CRIMINAL LAW

CRIMINAL LAW IS A BRANCH OF PUBLIC LAW WHICH DEFINES CRIMES, TREATS OF

THEIR NATURE, AND PROVIDES FOR THEIR PUNISHMENT.

SOURCES OF CRIMINAL LAW

 REVISED PENAL CODE

 SPECIAL PENAL LAWS
 PRESIDENTIAL DECREE
 EXECUTIVE ORDER

CHARACTERISTICS OF CRIMINAL LAW: GENERALITY, TERRITORIALITY, AND PROSPECTIVITY.

GENERALITY (GENERAL)

CRIMINAL LAW IS BINDING TO ALL PERSONS WHO LIVE OR SOJOURN (STAY

TEMPORARILY) IN THE PHILIPPINES, REGARDLESS OF PERSONAL CIRCUMSTANCES (E.G. AGE,
SEX, GENDER, NATIONALITY, ETC.).

(THE PENAL LAWS OF THE PHILIPPINES HAVE GENERAL APPLICATION, WHICH MEANS
THAT IT BINDS ALL PEOPLE WHO LIVE OR SOJOURN IN THE PHILIPPINES.)

TERRITORIALITY (TERRITORIAL)

CRIMINAL LAWS ARE APPLICABLE ONLY IF THE CRIME IS COMMITTED WITHIN

PHILIPPINE TERRITORY (E.G. TERRESTRIAL, FLUVIAL, AND AERIAL DOMAINS/TERRITORY.)

(ONE OF THE GENERAL CHARACTERISTICS OF CRIMINAL LAW IS TERRITORIALITY, WHICH

MEANS THAT PENAL LAWS OF THE PHILIPPINES ARE ENFORCEABLE ONLY WITHIN ITS
TERRITORY.)

PROSPECTIVITY (PROSPECTIVE)
 CRIMINAL LAW CANNOT MAKE AN ACT PUNISHABLE IN A MANNER IN WHICH IT WAS
NOT PUNISHABLE WHEN COMMITTED. (IT LOOKS FORWARD RATHER THAN BACKWARDS.)

(PENAL LAWS ARE PROSPECTIVE WHICH MEANS THAT A NEW PENAL LAW CANNOT
MAKE AN ACT OR OMISSION A CRIME, WHEN AT THE TIME OF THE OMISSION OR
COMMISSION OF THE ACT SUCH WAS NOT PENALIZED. IN SHORT, THE LAW IN EFFECT AT THE
TIME OF THE COMMISSION OF AN ACT WILL GOVERN.)

RPC - ARTICLE 22. RETROACTIVE EFFECT OF PENAL LAWS. (LEGAL BASIS)

PENAL LAWS SHALL HAVE A RETROACTIVE EFFECT INSOFAR AS THEY FAVOR THE
PERSONS GUILTY OF A FELONY, WHO IS NOT A HABITUAL CRIMINAL, AS THIS TERM IS DEFINED
IN RULE 5 OF ARTICLE 62 OF THIS CODE, ALTHOUGH AT THE TIME OF THE PUBLICATION OF
SUCH LAWS A FINAL SENTENCE HAS BEEN PRONOUNCED AND THE CONVICT IS SERVING THE
SAME.

RPC - ARTICLE 366. APPLICATION OF LAWS ENACTED PRIOR TO THIS CODE. (LEGAL BASIS.)

-WITHOUT PREJUDICE TO THE PROVISIONS CONTAINED IN ARTICLE 22 OF THIS CODE,

FELONIES AND MISDEMEANORS, COMMITTED PRIOR TO THE DATE OF EFFECTIVENESS OF THIS
CODE SHALL BE PUNISHED IN ACCORDANCE WITH THE CODE OR ACTS IN FORCE AT THE TIME
OF THEIR COMMISSION. (GENERAL RULE OF PROSPECTIVITY)

EXCEPTIONS TO THE CHARACTERISTICS OF CRIMINAL LAW

GENERALITY

 TREATY STIPULATIONS
 LAWS OF PREFERENTIAL APPLICATIONS
 PRINCIPLES OF INTERNATIONAL LAWS

TERRITORRIALITY - ARTICLE 2. APPLICATION OF ITS PROVISIONS. (LEGAL BASIS)

 -EXCEPT AS PROVIDED IN THE TREATIES AND LAWS OF PREFERENTIAL APPLICATION, THE
PROVISIONS OF THIS CODE SHALL BE ENFORCED NOT ONLY WITHIN THE PHILIPPINE
ARCHIPELAGO, INCLUDING ITS ATMOSPHERE, ITS INTERIOR WATERS AND MARITIME ZONE, BUT
ALSO OUTSIDE OF ITS JURISDICTION, AGAINST THOSE WHO:

