Criminal Law Lecture Notes – General Principles

What is the branch of law that defines crimes, treats of their nature, and provides for their punishment?

Criminal law

How is a crime defined under Philippine criminal law?

An act committed or omitted in violation of a public law forbidding or commanding it.

Name the three primary sources of Philippine criminal law.

1) The Revised Penal Code and its amendments; 2) Special penal laws; 3) Penal Presidential Decrees issued during Martial Law.

Are common-law crimes recognized in the Philippines?

No. Unless an act is defined and punished by the RPC or a special law, no criminal liability is incurred.

Do court decisions constitute a source of criminal law?

No. They only interpret and apply laws enacted by the legislature.

What constitutional provision bars ex post facto laws and bills of attainder?

Article III, Section 22 of the 1987 Constitution.

Give two examples of what constitutes an ex post facto law.

1) A law that makes an act criminal which was innocent when done; 2) A law that increases the punishment for a crime after its commission.

Define a bill of attainder.

A legislative act that inflicts punishment without judicial trial.

Which constitutional right ensures an accused is presumed innocent until proven guilty?

Article III, Section 14(2) – presumption of innocence.

Which constitutional right protects against self-incrimination?

Article III, Section 17 – no person shall be compelled to be a witness against himself.

What is the constitutional guarantee against double jeopardy?

Article III, Section 21 – no person shall be twice put in jeopardy of punishment for the same offense.

Which rule in the Rules of Court lists statutory rights of the accused?

Rule 115, Section 1 of the Revised Rules on Criminal Procedure.

Which right may be waived: confrontation of witnesses or being informed of the nature of accusation?

The right to confrontation and cross-examination may be waived; the right to be informed of the accusation may not.

State the three characteristics of criminal law.

General, territorial, and prospective.

What does the ‘general’ characteristic of criminal law mean?

It binds all persons who live or sojourn in Philippine territory.

What article of the RPC outlines extra-territorial applicability?

Article 2 of the Revised Penal Code.

Give one situation where the RPC applies outside Philippine territory.

When an offense is committed on board a Philippine ship or airship.

How many situations are enumerated in Article

What is the branch of law that defines crimes, treats of their nature, and provides for their punishment?

Criminal law

How is a crime defined under Philippine criminal law?

An act committed or omitted in violation of a public law forbidding or commanding it.

Name the three primary sources of Philippine criminal law.

1) The Revised Penal Code and its amendments; 2) Special penal laws; 3) Penal Presidential Decrees issued during Martial Law.

Are common-law crimes recognized in the Philippines?

No. Unless an act is defined and punished by the RPC or a special law, no criminal liability is incurred.

Do court decisions constitute a source of criminal law?

No. They only interpret and apply laws enacted by the legislature.

What constitutional provision bars ex post facto laws and bills of attainder?

Article III, Section 22 of the 1987 Constitution.

Give two examples of what constitutes an ex post facto law.

1) A law that makes an act criminal which was innocent when done; 2) A law that increases the punishment for a crime after its commission.

Define a bill of attainder.

A legislative act that inflicts punishment without judicial trial.

Which constitutional right ensures an accused is presumed innocent until proven guilty?

Article III, Section 14(2) – presumption of innocence.

Which constitutional right protects against self-incrimination?

Article III, Section 17 – no person shall be compelled to be a witness against himself.

What is the constitutional guarantee against double jeopardy?

Article III, Section 21 – no person shall be twice put in jeopardy of punishment for the same offense.

Which rule in the Rules of Court lists statutory rights of the accused?

Rule 115, Section 1 of the Revised Rules on Criminal Procedure.

Which right may be waived: confrontation of witnesses or being informed of the nature of accusation?

The right to confrontation and cross-examination may be waived; the right to be informed of the accusation may not.

State the three characteristics of criminal law.

General, territorial, and prospective.

What does the "general" characteristic of criminal law mean?

It binds all persons who live or sojourn in Philippine territory.

What article of the RPC outlines extra-territorial applicability?

Article 2 of the Revised Penal Code.

Give one situation where the RPC applies outside Philippine territory.

When an offense is committed on board a Philippine ship or airship.

When did the Revised Penal Code (RPC) take effect?

