Definition: Criminal Law is branch or division of law which defines crimes, treats of their

nature, and provides for their punishment.

Definition: Crime is an act committed or omitted in violation of a public law forbidding or
commanding it.

Enumeration: Sources of Philippine Criminal Law:

1. The Revised Penal Code
2. Special Penal Laws passed by the Philippine Commissio, Philippne Assembly,Philippine
Legislature, National Assembly, the Congress of the Philippines, and the Batasang
Pambansa
3. Penal Presidential Decress issued during Martial Law

Definition: Common Law is a body of unwritten law based on legal precedents established by
the court.

Enumeration: Two theories in Criminal Law:

1. Classical theory
a. The basis of criminal liability is human free will and the purpose of the
penalty is retribution
b. It has endeavored to establish a mechanical and direct proportion between
crime and penalty.
2. Positivists Theory
a. The man Is subdued occasionally by a strange and morbid phenomenon
which constrains him to do wrong, in spite or contrary to his violition.
b. The crime cannot be treated and checked by thr application of abstract
principles of law but rather throough the enforcement of individul measures
in each particular case.
Characterisitics of Criminal Law:

A. General
Definition: criminal law is binding on all persons who live or sojourn in the Philippine
territory.
Legal Basis: Article 14 of the New Civil Code:
“Penal laws and those of public security and safety shall be obligatory upon all who live
or sojourn in the Philippine territory, subject to the principles of public international law and to
treaty stipulations.”
Exceptions:
1. Treaties
a. Visting Forces Agreement (VFA) between USA and PH
i. Philippine authorities shall have jurisdiction over US personnel with
respect to offences committed within the Philippines and punishable
under the laws of the Philippines
 ii. 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 USR over US personnel in the PH.
iii. Philippine authorities exercise exclusive jurisdiction over US personnel
with respect to offenses punishable under the laws of the Philippines, but
not under the laws of the US.
iv. US exercise exclusive jurisdiction over US personnel with respect to
offenses punishable under the laws of the US but not under the PH.
v. If the crimes is punishable both under PH and US then the Philippines
shall have the primary right to exclusive jurisdiction over all offenses,
especially when it is a threat to the security of the Philippines like :
treason, espionage and sabotage.
1. Exception: the US shall have primary right to exercise jurisdiction
over US personell if the crime committed is:
1.1 against the property of the US
1.2 agaisnt the security of the US
1.3 agaisnt the property of US personnel
1.4 agaisnt the security of US personnel
1.5 committed in the performance of official duties

2. Laws of preferential application

a. Republic Act No. 75 “ AN ACT TO PENALIZE ACTS WHICH WOULD IMPAIR THE
PROPER OBSERVANCE BY THE REPUBLIC AND INHABITANTS OF THE PHILIPPINES
OF THE IMMUNITIES, RIGHT, AND PRIVILEGES OF DULY ACCREDITED FOREIGN
DIPLOMATIC AND CONSULAR AGENTS IN THE PHILIPPINES”
i. Covered by said act: Foreign Diplomatic Agents, Consular Agents,
Ambassador, Public Minister.
ii. Exception: shall not apply to any case where the person against whom
the process is issued is
1. a citizen or inhabitant of the Republic of the Philippines
2. in the service of an ambassador or a public minister
3. the process is founded upon a debt contracted before he entered
upon such service
4. the process is issued is a domestic servant of an ambassador or a
public minister, unless the name of the servant has, before the
issuing thereof, been registered in the Department of Foreign
Affairs, and transmitted by the Secretary of Foreign Affairs to the
Chief of Police of the City of Manila
3. Principles of Public International Law
a. Vienna Convention on Diplomatic Relations
i. Article 31:
“A diplomatic agent shall enjoy immunity from the criminal jurisdiction of
the receiving state”
b. Vienna Convention on Consular Relations
 i. Article 43:
“Consular officers and employees shall not be amendable to the
jursidcition of the judicial or administrative authorities of the receiving
satet in respect of acts performend in the exercise fo their consular
functions”

