Notes on Criminal Law 01

Criminal Law – A branch of municipal law which defines crimes, treats of their
nature and provides for their punishment.

Legal Basis of Punishment

The power to punish violators of criminal law comes within the police
power of the state. It is the injury inflicted to the public which a criminal action
seeks to redress, and not the injury to the individual.

Theories of Criminal Law

CLASSICAL THEORY

 Man is essentially a moral creature with an absolute free will to choose

between good and evil and therefore more stress is placed upon the result
of the felonious act than upon the criminal himself.

 Its basic postulate is that humans are rational and calculating beings who
act according to their liking. They do not commit criminal acts if threatened
with punishment.

 The concept of mens rea – or guilty mind, a guilty or wrongful purpose or

criminal intent, is the main consideration.

* The purpose of penalty is retribution. The offender is made to suffer for the
wrong he has done. There is scant regard for the human element of the crime.
The law does not look into why the offender committed the crime. Capital
punishment is a product of this kind of this school of thought. Man is regarded
as a moral creature who understands right from wrong. So that when he
commits a wrong, he must be prepared to accept the punishment therefore.

2. POSITIVIST THEORY

 Man is subdued occasionally by a strange and morbid phenomenon which

conditions him to do wrong in spite of or contrary to his volition.
(Crime is essentially a social and natural phenomenon)

 The basis for criminal liability is the sum total of the social and economic
phenomena to which the offense is expressed. ( De Joya V. Jail Warden of
Batangas City, G.R Nos. 159418-19, December 10, 2003)
 The Crime is essentially a social and natural phenomenon and as such it
cannot be treated and checked by applying law and jurisprudence nor by
imposition of a punishment, fixed and determined prior.
 The purpose of penalty is to secure justice. The penalties should not only be
retributive but reformative.

* The purpose of penalty is reformation. There is great respect for the human
element because the offender is regarded as socially sick who needs treatment,
 not punishment. Crimes are regarded as social phenomena which constrain a
person to do wrong although not of his own volition

3. Electric or Mixed Theory

> This combines both positivist and classical thinking. Crimes that are economic
and social and nature should be dealt with in a positivist manner; thus, the law
is more compassionate. Heinous crimes should be dealt with in a classical
manner; thus, capital punishment.

> The Classical theory should be applied to grievous or heinous crimes, whereas,
the positivist is made to apply on economic and social crimes.
(BOADO, supra at 14)

4. Utilitarian or Protective Theory

The primary function of punishment is to protect society from potential

and actual wrongdoers. (Vergara v. People G.R no. 160328; February 4, 2005)

BASIC MAXIMS IN CRIMINAL LAW

DOCTRINE OF PRO REO

Whenever a penal law is to be construed or applied and the law admits of two
interpretations – one lenient to the offender and one strict to the offender – that
interpretation which is lenient or favorable to the offender will be adopted.

* This is in consonance with the fundamental rule that all doubts shall be
construed in favor of the accused and consistent with presumption of innocence
of the accused. This is peculiar only to criminal law.

ACTUS NON FACIT REUM, NISI MENS SIT REA

The act cannot be criminal where the mind is not criminal. This is true to a
felony characterized by dolo, but not a felony resulting from culpa. This maxim
is not an absolute one because it is not applied to culpable felonies, or those that
result from negligence.

Mala inse

 Actus Reus – Guilty Act

 Mens Rea – Guilty state of mind

1. Freedom
2. Intelligence
3. Intent

NULLUM CRIMEN, NULLA POENA SINE LEGE

There is no crime when there is no law punishing the same. This is true to civil
law countries, but not to common law countries.
Because of this maxim, there is no common law crime in the Philippines. No
matter how wrongful, evil or bad the act is, if there is no law defining the act, the
same is not considered a crime.

Common law crimes are wrongful acts which the community/society condemns
as contemptible, even though there is no law declaring the act criminal.

Not any law punishing an act or omission may be valid as a criminal law. If the
law punishing an act is ambiguous, it is null and void.