The Revised Penal Code (RPC) took effect on January 1, 1932.

How many situations are enumerated in Article 2 of the RPC regarding extra-territorial applicability?

Article 2 of the RPC enumerates five situations where the code applies outside Philippine territory.

List some of the situations enumerated in Article 2 of the RPC where it has extra-territorial application.

1) Committed on board a Philippine vessel or airship; 2) Forging or counterfeiting Philippine currency, treasury warrants, or obligations; 3) Introduction of such forged documents; 4) Public officers committing offenses in the exercise of their functions; 5) Crimes against national security and the law of nations.

According to Article 3 of the RPC, how are felonies defined and committed?

Felonies are defined as acts or omissions punishable by the Revised Penal Code. They are committed either by means of deceit (dolo) or by means of fault (culpa).

What are the requisites for committing a felony by means of dolo (deceit)?

1) Criminal intent (malice) and 2) Freedom of action. Felonies by dolo involve deliberate intent.

What are the requisites for committing a felony by means of culpa (fault)?

1) Lack of foresight (imprudence) or 2) Lack of skill (negligence). Felonies by culpa do not involve criminal intent but result from fault.

What is 'mens rea' in the context of felonies by dolo?

The term for criminal intent or malice in felonies committed by means of deceit (dolo).

What are the general elements of a felony under the Revised Penal Code?

1) Intent (dolus), 2) Negligence or Imprudence (culpa), and 3) Lawfulness (not justified or excused).

Differentiate between felonies committed by dolo and those committed by culpa.

For dolo, the act is voluntary, coupled with malice or criminal intent. For culpa, the act is voluntary but the injury results from imprudence, negligence, lack of foresight, or lack of skill, without intent to cause wrong.

Can a felony be committed without either dolo or culpa?

No. Article 3 requires either dolo or culpa. A person cannot be held criminally liable for an act or omission without either intent or fault.

Define 'imprudence' within the context of felonies by culpa.

An act performed voluntarily but without due care, which causes injury to another.

Define 'negligence' within the context of felonies by culpa.

The failure to use the required amount of care or skill in the performance of an act, resulting in injury.

What is the general rule regarding jurisdiction over crimes committed aboard foreign vessels within Philippine territorial waters?

The Philippines generally adheres to the English Rule for crimes committed aboard foreign vessels in its territorial waters, meaning it assumes jurisdiction over such crimes, unless they affect only the internal management of the vessel.

Distinguish between the English Rule and the French Rule concerning jurisdiction over crimes on foreign vessels.

The English Rule asserts that the territorial sovereignty extends to all crimes committed on board a vessel while in the territorial waters of the nation. The French Rule asserts that crimes committed on board a foreign vessel should not be prosecuted in the courts of the country in whose waters the vessel is, unless they affect the peace and security of the port.

List additional constitutional and statutory rights of the accused not yet covered.

Beyond those specifically mentioned (presumption of innocence, against self-incrimination, against double jeopardy): access to legal counsel, right to be heard by himself and counsel, right to compulsory process (subpoena) to secure attendance of witnesses and production of evidence, right to speedy, impartial, and public trial.

What is the fundamental difference between intentional and culpable felonies?

Intentional felonies (dolosus) are committed with malice or criminal intent. Culpable felonies (culposus) are committed without criminal intent but due to imprudence, negligence, or lack of foresight or skill.

What are the three essential components or requisites of dolo (malice or criminal intent)?

The elements of criminal intent (dolo) are: 1) Intelligence (capacity to understand the nature of the act); 2) Freedom (absence of duress or coercion); and 3) Intent (the purpose to do a particular act, coupled with knowledge of its consequences).

How does 'lack of foresight' relate to culpable felonies?

It implies a situation where the actor lacks sufficient foresight to consider the possible consequences of their action, leading to an unintended injury.

What is 'mistake of fact' in criminal law?

This refers to a genuine mistake regarding a material fact in a criminal case, which, if true, would have rendered the act innocent. It may exempt a person from criminal liability under the principle of "ignorantia facti excusat" (ignorance of fact excuses).

What are the requisites for 'mistake of fact' to be considered an exempting circumstance?

