PHILIPPINE CRIMINAL LAW: KEY CONCEPTS (Condensed Notes)

Sources and Nature of Philippine Criminal Law

  • Criminal law defines crimes, their nature, and punishment. (12 Cyc. 129)

  • Crime: act committed or omitted in violation of a public law. (I Bouvier's Law Dictionary)

  • Philippine sources:

    • The Revised Penal Code (Act No. 3815) and amendments

    • Special Penal Laws from various Philippine authorities

    • Penal Presidential Decrees during Martial Law

  • No common law crimes in the Philippines; unless defined by statute. Court decisions explain/apply law, but are not sources of criminal law.

  • No reliance on court decisions as primary sources; they interpret enacted law.

Limitations to Enact Criminal Legislation

  • State police power to define/punish crimes and set criminal procedure (People v. Santiago).

  • Prosecution/punishment is a sovereign power, belonging to the state.

  • Constitutional limits (Bill of Rights):

    • Art. \text{III}, Sec. 22} ex post facto prohibition

    • Art. \text{III}, Sec. 14(1)} due process

  • Ex post facto: retroactive laws that punish acts illegal when committed; several criteria (see notes):

    • makes criminal an act done before the law, or aggravates a crime, or increases punishment, or alters evidence rules.

  • Bill of Attainder prohibition: punishment without judicial trial (People v. Ferrer).

  • Retroactive penalties must comply with the Constitution and RPC; e.g., retroactive increases may violate ex post facto.

Constitutional Rights of the Accused

  • Right to speedy disposition of cases (Sec. 16).

  • Right to due process (Sec. 14(1)); presumption of innocence (Sec. 14(2)); right to be informed of accusation; right to counsel and to be heard; cross-examination; public trial.

  • Right to bail (Sec. 13); not excessive; presumption of innocence before conviction.

  • Privilege against self-incrimination (Sec. 17); right to remain silent; competent independent counsel; counsel if cannot afford.

  • Protection against torture/secret detention; confessions inadmissible if violation (Sec. 12(2)/(3)).

  • No double jeopardy; right to substantial legal aid (Sec. 11).

  • Statutory rights (Rule 115): presumption of innocence beyond reasonable doubt; be informed of the accusation; present defense; testify; confront witnesses; compulsory process; speedy, impartial, public trial; rights may be waived only in writing with counsel (except certain non-waivable rights).

Characteristics of Criminal Law

  • General: binding on all persons in Philippine territory (Art. 14, Civil Code).

  • Territorial: punishable within Philippine territory, including atmosphere and interior waters and maritime zone.

  • Prospective: crimes punished by laws in force at time of commission (Art. 366 RPC).

  • Two theories of criminal law:

    • Classical theory: free will; punishment as retribution; proportionality of crime and penalty.

    • Positivist theory: crime as a social phenomenon; emphasis on investigation, rehabilitation, and individualized measures.

Application and Territoriality of the RPC

  • The RPC applies within the Philippine Archipelago and, in some cases, outside its jurisdiction (Art. 2).

  • Extraterritorial application cases include acts aboard Philippine ships/airships, forged currency, acts by public officers in the exercise of their functions, and offenses against national security/law of nations.

  • Treaties and laws of preferential application may modify the general rule (e.g., RP-US Visiting Forces Accord; Bases Agreement; Diplomatic privileges under law of preferential application).

  • Foreign sovereignty immunities: heads of state/diplomats enjoy immunity; consuls have limited immunity; consular officers subject to local law unless treaty provides otherwise.

  • Jurisdiction over crimes on foreign vessels/aircraft and in territorial waters depends on vessel type (merchant vs. warship) and location (three-mile limit concept).

Construction of Penal Laws

  • Self-repealing laws: when a repealing statute fully removes the old offense, the offense ceases to exist; context matters (e.g., repeal by reenactment preserves liability in some cases).

  • Penal laws are strictly construed against the government and liberally in favor of the accused when ambiguous.

  • Spanish text controls interpretation of the RPC where applicable.

  • Construction rules apply to translation and text interpretation in some cases (e.g., various translation issues in Art. 3 cases).

The Revised Penal Code — General Overview

  • The RPC (Act No. 3815) is divided into two books: Book One (General provisions, liability, penalties) and Book Two (Felonies and penalties).