Cogitationis poenam nemo meretur

No man deserves punishment for a thought.

Intention along without any action according to the intention is not punishable by
law.

Actus me invite factus non est meus actus.

An act done by me against my will is not my act.

 One who is acting under the compulsion of an irresistible force and

 One who is acting under the impulse of an uncontrollable fear of equal or
greater injury.

The force contemplated must be so formidable as to reduce the actor to a mere

instrument who act not only without will but against his will.

The compulsion

Must be of such character as to leave no opportunity for the accused for the
escape or self-defence in equal combat.

The duress, force, fear or intimidation must be present, imminent and

impending.

 Must not be speculative, fanciful or imagined.

 A future threat or injury is not enough.

TERMS:

Crime – is an act or omission punishable by law. (Campanilla Law Reviewer)

Crime is a generic term that embraces any violation of the revised penal code,
special penal laws, and municipal or city ordinances.

Felony – crimes punishable under the revised penal code committed either
intentionally or negligently.

RPC—- felonies or offenses

SPL- offenses
Offense – crime punishable under special laws, ie. Any law other than the
revised penal code.

Infractions – violation of ordinances.

Malum in se (evil in itself) – a crime or an act that is inherently immoral such

as murder, rape and arson

Malum prohibitum (prohibited evil) – an act that is merely a crime because it

is prohibited by a statute, although the act itself is not necessarily immoral.

Note: The determining factor to distinguish between mala in se and mala

prohibita is the determination of the inherent morality or vileness of the
penalized act. (Campanilla Reviewer)

Criminal action is an action instituted by the government to punish offenses

against the public.

Retributive justice - system of criminal justice based on the punishment of

offenders rather than on rehabilitation.

Bill of Attainder – it is a legislative act that inflicts punishment without judicial

trial. Its essence is the substitution legislative act for a judicial determination of
guilt.

Power to Enact Penal Laws

Only the legislative branch of the government can enact penal laws. While
the President may define and punish an act as a crime, such exercise of power is
not executive but legislative as he derives such power from the law-making
body. It is in essence, an exercise of legislative power by the Chief Executive.

Limitations on the power of Congress to enact penal laws

1. Ex post facto law or bill of attainder shall be enacted (Constitution Art. III
Sec.22)

Ex Post Facto Law: MACAAD

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 when
it was committed;
c. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
when commited;
d. Assumes to regulate civil rights and remedies only,
in effect imposes penalty or deprivation of a right
for something which when done was lawful; and
e. Deprives a person accused of a crime some lawful
protection to which he has become entitled, such as
a protection of a former conviction or acquittal, or
proclamation of amnesty. ( Lacson v Executive
Secretary, G.R. 128096, January 20, 1999)
Note: The prohibition only applies to criminal legislation, which affects the
substantial rights of the accused (Wright v Court of appeals, G.R. no. 113213,
August 15, 1994)

2. No person shall be held to answer for a criminal offense without the due
process of law. (Const., Art. III Sec.14 Par. (1)

3. It should not impose cruel or excessive punishment nor impose excessive

fines.

Good to know: R.A 9346, approved on June 24, 2006 prohibits the imposition of
death penalty therefore repealing R.A 7659, and all other laws, executive orders
and decrees, in so far as they impose death penalty (R.A No. 9346, Sec 1).

In Lieu of the Death Penalty, the following shall be imposed:

a. The penalty of Reclusion Perpetua, when the law violated makes use of
the nomenclature of the penalties of the RCP; or
b. The penalty of life imprisonment, when the law violated does not make
use of the nomenclature of the penalties of the Revised Penal Code. (R.A
9364 Sec. 2).

4. It must be general in application and must clearly define the acts and
omissions punished by the crimes.
5. No person shall be deprived of life, liberty, or property without due
process of law nor shall any person be denied the equal protection of the
laws (CONST Art. III Sec. 1). The law must be general in application and
must comply with the requirements of both procedural and substantial
due process.

