CRIMINAL LAW 1 - Module 1

What is Criminal Law?

it is a branch of public law, because it treats acts or omissions – which are primarily wrongs against the state

What is Penal Law

it is an act of legislature prohibiting certain acts and esblished penalties for their violations, those that define crime, treat of their nature and provide for their punishment.

What is a Crime?

A crime is an act comitted or omitted in violation of public law forbidding or commanding it.

What are the 3 source of Philippine Criminal Law?

The Revised Penal Code (Act. No. 3815) and its Amendment’s

The Special Penal Laws - passed by the Philippine Commission, Philippine Assembly, Philippine Legislatrue, National Assembly, The Congress of the Philippines and Batasang Pambansa

Penal Presidential Decree - during martial law

What are the different philosophies underlying the Criminal Law System?

Classical or Juristic Philosophy

Positivism or Realism Philosophy

Ecclectic Philosophy

Utilitarian Philosophy

What is an ex post facto law

A law that retroactively changes the legal consequences of an act

Article 21 of the Revised Penal Code

No felony shall be punishable by any penalty not prescribed by law prior to its commission.

Article 22 of the Revised Penal Code

Penal law shall have a retroactive effect insofar as they favor the person guilty of 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.

The 2 requisites for a retroactive application

1. If it is favorable to the accused

2. He or she is not a habitual offender

Doctrinal Application of the Prospectivity Rule

Legis interpretation legis uim obtinet

Lex prospicit, non respicit

Examples of Ex Post facto law

A law which makes an act or omission criminal, when the time of the act committed was not a criminal liability.

A law that imposes a penalty that is higher than when it was committed.

A law that requires a lesser quantum of evidence when the crime was committed.

A law that deprives a person accused of crime of some unlawful protection to which he has become entitled to it. (Such as Amnesty relative to Lacson vs Executive Secretary)

What are the Characteristics of Penal Law?

Generality - (Persons to be Governed) - Art. 14 of the civil code, and Art. 3 of the constitution.

Territoriality - (The place where it is applicable) Art. 2 of the revised penal code

Prospectivity - (How the law is applied) Art. 21 and 22 of the Revised Penal Code, Art. 3 Section 22 of the Constitution, and Art. 4 of the Civil Code

The rule for interpretation of penal laws in relation to accused culpability.

If there are 2 possible interpretations of the law, the exculpatory interpretation shall prevail.

Article 2 of the Revised Penal Code

Application of its provisions. 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 a counterfeit any coin or currency note of the Philippine islands or obligation 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 obligation and securities mentioned in the preceding 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.

R.A no. 75 on immunity of diplomatic representatives foreign duties. Who are exempt from criminal law by the virtue of public international law?

Sovereigns and other Chief of the state

Ambassadors

Diplomatic agents possessing full power and authority

Ministers residents

Charges d’affaires.

What are the exceptions for Immunity for criminal law with accordance to RA.75 Section 7

Foreign countries who does not provide similar protection to our foreign representatives. With accordance to PA,IPOR,PDFCA

Consuls and other commercial representatives who does not have the same status of ambassadors and minister.

2 application of the Code

Inter-Territorial Application

Extra- Territorial Application

Article 1 of the 1987 Constitution

The national territory comprises the Philippine archipelago, with all the islands and waters embraces therein, and all other territories over which the Philippine has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters of the Philippines.

What are the exceptions to Territorial Application of the RPC

1. RPC governs crimes committed on Philippine ship/airship

2. should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Philippine Government Islands.

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number.

4. While being public officers or employees, should commit an offense in the exercise of their functions.

5. Should commit any of the crimes against national security and the law of nations, defined in the Title One of Book Two of this Code.

What is the exception when public officers commits a crime, and NO jurisdiction is present?

If the act committed or omitted was under his private capacity without any relation to his/her public office.