  • History: revised in 1930, effective 1932; prior penal code traces to 1887; context explained in history section.

  • Two main theories of criminal law recur: classical (free will; retribution) and positivist (social factors; rehabilitation).

Felonies and Article 3 (Definition and Elements)

  • Felonies (delitos): acts/omissions punishable by the RPC.

  • Elements of felonies:

    • An act or omission

    • Punishable under RPC

    • Punished by dolo (deceit/malice) or culpa (fault/negligence)

  • Act vs omission defined; omission requires a legal duty to act (e.g., failure to assist, illegal exaction, misprision of treason).

  • Mistake of fact and mistake of identity as defenses in some contexts; intent can be negated by honest mistake of fact (see cases Ah Chong, Oanis, etc.).

  • Mala in se (inherently immoral) vs mala prohibita (forbidden by statute) distinctions; many offenses are mala prohibita (e.g., illegal possession of firearms).

  • Intent and motive: intent governs crimes by dolo; motive is not always essential; proof of motive helps but is not necessary for conviction when identification is solid.

Dolo and Culpa; Intent and Voluntariness

  • Dolo (malice) vs culpa (negligence/imprudence): both require voluntary act, but dolo involves intent to injure; culpa involves lack of foresight/skill.

  • Voluntariness prerequisites: freedom, intelligence, and intent or fault depending on the type of felony.

  • In felonies by dolo, intent to injure or gain is present; in felonies by culpa, injury results from imprudence or negligence without malicious intent.

  • Mistake of fact can negate criminal liability in certain culpable or accidental situations when there is no fault or malice.

Proximate Cause and Article 4 (Criminal Liability for Consequences)

  • Article 4 provides liability for the consequences of a felony even if they are not the intended result:

    • Paragraph 1: liability for a felony even if the wrongful act differs from what was intended (the wrong done must be the natural and direct consequence of the felony).

    • Proximate cause concept: the act must be the proximate cause of the injury; intervening forces may break the chain.

    • If an intervening act is foreign to the felony or if the victim’s own actions are the cause, liability may be reduced or excluded.

  • Examples illustrate liability for all natural and logical consequences arising from the felonious act; liability does not extend to results arising from unrelated intervening acts.

Impossible Crimes (Art. 4, Para. 2)

  • Impossible crime: act intended to be criminal but cannot be completed or is inherently impossible to accomplish.

  • Requisites:
    1) Act would be an offense against persons or property if accomplished; 2) Evil intent; 3) Accomplishment is inherently impossible or the means are inadequate/ineffective; 4) The act would not violate another provision of RPC.

  • Examples: attempting to poison with ordinary salt (not arsenic), attempting to murder a corpse, theft where the property does not belong to another, etc.

Stages of Execution (Art. 6)

  • Consummated felony: all elements necessary for execution and accomplishment are present.

  • Frustrated felony: offender has begun the acts of execution but does not produce the felony due to some independent cause.

  • Attempted felony: offender begins the commission of a felony directly by overt acts but fails to perform all acts needed due to some cause or because of his own spontaneous desistance.

Miscellaneous Important Concepts

  • Prosecution on foreign vessels; jurisdiction rules depend on vessel type and location; English vs French rules regarding jurisdiction on board ships abroad; Philippines generally follows English rule (territorial courts have jurisdiction for offenses that disturb public order on ships under Philippine jurisdiction).

  • Extra-territorial application of newer laws (e.g., Human Security Act of 2007, RP-US Visiting Forces, Bases Agreement) may extend Philippine jurisdiction in specific ways.

  • When acts are not covered by law or penalties are excessive, courts may report to the Executive for possible legislative action (Art. 5).

Quick Reference: Key Article References (for review)

  • Art. 2 — Application of the provisions of the RPC (territorial and extra-territorial scope; preferential application treaties)

  • Art. 3 — Felonies: definition, elements, dolo vs culpa, act vs omission

  • Art. 4 — Criminal liability: consequences beyond the act; proximate cause; impossibilities

  • Art. 5 — Acts not covered by law and excessive penalties; judicial discretion and executive clemency

  • Art. 6 — Stages of execution: consummated, frustrated, attempted

  • Rule 115 (Rules on Criminal Procedure) — Rights of the accused (presumption of innocence, information of charges, defense, confrontation, etc.)