For justice to prevail the scales must be balanced. Justice is not to be

dispensed for the accused alone. The interests of society and the
offended parties which has been wronged must be equally considered.
(Id. At 2).

Characteristics of Criminal Law

1. General
2. Territorial
3. Prospective

I. General
Penal laws and those of public security and safety shall be obligatory upon all
who live and sojourn in the Philippine territory, subject to the principles of public
international law and treaty stipulations. (Civil Code, Art. 14).

 Exceptions of the Generality principle

a. Treaty Stipulations
b. Principles of Public International Law ( Civil Code Art. 14)
c. Laws of Preferential Application ( RCP Art. 2)
i. Example: the treaty between the USA and republic of the
Philippines regarding the treatment of the United States
Armed Forces visiting the Philippines (RP-US VFA).

Subject to the provisions of this article:

 
(a) Philippine authorities shall have jurisdiction over United States personnel with respect to
offenses committed within the Philippines and punishable under the law of the Philippines.

(b) United States 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 United States over
United States personnel in the Philippines.

 2. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect
to offenses, including offenses relating to the security of the Philippines, punishable under the laws
of the Philippines, but not under the laws of the United States.
 

(b) United States authorities exercise exclusive jurisdiction over United States personnel with respect
to offenses, including offenses relating to the security of the United States, punishable under the
laws of the United States, but not under the laws of the Philippines.

(c) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security
means:

(1) Treason;

(2) Sabotage, espionage or violation of any law relating to national defence.

 
3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:
 
(a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses
committed by United States personnel, except in cases provided for in paragraphs l (b), 2 (b), and 3
(b) of this Article.

(b) United States military authorities shall have the primary right to exercise jurisdiction over United
States personnel subject to the military law of the United States in relation to:

(1) Offenses solely against the property or security of the United States or offenses solely against the
property or person of United States personnel; and

(2) Offenses arising out of any act or omission done in performance of official duty.

(c) The authorities of either government may request the authorities of the other government to
waive their primary right to exercise jurisdiction in a particular case.

Principles of Public International Law (Civil Code Art. 14)

The following persons are not subject to the operation of our criminal laws;
(SCAMM)

1. Sovereign and other heads of state;

2. Charges de affaires;
3. Ambassadors;
4. Ministers plenipotentiary; and
5. Ministers Resident

Blanket Diplomatic Immunity

General Rule: Diplomatic representatives such as ambassadors or public

ministers and their official retinue, possess immunity from the criminal
jurisdiction of the country of their sojourn and cannot be sued, arrested, or
punished by the law of that country (II Hyde International Law as cited in Reyes,
Book one, supra at 13; 1961 Vienna Convention on Diplomatic Relations, Article
29 and 31).

Diplomatic Agents are the heads of missions or members of the Diplomatic

Relations (e) and are vested with diplomatic immunity from civil and criminal
suits (Minucher v. Court of appeals, G.R No. 142396, Feb 11, 2013)

The main yardstick in ascertaining whether the diplomat entitled to immunity is

the determination of whether or not he performs duties of diplomatic nature.
(Minucher v. Court of appeals, G.R No. 142396, Feb 11, 2013)

Note: Par in parem, non habet imperium

Are all states are sovereign equals and cannot assert jurisdiction over one
another. Thus suing a representative of the state is in effect suing the state
itself. The proscription is not accorded to the benefit of the individual but for the
state, in whose service he is. (Minucher v. Court of appeals, G.R No. 142396, Feb
11, 2013)

TERRITORIAL – the law is binding to all crimes committed within the National Territory of
the Philippines
Exception to Territorial Application: Instances enumerated under Article 2.

Terrestrial jurisdiction is the jurisdiction exercised over land.

Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters.

Aerial jurisdiction is the jurisdiction exercised over the atmosphere.

The Archipelagic Rule

All bodies of water comprising the maritime zone and interior waters abounding different islands
comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth,
depth, width or dimension.