1. SHOULD COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR AIRSHIP

2. SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINE

ISLANDS OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE PHILIPPINE
ISLANDS;

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 BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE IN THE

EXERCISE OF THEIR FUNCTIONS; OR

5. SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS, DEFINED IN TITLE ONE OF BOOK TWO OF THIS CODE.

PROSPECTIVITY

IN CIRCUMSTANCES WHERE NEW PENAL LAWS ARE FAVORABLE TO THE ACCUSED, IT

SHALL HAVE RETROACTIVE EFFECT UNLESS THE NEW LAWS EXPRESSLY MADE INAPPLICABLE TO
PENDING OR EXISTING CAUSES OF AN ACTION OR THE OFFENDER IS A HABITUAL CRIMINAL
(DELINQUENT).

REQUISITES OF RETROACTIVE EFFECT OF PROSPECTIVITY.

 NEW PENAL LAWS MUST BE IN FAVOR OF THE ACCUSED

 NEW PENAL LAWS MUST ALLOW RETROACTIVE APPLICABILITY TO THE ACCUSED
 THE ACCUSED MUST NOT BE A HABITUAL CRIMINAL (DELINQUENT)

R.A. NO. 386 - ARTICLE 4. (LEGAL BASIS)

1. LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE CONTRARY IS PROVIDED.

EX POST FACTO LAW

AN EX POST FACTO LAW MAKES AN INNOCENT ACT A CRIME RETROACTIVELY OR

INCREASES THE PENALTY FOR A CRIME FROM WHEN IT WAS COMMITTED,

BILL OF RIGHTS - ARTICLE 3 SECTION 22. (LEGAL BASIS)

1. NO EX POST FACTO LAW OR BILL OF ATTAINDER SHALL BE ENACTED.

NULLUM CRIMEN SINE LEGE AND NULLA POENA SINE LEGE.

 NULLUM CRIMEN SINE LEGE MEANS THERE IS NO CRIME WHEN THERE IS NO LAW.
 NULLA POENA SINE LEGE MEANS THERE IS NO PUNISHMENT IF THERE IS NO LAW.
 NULLUM CRIMEN, NULLA POENA SINE LEGE MEANS NO CRIME, NO PUNISHMENT
WITHOUT LAW.

CRIMINAL OFFENSE

A CRIMINAL OFFENSE IS AN UNLAWFUL ACT: (A) THAT IS PRESCRIBED AS A CRIMINAL

OFFENSE BY LAW; (B) WHOSE CHARACTERISTICS ARE SPECIFIED BY LAW; AND (C) FOR WHICH A
PENALTY IS PRESCRIBED BY LAW.

CRIME

IT IS AN ACT COMMITTED OR OMITTED WHICH CONSTITUTES AN OFFENSE AND IS

PUNISHABLE BY PENAL LAW. (PUNISHABLE BY REVISED PENAL CODE OR SPECIAL PENAL LAWS.)

CRIMES MALA IN SE AND MALA PROHIBITA

CRIME MALA IN SE

GENERALLY, MALA IN SE FELONIES ARE DEFINED AND PENALIZED IN THE REVISED PENAL
CODE. WHEN THE ACTS COMPLAINED OF ARE INHERENTLY IMMORAL (EVIL), THEY ARE
DEEMED MALA IN SE, EVEN IF THEY ARE PUNISHED BY A SPECIAL LAW. ACCORDINGLY,
CRIMINAL INTENT MUST BE CLEARLY ESTABLISHED WITH THE OTHER ELEMENTS OF THE
CRIME; OTHERWISE, NO CRIME IS COMMITTED. (IN MALA IN SE CRIMES, GOOD FAITH CAN BE A
DEFENSE.)

CRIME MALA PROHIBITA

ON THE OTHER HAND, IN CRIMES THAT ARE MALA PROHIBITA, THE CRIMINAL ACTS ARE
NOT INHERENTLY IMMORAL BUT BECOME PUNISHABLE ONLY BECAUSE THE LAW SAYS THEY
ARE FORBIDDEN. WITH THESE CRIMES, THE SOLE ISSUE IS WHETHER THE LAW HAS BEEN
VIOLATED. CRIMINAL INTENT IS NOT NECESSARY WHERE THE ACTS ARE PROHIBITED FOR
reasons of public policy.