1) The act done would have been lawful had the facts been as the accused believed them to be; 2) The intention of the accused in performing the act was lawful; 3) The mistake was not due to fault or negligence of the accused.

What is 'mistake of identity' (error in personae)?

This occurs when the accused intends to commit a crime against one person but, due to an error, commits the crime against another. For example, intending to shoot A but mistakenly shooting B.

How does the legal effect of 'mistake of fact' differ from 'mistake of identity'?

Mistake of fact, under certain conditions, can be an exempting circumstance that negates criminal intent and thus liability. Mistake of identity, however, does not exempt from criminal liability because the accused still had criminal intent (dolo) to commit a felony, even if the victim was not the intended one. The criminal act is still intentional.

What are 'mala in se' crimes?

These are acts that are inherently wrong or evil, regardless of whether they are prohibited by law. Their wrongfulness is universally recognized based on moral principles or natural law.

What are 'mala prohibita' crimes?

These are acts that are not inherently wrong but are prohibited by statute. Their wrongfulness arises purely from the fact that a law forbids them.

What is the meaning of the Latin maxim 'Ignorantia legis non excusat'?

Latin for 'ignorance of the law excuses no one'. It means that a person who is unaware of a law may not escape liability for violating that law merely because they were unaware of it.

What is the meaning of the Latin maxim 'Actus non facit reum nisi mens sit rea'?

Latin for 'The act does not make a person guilty unless the mind be also guilty'. It signifies that for a crime to be committed, there must be a guilty act (actus reus) combined with a guilty mind or criminal intent (mens rea).

What is the branch of law that defines crimes, treats of their nature, and provides for their punishment?

Criminal law

How is a crime defined under Philippine criminal law?

An act committed or omitted in violation of a public law forbidding or commanding it.

Name the three primary sources of Philippine criminal law.

1) The Revised Penal Code and its amendments; 2) Special penal laws; 3) Penal Presidential Decrees issued during Martial Law.

Are common-law crimes recognized in the Philippines?

No. Unless an act is defined and punished by the RPC or a special law, no criminal liability is incurred.

Do court decisions constitute a source of criminal law?

No. They only interpret and apply laws enacted by the legislature.

What constitutional provision bars ex post facto laws and bills of attainder?

Article III, Section 22 of the 1987 Constitution.

Give two examples of what constitutes an ex post facto law.

1) A law that makes an act criminal which was innocent when done; 2) A law that increases the punishment for a crime after its commission.

Define a bill of attainder.

A legislative act that inflicts punishment without judicial trial.

Which constitutional right ensures an accused is presumed innocent until proven guilty?

Article III, Section 14(2) – presumption of innocence.

Which constitutional right protects against self-incrimination?

Article III, Section 17 – no person shall be compelled to be a witness against himself.

What is the constitutional guarantee against double jeopardy?

Article III, Section 21 – no person shall be twice put in jeopardy of punishment for the same offense.

Which rule in the Rules of Court lists statutory rights of the accused?

Rule 115, Section 1 of the Revised Rules on Criminal Procedure.

Which right may be waived: confrontation of witnesses or being informed of the nature of accusation?

The right to confrontation and cross-examination may be waived; the right to be informed of the accusation may not.

State the three characteristics of criminal law.

General, territorial, and prospective.

What does the "general" characteristic of criminal law mean?

It binds all persons who live or sojourn in Philippine territory.

What article of the RPC outlines extra-territorial applicability?

Article 2 of the Revised Penal Code.

Give one situation where the RPC applies outside Philippine territory.

When an offense is committed on board a Philippine ship or airship.

When did the Revised Penal Code (RPC) take effect?

The Revised Penal Code (RPC) took effect on January 1, 1932.

How many situations are enumerated in Article 2 of the RPC regarding extra-territorial applicability?

Article 2 of the RPC enumerates five situations where the code applies outside Philippine territory.

List some of the situations enumerated in Article 2 of the RPC where it has extra-territorial application.

1) Committed on board a Philippine vessel or airship; 2) Forging or counterfeiting Philippine currency, treasury warrants, or obligations; 3) Introduction of such forged documents; 4) Public officers committing offenses in the exercise of their functions; 5) Crimes against national security and the law of nations.

According to Article 3 of the RPC, how are felonies defined and committed?

