Criminal Law Concepts & Principles
Lecture (16 March 2017)
CRIMINAL LAW
Is the body of law that relates to
crime. It regulates social conduct
and prescribes whatever is
threatening, harmful, or otherwise
endangering to the property,
health, safety, and moral welfare
of people. It includes the
punishment of people who violate
these laws.
A body of rules and statutes that
defines conduct prohibited by the
government because it threatens
and harms public safety and
welfare and that establishes
punishment to be imposed for the
commission of such acts.
CRIMINAL LAW VS. CRIMINAL
PROCEDURE
Criminal Law
A branch of municipal law which
defines crimes, treats of their
nature and provides for their
punishment.
The term criminal law generally
refers to substantive criminal laws
Substantive criminal laws define
crimes and may establish
punishments
Criminal Procedure
Describes the process which the
criminal laws are enforced.
THEORIES OF CRIMINAL LAW
Classical
The basis of criminal liability is
human free will to choose
between good and evil and crime
can be prevented by severe
punishment or retribution.
More stress on the felonious act
than upon the offender.
Applies to heinous crimes
Positivist
Criminals are born not made
Man is occasionally subdued by a
morbid or strange phenomenon
which constraints him to do wrong
contrary to his volition.
Eclectic or Mixed
A combination of positivist and
classical theories where crimes
that have economic and social
causes must be dealt with a
modicum of compassion.
DOCTRINES/MAXIMS ON CRIMINAL
LAW
Pro Reo
Whenever a penal law is to be
construed or admits of different
interpretations, one lenient and
one strict to the offender, that
interpretation which is lenient to
the offender will be applied.
Nullum Crimen, Nulla Poena Sine
Lege
There is not crime when there is
not law punishing the same
Actus Non Facit Reum, Nis Mens Sit
Rea
The act cannot be criminal unless
the mind is criminal
CHARACTERISTICS OF CRIMINAL
LAW
Generality
Law is binding to all persons who
reside in the Philippines
Territoriality
Law is binding to all crimes
committed in the Philippines within
the Philippine National Territory.
Prospectivity
 Penal Law does not have
retroactive effect.
EXCEPTION: When the new
penal law is favorable to the
accused.
SOURCES OF LAW
Revised Penal Code
Special Penal Laws
REVISED PENAL CODE
Took effect on January 1, 1932
Book 1
The general principles of criminal
law
The general provisions on the
application of law
It defines FELONIES
Defines circumstances which
affect criminal liability justifying
circumstances and circumstances
which exempt, mitigate, or
aggravate criminal liability.
Defines the classification,
duration, and effects of criminal
penalties.
Provides for the extinction and
survival of criminal and civil
liabilities in crimes
Book 2
Crimes against National Security
and the Law of Nations
Crimes against the Fundamental
Laws of the State
Crimes against Public Order
Crimes against Public Interest
Crimes relative to Opium and
Other Prohibited Drugs (Amended
by R.A. 9265 or the Anti-
Dangerous Drugs Act)
Crimes against Public Morals
Crimes committed by Public
Officers
Crimes against Persons
Crimes against Personal Liberty
and Security
Crimes against Property
Crimes against Chastity
Crimes against the Civil Status of
Persons
Crimes against Honor
Criminal Negligence
LIMINTATIONS ON LEGISLATURE
On enactment of Special Penal Laws:
Must be general in application
Must not partake of the nature of
an Ex Post Facto Law
Must not partake on the nature of
a Bill of Attainder
Must not impose cruel and
unusual punishment or excessive
fines
APPLICATION OF PHILIPPINE
CRIMINAL LAWS
Penal Laws shall be enforced
within the Philippine Archipelago,
including its atmosphere, interior
waters, and maritime zone.
Penal Laws shall be obligatory
upon all who live or sojourn in the
Philippine territory.
EXCEPT as provided for in the
treaties and laws of preferential
application, the provisions of the
revised penal ode shall be
enforced not only within the
Philippine archipelago, including
its atmosphere, its interior waters
and maritime zone
Territorial within the Philippine
Jurisdiction
EXCEPTIONS: EXTRA-TERRITORIAL
APPLICATION
Against one who commits an
offense while on a Philippine ship
or airship
 Against one who forges or ethnicity was a factor in the
counterfeits any coin, currency, or commission of the crime.
note of the Republic of the Individual persons who, although
Philippines or obligations and physically outside the territorial
securities issued by the limits of the Philippine
government of the Philippines. Government, commit the said
Against those who should be crimes directly against the
liable for acts connected with the Philippine Government (R.A.
introduction into these islands of 9372)
the obligations and securities
mentioned in the preceding FELONY VS. CRIME
number
Against public officers and Felony
employees who commit an Acts or omissions punishable by
offense in the exercise of their the Revised Penal Code
functions Requisites:
Against one who should commit o An act or omission
any of the crimes against national o Punishable by the Revised
security, and the law of nations, Penal Code
defined in Title One of Book Two o Said act was performed by
of the Revised Penal Code (RPC) means of dolo or culpa
Individual persons who, although Crime
physically outside the territorial Acts or omissions punishable by
limits of the Philippines, commit, any penal law.
conspire or plot to commit any of
the crimes punished in R.A. 9372 Dolo (deceit)
inside the territorial limits of the Act performed with deliberate
Philippines intent.
Individual persons who, although Requisites:
physically outside the territorial o Freedom
limits of the Philippines commit o Intelligence
any of the said crimes on board o Intent
Philippine ship or airship.
Individual persons who commit Culpa (fault)
any of the said crimes within any Wrongful act results from
embassy, consulate, or diplomatic imprudence, lack of foresight, or
premises belonging to or occupied lack of skill
by the Philippine Government in Requisites:
an official capacity. o Freedom
Individual person who, although o Intelligence
physically outside the territorial o Imprudence, lack of
limits of the Philippines, commit foresight, lack of skill
said crimes against Philippine o Lack of intent
citizens or persons of Philippine
descent, where their citizenship or
Mala in se Motive
Acts which are inherently evil or The reason why a person commits
bad or wrongful per se. an act.
Violations of the Revised Penal What impels a person to commit
Code an act for a definite result
Good faith is a defense. Not an element of a crime
Not a determinant of criminal
Mala prohibita liability without the overt act of
Violations of Special Laws execution.
Good faith is not a defense
When the act penalized is not Desistance of the Offended Party
inherently wrong but is wrong only Negates the criminal liability of the
because a law punishes its offender
commission. Dismissal of the case which has
an effect that the complaint
Proximate Cause involving the same subject matter,
That cause, which in a natural and evidence, and parties can no
continuous sequence, unbroken longer be re-filed.
by any efficient intervening cause,
produces the injury and without
which the result would not have
occurred.
Such adequate and efficient
cause, in the natural order of
events, and under the particular
circumstances surrounding the
case, which would necessarily
produce the event
Intent
The purpose to use a particular
means to achieve a desired result
An element of a crime
Kinds of Intent:
o General Criminal intent
Presumed by from
the mere doing of a
wrongful act
Does not require
proof.
o Specific Criminal Intent
Not presumed
because it is an
element of a crime.
Must be proven by
the prosecution