PENAL LAWS APPLICABLE TO MALA IN SE AND MALA PROHIBITA

A COMMON MISCONCEPTION IS THAT ALL MALA IN SE CRIMES ARE FOUND IN THE

REVISED PENAL CODE (RPC), WHILE ALL MALA PROHIBITA CRIMES ARE PROVIDED BY SPECIAL
PENAL LAWS. IN REALITY, HOWEVER, THERE MAY BE MALA IN SE CRIMES UNDER SPECIAL
LAWS, SUCH AS PLUNDER UNDER R.A. NO. 7080, AS AMENDED. SIMILARLY, THERE MAY
BE MALA PROHIBITA CRIMES DEFINED IN THE RPC, SUCH AS TECHNICAL MALVERSATION.

THUS MALA IN SE CRIMES AND MALA PROHIBITA CRIMES COULD BE SUBJECT TO ANY
OF THE TWO DEPENDING ON WHERE THE CRIME IS PRESCRIBED AND PENALIZED.

CRIMINAL

A PERSON WHO HAS BEEN LEGALLY CONVICTED FOR COMMITTING/OMITTING A

CRIME.

HABITUAL DELINQUENT (ARTICLE 62 OF RPC PARAGRAPH 5)

A PERSON SHALL BE DEEMED TO BE HABITUAL DELINQUENT, IS WITHIN A PERIOD OF

TEN YEARS FROM THE DATE OF HIS RELEASE OR LAST CONVICTION OF THE CRIMES OF
SERIOUS OR LESS SERIOUS PHYSICAL INJURIES, ROBO (ROBBERY), HURTO (THEFT), ESTAFA OR
FALSIFICATION, HE IS FOUND GUILTY OF ANY OF SAID CRIMES A THIRD TIME OR OFTENER. (A
PERSON WHO COMMITS CRIMES WITHIN 10 YEARS AFTER HIS RELEASE OR LAST CONVICTION
WHO IS ALSO FOUND GUILTY FOR A THIRD TIME OR MORE.)

ACCUSED

A PERSON WHO HAS BEEN FORMALLY CHARGED IN COURT FOR ALLEGEDLY

COMMITTING/OMITTING A CRIME.

STATUTORY CONSTRUCTION

IT IS THE PROCESS OF DETERMINING WHAT A PARTICULAR STATUTE MEANS SO THAT A

COURT MAY APPLY IT ACCURATELY. A CARDINAL RULE IN STATUTORY CONSTRUCTION IS THAT
WHEN THE LAW IS CLEAR AND FREE FROM AMBIGUITY, THERE IS NO ROOM FOR
CONSTRUCTION OR INTERPRETATION. THERE IS ONLY ROOM FOR APPLICATION.

VERBA LEGIS OR PLAIN-MEANING RULE (TRANSLATED TO WORDS OF THE LAW)

IF A STATUTE IS CLEAR, PLAIN, AND FREE FROM AMBIGUITY, IT MUST BE GIVEN ITS
LITERAL MEANING AND APPLIED WITHOUT ATTEMPTED INTERPRETATION.

FACTS: IN CASES WHERE THE LAW IS CLEAR, THE LAW MUST BE APPLIED SINCE THERE IS NO
ROOM FOR AMBIGUITY. (THERE IS ONLY ROOM FOR APPLICATION)

IN DUBIO PRO REO DOCTRINE

WHEN IN DOUBT, RULE FOR THE ACCUSED/ WHEN THERE IS DOUBT THE JUDGE MUST
RULE IN FAVOR OF THE ACCUSED.

EQUIPOISE RULE / EQUIPOISE DOCTRINE

 THE EQUIPOISE RULE PROVIDES THAT WHERE THE EVIDENCE IN A CRIMINAL CASE IS
EVENLY BALANCED, THE CONSTITUTIONAL, PRESUMPTION OF INNOCENCE TILTS THE SCALES
IN FAVOR OF THE ACCUSED.

THE "EQUIPOISE DOCTRINE" IS THE RULE WHICH STATES THAT WHEN THE EVIDENCE OF
THE PROSECUTION AND THE DEFENSE ARE SO EVENLY BALANCED THE APPRECIATION OF SUCH
EVIDENCE CALLS FOR TILTING OF THE SCALES IN FAVOR OF THE ACCUSED.

RULE OF LENITY

THE RULE OF LENITY IS THE DOCTRINE THAT AMBIGUITY SHOULD BE RESOLVED IN

FAVOUR OF THE MORE LENIENT PUNISHMENT. THE RULE OF LENITY IS A PRINCIPLE USED IN
CRIMINAL LAW, ALSO CALLED RULE OF STRICT CONSTRUCTION, STATING THAT WHEN A LAW IS
UNCLEAR OR AMBIGUOUS, THE COURT SHOULD APPLY IT IN THE WAY THAT IS MOST
FAVORABLE TO THE DEFENDANT, OR TO CONSTRUE THE STATUTE AGAINST THE STATE.