NOTES TO REMEMBER:
1. CHIEF OF STATE AND AMBASSADORS: ABSOLUTE IMMUNITY
CONSULAR OFFICERS: CONDITIONAL IMMUNITY
EMPLOYEES UNDER AN AGREEMENT: FUNCTIONAL IMMUNITY
Why is there functional immunity: they have imnnunity because it may impair
them from doing their official duties if they were to be prosecuted under a crime
especially commited under official duties.
2. Crimes punishable under the RPC shall be tried in the Civil Courts
a. Exception: If the crimes is service connected then it shall be triable under
the court martial.
Exception to the exeption: if the president expreslly states that the crime
shall be triable under the Civil Court.
B. Territorial
Definition: Criminal laws undertakes to punish crimes committed within Philippine
territory.
Legal Basis:
Article 2 of the Revised Penal Code
Article 1 of the Constitution

Exception the to territoriality:

1. Should commit an offense while on a Philippine ship of airship
a. 12 nautical miles is the territorial waters.
b. the ship must be registered with the Maritime Industry
Authority (MARINA)
c. the airship must be registered with Civil Avian Auhtority of
the Philippines (CAAP)
2. Should forge or counterfeit any coin or currency note of the
Philippines or obligations and securities issued by the
Governemnt of the Philippine Islands.
3. Should be liable for acts connected with the introduction into the
Philippines of the obligation and securities mentioned in the
preceding number.
4. While being public officer or employees, should commit an
offense in the exercise of their functions
Enumeration
a. Crimes committed in the exercise of their functions:
i. Direct Bribery
ii. Indirect Bribery
 iii.Frauds against public treasury
iv.Possession of prohibited interest
v.Malversation of public funds or property
vi.Failure of accountable officer torender account
vii.Illegal use of public funds or property
viii.Failure to make delivery of public funds of property
ix.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 book two of the RPC.
a. Crimes committed against national security
i. Treason
ii. Conspiracy and proposal to commit treason
iii. Espionage
iv. Inciting to war and giving motives for reprisals
v. Violation of neutrality
vi. Correspndende with hostile country
vii. Flight to enemy’s country
viii. Piracy and mutiny on the high seas
Note: REBELLION IS NOT INLUCED BECAUSE IT IS A CRIME
AGAISNT PUBLIC ORDER NOT NATIONAL SECURITY

IMPORTANT NOTE!!!: the exceptions provided under article 2 of the RPC is called
extraterritoriality or exterritoriality ( they are just the same)

ENGLISH RULE v. FRENCH RULE

English Rule – vessel is in the territory of another country, crimes committed in that area are
triable in that other country.
Exception: unless the crimes committed involve purely internal matters within the
vessel;

French Rule – vessel is in the territory of another country, crimes committed in that area are
not triable in that country
Exception: unless the crimes committed have endangered the peace and security of that
country.

NOTES TO REMEMBER:
a. An offense committed on the high seas on board a foreign merchant vessel is not triable
by our court.
b. Offenses committed on board a foreign merchant vessel while on Philippin waters is
triable before our court
 a. Exception: if it is a WARSHIP: warship of another country, even though docked in
the PH is considered an extension of the territory of that country.
c. 12 nautical miles is called the Philippine territorial sea
24 nautical miles from the base is called the contiguous zone, this is where you punish
and prevent crims of CFIS.
i. If a crime was committed within the contiguous zone and it was foreign
merchant vessel then it is no longer under our jurisdiction.
d. Homicide is subject for the local jurisdiction
e. When a crime is committed on high seas, the laws of the nationality of the ship will
apply.

C. PROSPECTIVE
Definition: Acts or ommissions will only be subject to a penal law if they are committed
after a penal law has taken effect.
Legal Bases:
1. Section 22 of the Bill of Rights
“no ex post facto law or bill or attainder shall be enacted”
What makes a law an ex post facto law?
Enumeration:
a. Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act
b. Aggravates a crime or makes it greater than it was when committed
c. Changes the punishment than the law annexed to the crime when
committed
d. Alters the legal rules of evidence and authorizes convinction upon les or
different restimony than the law required of the time fo the commission of
the offense
e. Assumes to regulate civil rights an remedies only, in effect imposes penalty
f. Deprives a person accused of a crime some lawful protection.