Felonies are defined as acts or omissions punishable by the Revised Penal Code. They are committed either by means of deceit (dolo) or by means of fault (culpa).

What are the requisites for committing a felony by means of dolo (deceit)?

1) Criminal intent (malice) and 2) Freedom of action. Felonies by dolo involve deliberate intent.

What are the requisites for committing a felony by means of culpa (fault)?

1) Lack of foresight (imprudence) or 2) Lack of skill (negligence). Felonies by culpa do not involve criminal intent but result from fault.

What is 'mens rea' in the context of felonies by dolo?

The term for criminal intent or malice in felonies committed by means of deceit (dolo).

What are the general elements of a felony under the Revised Penal Code?

1) Intent (dolus), 2) Negligence or Imprudence (culpa), and 3) Lawfulness (not justified or excused).

Differentiate between felonies committed by dolo and those committed by culpa.

For dolo, the act is voluntary, coupled with malice or criminal intent. For culpa, the act is voluntary but the injury results from imprudence, negligence, lack of foresight, or lack of skill, without intent to cause wrong.

Can a felony be committed without either dolo or culpa?

No. Article 3 requires either dolo or culpa. A person cannot be held criminally liable for an act or omission without either intent or fault.

Define 'imprudence' within the context of felonies by culpa.

An act performed voluntarily but without due care, which causes injury to another.

Define 'negligence' within the context of felonies by culpa.

The failure to use the required amount of care or skill in the performance of an act, resulting in injury.

What is the general rule regarding jurisdiction over crimes committed aboard foreign vessels within Philippine territorial waters?

The Philippines generally adheres to the English Rule for crimes committed aboard foreign vessels in its territorial waters, meaning it assumes jurisdiction over such crimes, unless they affect only the internal management of the vessel.

Distinguish between the English Rule and the French Rule concerning jurisdiction over crimes on foreign vessels.

The English Rule asserts that the territorial sovereignty extends to all crimes committed on board a vessel while in the territorial waters of the nation. The French Rule asserts that crimes committed on board a foreign vessel should not be prosecuted in the courts of the country in whose waters the vessel is, unless they affect the peace and security of the port.

List additional constitutional and statutory rights of the accused not yet covered.

Beyond those specifically mentioned (presumption of innocence, against self-incrimination, against double jeopardy): access to legal counsel, right to be heard by himself and counsel, right to compulsory process (subpoena) to secure attendance of witnesses and production of evidence, right to speedy, impartial, and public trial.

What is the fundamental difference between intentional and culpable felonies?

Intentional felonies (dolosus) are committed with malice or criminal intent. Culpable felonies (culposus) are committed without criminal intent but due to imprudence, negligence, or lack of foresight or skill.

What are the three essential components or requisites of dolo (malice or criminal intent)?

The elements of criminal intent (dolo) are: 1) Intelligence (capacity to understand the nature of the act); 2) Freedom (absence of duress or coercion); and 3) Intent (the purpose to do a particular act, coupled with knowledge of its consequences).

How does 'lack of foresight' relate to culpable felonies?

It implies a situation where the actor lacks sufficient foresight to consider the possible consequences of their action, leading to an unintended injury.

What is 'mistake of fact' in criminal law?

This refers to a genuine mistake regarding a material fact in a criminal case, which, if true, would have rendered the act innocent. It may exempt a person from criminal liability under the principle of "ignorantia facti excusat" (ignorance of fact excuses).

What are the requisites for 'mistake of fact' to be considered an exempting circumstance?

1) The act done would have been lawful had the facts been as the accused believed them to be; 2) The intention of the accused in performing the act was lawful; 3) The mistake was not due to fault or negligence of the accused.

What is 'mistake of identity' (error in personae)?

This occurs when the accused intends to commit a crime against one person but, due to an error, commits the crime against another. For example, intending to shoot A but mistakenly shooting B.

How does the legal effect of 'mistake of fact' differ from 'mistake of identity'?

Mistake of fact, under certain conditions, can be an exempting circumstance that negates criminal intent and thus liability. Mistake of identity, however, does not exempt from criminal liability because the accused still had criminal intent (dolo) to commit a felony, even if the victim was not the intended one. The criminal act is still intentional.