DOCTRINE OF PRESUMPTION OF INNOCENCE (BASIC RIGHT OF A PERSON)

THE PERSON ACCUSED MUST BE PRESUMED INNOCENT UNTIL PROVEN GUILTY.

BILL OF RIGHTS - ARTICLE 3 -SEC. 14 – PARAGRAPH (LEGAL BASIS)

(2) IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE PRESUMED INNOCENT

UNTIL THE CONTRARY IS PROVED.

RULE 115 - RIGHTS OF ACCUSED SECTION 1. RIGHTS OF ACCUSED AT THE TRIAL. (LEGAL BASIS)

IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE ENTITLED TO THE

FOLLOWING RIGHTS:

(A) TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED BEYOND REASONABLE

DOUBT.

MORAL CERTAINTY (PROOF BEYOND REASONABLE DOUBT)

 MORAL CERTAINTY IS ANOTHER WAY OF SAYING "BEYOND REASONABLE DOUBT."
SINCE THERE IS NO EXACT MEASURE OF CERTAINTY IT IS ALWAYS SOMEWHAT SUBJECTIVE AND
BASED ON "REASONABLE" OPINIONS OF JUDGE AND/OR JURY. BECAUSE THERE IS NO EXACT
MEASURE OF CERTAINTY, CERTAINTY CAN'T BE ABSOLUTE THUS IN CRIMINAL CASES MORAL
CERTAINTY IS SUFFICIENT ENOUGH TO CONVICT A PERSON TO BE GUILTY OR NOT GUILTY
BASED ON THE PRESENTED EVIDENCES.

INFORMATION

-IS AN ACCUSATION IN WRITING CHARGING A PERSON WITH A PUBLIC OFFENSE,

PRESENTED AND SIGNED BY THE PROMOTER FISCAL OR HIS DEPUTY AND FILED WITH THE
CLERK OF COURT.

COMPLAINT

A SWORN WRITTEN STATEMENT MADE TO A COURT OR MAGISTRATE THAT A PERSON

HAS BEEN GUILTY OF DESIGNATED OFFENSE.

COMPLAINANT

-IS SOMEONE WHO MAKES A REPORT OF CRIMINAL WRONGDOING (E.G., THE VICTIM,
FAMILY OF THE VICTIM, OR WITNESSES.)

TWO TYPES OF OFFENDED PARTY

 THE REAL OFFENDED PARTY (STATE)

 THE PRIVATE OFFENDED PARTY (COMPLAINING WITNESS)

FACTS: IN ALL CRIMINAL PROCEEDINGS, THE INTEREST OF THE PRIVATE COMPLAINANT OR THE
PRIVATE OFFENDED PARTY IS LIMITED ONLY TO THE CIVIL LIABILITY. IN THE PROSECUTION OF
THE OFFENSE, THE COMPLAINANT'S ROLE IS LIMITED TO THAT OF A WITNESS FOR THE
PROSECUTION.
FISCAL / PROSECUTOR –

-IS A PERSON WHO FILES INFORMATION TO COURT FOR TRIAL.

FELONY

IT IS AN ACT OR OMISSION PUNISHABLE BY REVISED PENAL CODE. (COMMITTED OR

OMITTED BY MEANS OF DECEIT OR FAULT.)

TYPES OF FELONIES: INTENTIONAL FELONY AND CULPABLE FELONY

 INTENTIONAL FELONY REFERS TO THE FELONIES COMMITTED BY MEANS OF DECEIT

(DOLO) OR MALICE.
 CULPABLE FELONY REFERS TO THE FELONIES COMMITTED BY MEANS OF FAULT
(CULPA).

FAULTS UNDER CULPABLE FELONY (N.I.L.L.)

 IMPRUDENCE
 NEGLIGENCE
 LACK OF SKILL
 LACK OF FORESIGHT

OFFENSE

IT IS AN ACT OR OMISSION PUNISHABLE BY SPECIAL PENAL LAW.

RPC - ARTICLE 1. TIME WHEN ACT TAKES EFFECT.

