ca, 135 scra372)
- Malice and intent are not essential in crimes CONCEPT OF DOLO AND CULPA
punishable by special laws
- Good faith is not a defense and criminal intent - Both are felonies
is not an element - Dolo is intentional
- Not all violations of special laws are mala o Freedom
prohibita. While intentional felonies are o Intelligence
always mala in se, it does not follow that o Intent
prohibited acts done in violation of special
 - Exceptions:
- Culpa is not intentional o Treason
o Freedom o Rebellion, insurrection, coup detat
o Intelligence o Sedition
o Negligence of imprudence o Arson

MALICE PROPOSAL TO COMMIT CONSPIRACY

The intentional commission of a wrongful act, absent - There is proposal when a person who had
justification, with the intent to cause harm to others; decided to commit a felony proposes its
conscious violation of the law that injures another execution to some other person or persons
individual; a mental state indicating a disposition in - Exceptions:
disregard of social duty and a tendency toward o Treason
malfeasance. o Rebellion, insurrection, coup detat
o Malicious damage or destruction of
INTENT any building by explosives or
incendiary device
- determination to do a certain thing; an aim;
the purposeof the mind; including such HOW IS CRIMINAL LIABILITY INCURRED
knowledge as is essential to such intent, the
design to resolve, or determination with - By any person committing a felony (delito)
which a person acts (guevarra vs. almodovar, although the wrongful act done be different
169 scra 476) from that which he intended
- the purpose to use a particular means to effect - By any person performing an act which would
a particular result be an offense against persons or property,
- an element of a crime were it not for the inherent impossibility of its
accomplishment, or on account of the
MOTIVE employment of inadequate or ineffectual
means
- the reason which impels one to commit an act
for a definite result DEFINE ERROR IN PERSONAE/Mistake of the person
- not an element of a crime
- becomes relevant and its absence may assume It refers to mistake of a persons identity. Injuring one
determinative significance only when the person who is mistaken for another (this is a complex
accused has not been positively identified and crime under Art. 48)
proof thereof becomes essential only when
evidence of commission of the crime is purely In error in personae, the intended victim was not at the
circumstantial or is inconclusive (people vs. scene of the crime. It was the actual victim upon whom the
balinas, 202 scra 516,517) blow was directed, but he was not really the intended
victim.
NEGLIGENCE
Error in personae is mitigating if the crime committed is
Deficiency of perception; failure to foresee impending different from that which was intended. If the crime
danger, usually involves lack of foresight committed is the same as that which was intended, error in
personae does not affect the criminal liability of the
PROXIMATE CAUSE offender.
Such adequate and efficient cause as, in the natural order DEFINE ABERRATIO ICTUS
of events, and under the particular circumstances
surrounding the case, which would necessarily produce - Mistake in the blow
the event. - Hitting somebody other than the target due to
lack of skill or fortuitous instances
Requisites:
1. the direct, natural, and logical cause DEFINE MISTAKE OF FACT
2. produces the injury or damage
3. unbroken by any sufficient intervening cause A misapprehension of fact on the part of the person who
4. without which the result would not have occurred caused injury to another. He is not criminally liable.

CONSPIRACY DEFINE PRAETER INTENTIONEM

- It exists when 2 or more persons come to an - He who is the cause of the cause is the cause
agreement concerning the commission of a of the evil caused
felony and decide to commit it
 - Where the result exceeded the criminal intent Desistance is true only in the attempted stage of the
and the resulting felony cannot be foreseen felony. If under the definition of the felony, the act done is
already in the frustrated stage, no amount of desistance
STAGES ON CONVICTION OF A CRIME AND FELONY will negate criminal liability.

Consummated The spontaneous desistance of the offender negates only

the attempted stage but not necessarily all criminal
- When all the elements necessary for its
liability. Even though there was desistance on the part of
execution and accomplishment are present
the offender, if the desistance was made when acts done by
him already resulted to a felony, that offender will still be
Frustrated
criminally liable for the felony brought about his act
- When the offender performs all the acts of
execution which would produce the felony as In deciding whether a felony is attempted or frustrated or
a consequence but which, nevertheless, do not consummated, there are three criteria involved:
produce it by reason of causes independent of (1) The manner of committing the crime;
the will of the perpetrator (2) The elements of the crime; and
(3) The nature of the crime itself.
Attempted

- When the offender commences the

commission of a felony directly by overt acts,
and does not perform all the acts of execution
which should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance

KINDS OF FELONIES

Grave felonies

- Those which the law attaches the capital

punishment or penalties which in any of their
periods are afflictive, in accordance with
article 25 of the revised penal code

Less grave felonies

- Those which the law punishes with penalties

which in their maximum period are
correctional, in accordance with article 25 of
the revised penal code

Light felonies

- Those infractions of law, the commission of

which the penalty of arresto menor or a fine
not exceeding 200 pesos or both is provided
- Punishable only when they have been
consummated, with the exception of those
committed against persons or property

NATURE OF DESISTANCE

Desistance theory is a criminological phenomenon which

describes how criminal offenders stop their offending
behavior. Desistance theory strives to explain the process
by which offenders come to live life free from
criminality. craigaharper.wordpress.com/

Desistance on the part of the offender negates criminal

liability in the attempted stage.