2. Article 4 of the Civil Code

“law shall have no retroactive effect, unless the contrary is provided”
3. Article 21 of the RPC
“no felony shall be punishable by any penalty not prescribed by law prior to its
commission”
Exception:
a. When the new law is favorable to the accused.
Legal Basis: Article 22 of the RPC
Exception to the exception:
a. Habitual Delinquent
Definition: a personshall be deemed to be a habitual delinquent if within a
period of 10 years frim the date of his release he is found guilty of the
crimes:
i. Serious or less serious physical injuries
 ii. Robbery
iii. Theft
iv. Estafa
v.
b. When the new law expressly made inapplicable in pending action or existing
cause of action.

Effects of a repeal:
1. If the new law makes a penalty lighter then the new law shall be applied
2. If the new law imposes a heavier penalty then the old law shall apply
3. If the new law is repealed, then the crime is obliterated.

LEGAL MAXIMS:
1. Nullum Crimen Nulla Poena Sine Lege
2. Stare Decisis
Hostes Humani Generis

----------------------------------------------------------------------------------

GENERAL PRINCIPLES OF CRIMINAL LIABILITY

A. Felony
Definition: “ Acts or omissions punishable by law are felonies
(delitos).Felonies are committed not only by 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”

Enumeration: Elements of felonies:

1.There must be an act or omission.
2.That the act or omission must be punishable by the RPC
3.The act is performed or the omission incurred by means of dolo
or culpa

Enumeration Art. 3 classifies felonies, according to the means by

which they are committed, into :
(1) intentional felonies, and
(2) culpable felonies.
 B. Elements of criminal liability
1. Physical element (Actus reus)
a. Act
§ Definition: any bodily movement tending to
produce some effect in the external world
(Reyes)
§ The act must be external, because internal acts
are beyond the sphere of penal law. Hence, a
criminal thought or a mere intention, no matter
how immoral or improper it may be, will never
constitute a felony.
§ the acts done should be voluntary.
o the concurrence of intelligence,
freedom, intent. all should be present in
order to incur criminal liability

b. Omission
§ Definition: means inaction; the failure to
perform a positive duty which one is bound to
do; there must be a law requiring the
performance of an act and punishing the
omission; eg. arbitrary detention; misprision of
treason.
2. Mental element (mens rea)
a. Deliberate intent
§ In intentional felonies, the act or omission of
the offender is malicious.
§ The offender, in performing the act or in
incurring the omission, has the intention to
cause an injury to another.

IMPORTANT NOTE: The word "deceit" in the second paragraph of Art. 3 is not the proper
translation of the word "dolo." Dolus is equivalent to malice,

Enumeration: Requisites of dolo or malice: ALL MUST BE PRESENT!!!!

1.He must have freedom while doing an act or omitting to do an act;
-a person who acts under the compulsion of an irresistible force, uncontrollable fear of an equal
or greater injury is exempt from criminal liability.

2.he must have intelligence while doing the act or omitting to do the act;
-the imbecile or the insane, and the infant under 9 years of age, as well as the minor over 9 but
less than 15 acting without discernment, have no criminal liability- acting without intelligence.

3.He must have intent while doing the act or omitting to to do the act
-intent is presumed and the presumption arisi from the proof of the commission of an unlawful
act.

The maxim is: actus non facit reum, nisi mens sit rea — a crime is not committed if the mind of
the person performing to act complained be innocent

i. Mistake of fact
§ While ignorance of the law excuses no
one from compliance therewith
(ignorantia legis non excusat), ignorance
or mistake of fact relieves the accused
from criminal liability (ignorantia facti
excusat)
§ Definition: Mistake of fact is a
misapprehension of fact on the part of
the person who caused injury to
another.
§ Enumeration: Requisites of mistake of
fact:
a. The act done would have been
lawful had the facts been as
accused believed them to be.
b. That the intention of the
accussed in performing the act
sjould be lawful.
c. That the mistake must be
without fault or carelessness on
the part of the accused.