THIS CODE SHALL TAKE EFFECT ON THE FIRST DAY OF JANUARY, NINETEEN HUNDRED
AND THIRTY-TWO. (JANUARY 1, 1932)

RPC - ARTICLE 3. DEFINITIONS

 ACTS AND OMISSIONS PUNISHABLE BY LAW ARE FELONIES (DELITOS). FELONIES ARE
COMMITTED NOT ONLY BE MEANS OF DECEIT (DOLO) BUT ALSO BY MEANS OF FAULT (CULPA).

1) THERE IS DECEIT WHEN THE ACT IS PERFORMED WITH DELIBERATE INTENT (MALICE) AND;

2) THERE IS FAULT WHEN THE WRONGFUL ACT RESULTS FROM IMPRUDENCE, NEGLIGENCE,
LACK OF FORESIGHT, OR LACK OF SKILL.

RPC - ARTICLE 17. PRINCIPALS.

THE FOLLOWING ARE CONSIDERED PRINCIPALS:

 PRINCIPAL BY DIRECT PARTICIPATION -THOSE WHO TAKE A DIRECT PART IN THE

EXECUTION OF THE ACT;
 PRINCIPAL BY INDUCEMENT/COERCION - THOSE WHO DIRECTLY FORCE OR INDUCE
OTHERS TO COMMIT IT;
 PRINCIPAL BY INDISPENSABLE COOPERATION - THOSE WHO COOPERATE IN THE
COMMISSION OF THE OFFENSE BY ANOTHER ACT WITHOUT WHICH IT WOULD NOT
HAVE BEEN ACCOMPLISHED.

RPC - ARTICLE 18. ACCOMPLICES.

ACCOMPLICES ARE THOSE PERSONS WHO, NOT BEING INCLUDED IN ARTICLE 17,
COOPERATE IN THE EXECUTION OF THE OFFENSE BY PREVIOUS OR SIMULTANEOUS ACTS.

RPC - ARTICLE 19. ACCESSORIES.

ACCESSORIES ARE THOSE WHO, HAVING KNOWLEDGE OF THE COMMISSION OF THE

CRIME, AND WITHOUT HAVING PARTICIPATED THEREIN, EITHER AS PRINCIPALS OR
ACCOMPLICES, TAKE PART SUBSEQUENT TO ITS COMMISSION IN ANY OF THE FOLLOWING
MANNERS:

1. BY PROFITING THEMSELVES OR ASSISTING THE OFFENDER TO PROFIT BY THE

EFFECTS OF THE CRIME.

2. BY CONCEALING OR DESTROYING THE BODY OF THE CRIME, OR THE EFFECTS OR

INSTRUMENTS THEREOF, IN ORDER TO PREVENT ITS DISCOVERY.
 3. BY HARBORING, CONCEALING, OR ASSISTING IN THE ESCAPE OF THE PRINCIPALS OF
THE CRIME, PROVIDED THE ACCESSORY ACTS WITH ABUSE OF HIS PUBLIC FUNCTIONS OR
WHENEVER THE AUTHOR OF THE CRIME IS GUILTY OF TREASON, PARRICIDE, MURDER, OR
AN ATTEMPT TO TAKE THE LIFE OF THE CHIEF EXECUTIVE, OR IS KNOWN TO BE
HABITUALLY GUILTY OF SOME OTHER CRIME.

ARTICLE 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY.

CONSPIRACY AND PROPOSAL TO COMMIT FELONY ARE PUNISHABLE ONLY IN THE CASES IN
WHICH THE LAW SPECIALLY PROVIDES A PENALTY THEREFOR.

A CONSPIRACY EXISTS WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT

CONCERNING THE COMMISSION OF A FELONY AND DECIDE TO COMMIT IT. THERE IS
PROPOSAL WHEN THE PERSON WHO HAS DECIDED TO COMMIT A FELONY PROPOSES ITS
EXECUTION TO SOME OTHER PERSON OR PERSONS. IN CONSPIRACY, EVERYONE INVOLVED ARE
CONSIDERED PRINCIPALS.

AS STATED BY ATTY. BUNQUIN:

- YOU CAN'T CALL IT A CONSPIRACY UNLESS THE PERSONS CONCERNED "AGREED AND DECIDE
TO COMMIT THE FELONY."

- IN GROUP CHATS; YOU CAN'T CONVICT THE INDIVIDUALS IF THEY SAID THEY WANT TO KILL
SOMEONE BECAUSE IT COULD JUST BE ON THE SPUR-OF-THE-MOMENT. (IN A SIMPLE SENSE, IT
COULD JUST BE OUT OF FRUSTRATION OR ANGER THAT LED THEM TO SAY OR TELL THOSE
THINGS TO OTHER PERSONS IN THE GC WITHOUT MEANING IT.)