*Sch

A. Fundamental and General in Criminal Law vs GR No.L- 3 1936

1. Definition of Criminal Law

a) Criminal Law
That branch or division of municipal law which

7. defines crimes;
2. treats oftheir nature; and
3. provides for their punishment. 2. Presidential lmmunity

*Estrada vs.
G.R. No. March 2001
b) Nature and Limitations of Criminal Law

Constitutional Limitations:
L Equal Protection Clause
2. Due Process Clause
3. Article lll, Sec. 19 which provides that "No law that provides for cruel or unusual 3. Parliamentarylmmunitv
punishment shall be passed."
4. Art. lll, Sec. 22 of the Constitution which provides that ,,No ex post facto law or bill of Thisis roote.d primarily on the provision of Article Vl, Section lL of the Constitution,
attainder shall be enacted." wnrcn provtoes:

2. Characteristics of Criminal Law/ Applicabilitv and Effectivitv of the penal Code

*
Pobre vs. Defensor-santiago, A.C, No. 7399, August ZS, ZOO}
a) Generality

What is the Basis?

Article 14. CIVIL CODE
Penol lows ond those of public security ond sofety sholl be obligotory upon all who live and
sojourn in Philippine territory subject to the principles of public internotional low ond to treoty

4. Treatv lmmunity
When Applicable?
This is in line with the International law principle of pocto sunt servondo
Exceptions:
1. Consular and diplomatic immunitv vs. GR No. 125865, 2000
a.
Heads of State Unde the Vien na Convention o n Diplomatic Relations, diplomatic
age nt, assu ming petition r
b. Diplomatic Officials is such e njoys lmmun ity from rim na j urisd iction of t he recetvr
ng state except tn the ca se of
c. Those who are exempt by virtue of public lnternational Law an a ction relating to any professiona or co mmercial activity exerc ised
I
by the diplomat ic age nt
d. Those who are exempt by virtue of Treaties tnthe receiving state outs de h is offic ial functions. As a ready mentioned a bove, the
comm tssron of crime is not rt of off icia d
a Doctrine of lncorporation under the Constitution. (Sec 2 Article 2)

a R.A. 75 Sections 4-5 AN ACT TO PENALTZE ACTS WHTCH WOULD tMpAtR THE 5. Laws of Preferential Application
PROPER OBSERVANCE BY THE REPUBLIC AND INHABITANTS OF THE PHILIPPINES
OF THE IMMUNITIES, RIGHT, AND PRIVILEGES OF DULY ACCREDITED FOREIGN . Articles of War (CA No. 408)
DIPLOMATIC AND CONSULAR AGENTS IN THE PHILIPPINES o Code of Muslim personal Laws of the philippines

a Rule on Domestic Servants b) Territoriality

GR:
EXCEPTION: Distinctions
EXP to the EXP:
o 1967 UN CONVENTION ON CONSUTAR RELATIONS. GENERALITY TERRITORIALITY

*Minucher vs. Hon. As to enforceability

G.R. No.142396, 2003

As to the emphasis

a Exceptions
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 ./ Article 2 of Rpc

1. Should commit an offense while on a Philippine ship or airship

a Rules Affecting the Territoriality of Penal Laws vs. Lol-Lo and Saraw G.R. No. L-1 Februa 27,7922
o French Rule vs English Rule

When to apply the French and English Rule?

7. On board a Foreign vessel
2. TerritoryofAnotherCountry

Rules When a Crime is Committed on Board a Foreign Vessel While that Vessel is in the Territory
c) Prospectivity
of Another Country
ENGLISH RULE FRENCH RULE General Rule: Crimes are punished under the law in force at the time of their commission
General Rule - The crime shall be
Exception:
tried under the law of:
(1) it is favorable to the accused and (Article 22 of RPC)
Exception
(2) the accused is not a habitual delinquent (Article 62 of RpC)

*Peo le vs. Morilla GR No. 189833,

5,20t4

US vs. LOOK CHAW G.R. No. L-5887 December 1

*Atizado vs. Peo G.R. No. 1 October 20ro

PEOPLE vs. WONG CHENG, G.R. No. L-78924 October 79,7922

2. Should foree or counterfeit anv coin or currency note of the Philippine lslands or 1, Construction of Penal Laws
obligations and securities issued bv the Government of the Philippine lslands l. tn dubio pro reo
*People vs. Mangulabnan, G.R. No. L-8919. September
28, 1956
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 beins public officers or emplovees. should commit an offense in the exercise of
their functions; or

5. Should commit anv of the crimes against national securitv and the law of nations,
defined in Title One of Book Two of this Code.
What are these crimes?
2. Finality of acquittal rule
j. Void-for-vagueness
4. Equipoise rule
o Human Security Act R.A. 9372 Section 58
4. Theories underlvins the Revised Penal Code
a) Classical Theory
r Convention ofthe law ofthe sea

b) Positivist Theory
Reagan vs. Commission on lnternal Revenue, 30 SCRA 968

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 CLASSICAT THEORY POSITIVIST THEORY

AS to the emphasis

As to the FOCUS ofthe Theory

As to the Purpose of the

Pena lty

c) Eclectic or Mixed

d) Utilitarian or protective theory

o

5. Different effects of repeal of penal law

1. GR: lf the repeal makes the penalty lighter in the new law, the new law shall be applied,
XPN:
2, lf the new law imposes a heavier penalty:
Effect
3. lf the new law totally repeals the existing law so that the act which was penalized under the
old law is no longer punishable,
Effect

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