NOTE:
§ Lack of intent to kill the deceased, because his intention was to kill another, does not
relieve the accused from criminal responsibility.
§ Criminal intent is necessary in felonies committed by means of dolo or deceit.
o Criminal intent is necessary in felonies committed by means of dolo because of
the legal maxims —
§ Actus non facit reum nisi mens sit rea, "the act itself does not make a man
guilty unless his intention were so."
§ Actus me invito factus non est meus actus, “an act done by me against my
will is not my act.” (U.S. vs. Ah Chong, 15 Phil. 499)

ii. Malum prohibita as exception to the

requirement of mens rea
 § in those mala prohibita, it is sufficient if
the prohibited act was intentionally
done, no intent is required
§ Definition: Mala prohibita (wrong
merely because prohibited by
statute),mostly punishable by special
laws, violation of rules of convenience.
§ Reason as to why it is an exception:
When the doing of an act is prohibited
by a special law, it is considered that the
act is injurious to public welfare and the
doing of the prohibited act is the crime
itself.
a. Good faith is not a valid defense
in mala prohibita
iii. Intent distinguished from motive
§ Definition: Motive is the moving power
which impels one to action for a definite
results
§ Definition: Intent is the purpose to use a
particular means to effect such results.
§ Motive is not an essential element of a
crime, and, hence, need not be proved
for purposes of conviction.
§ Definition: Discernment – ability of the
accused to determine right from wrong
b. Constructive intent (culpa)
Definition: In culpable felonies, the act or omission of
the offender is not malicious. The injury caused by the
offender to another person is "unintentional, it being
simply the incident of another act performed without
malice."

i. Elements
§ Without malice
§ Voluntary

Enumeration: Therefore, in order that the act

or omission in felonies committed by means of
fault or culpa may be considered voluntary, the
following requisites must concur:
(1) He must have FREEDOM while doing an act
or omitting to do an act;
 (2) He must have INTELLIGENCE while doing
the act or omitting to do the act;
(3) He is IMPRUDENT, NEGLIGENT or LACKS
FORESIGHT or SKILL while doing the act or
omitting to do the act.
§
ii. Imprudence or lack of skill
§ Imprudence indicates a deficiency of
action.
§ If a person fails to take the necessary
precaution to avoid injury to person or
damage to property, there is
imprudence.

iii. Negligence or lack of foresight

§ Negligence indicates a 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, there is negligence.

NOTE: There are crimes which cannot be committed through imprudence or negligence, such
as, murder, treason, robbery, and malicious mischief.

Art. 4. Criminal liability. — Criminal liability shall be in- curred:

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 on account of the
employment of inadequate or ineffectual means.

One who commits an intentional felony is responsible for all the consequences which may
naturally and logically result therefrom, whether foreseen or intended or not.

c. Transferred intent (art. 4 par 1)

Definition: Causes which may produce a result
different from that which the offender intended, as
contemplated in Art. 4 (1)
i. Aberration ictus
 § There is a mistake in the blow —
aberratio ictus.
ii. Error in personae
§ also known as error in personae
iii. Praeter intentionem
§ The injurious result is greater than that
intended — praeter intentionem
3. Concurrence
the concurrence of intelligence, freedom, intent (Ortega)
.all should be present in order to incur criminal liability :
(a) intelligence – no intelligence, no criminal liability; eg.
children 15 yrs old & below are exempt from criminal liability
(RA 9344)
(b) freedom – no freedom, act is not voluntary, no criminal
liability
(c) intent – essential to a felony; prosecution has to prove
intent; good faith is a defense

4. Resulting harm
a. Any person who creates in another's mind an
immediate sense of danger, which causes the latter to
do something resulting in the latter's injuries, is liable
for the resulting injuries.
5. Causation
a. Definition: Proximate cause is that cause which sets
into motion other causes and which unbroken by any
efficient supervening cause produces a felony without
which such felony could not have resulted
b. Definition: Efficient Intervening Cause – interrupted
the natural flow of events leading to one’s death

C. Impossible crime (art 4 par 2)

Definition: 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 on account of the
employment of inadequate or ineffectual means.

The commission of an impossible crime is indicative of criminal

propensity or criminal tendency on the part of the actor. Such
person is a potential criminal.

The 2nd paragraph of Art. 4 defines the so-called impossible crimes

(impossible attempts).
§ Enumeration: Requisites of impossible crime:
o That the act performed would be an offense against persons or property.
o That the act was done with evil intent.
o That its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual.
o That the act performed should not constitute a violation of another
provision of the Revised Penal Code.