A. Definition and background 1. CRIMINAL LAW Branch of public law that defines criminal offenses and prescribes specific punishment for them It treats of acts or omission of the citizens which are deemed primarily as wrongs against the State more than the offended party Defines crimes, treat their nature and provide for their punishment 2. Revised Penal Code was based on the Spanish Penal Code of 1870. B. Characteristics of Penal Law 1. GENERALITY It is binding on all persons who reside or sojourn in the Philippines whether citizens or not Based on Art. 14 of the Civil Code and on equal protection clause in Art. III(1) of 1987 Constitution. It refers to the persons covered, with no reference to territory. Exceptions: Article 2 of RPC except as provided in the treaties and laws of preferential application. Article 14 of NCC subject to the principles of public international law and treaty stipulation o Treaty Stipulation Examples: Base Agreement Visiting Forces Agreement o Law of preferential application Examples: R.A. 75 It is a law to penalize acts which would impair the proper observance, by the Republic and inhabitants of the Philippines of the immunities, rights and privileges of duly accredited foreign diplomatic representative in the Philippines. Favors diplomatic representative and their domestic servant. This is not applicable when the country adversely affected does not provide similar protection to our diplomatic representative. o Public International Law Persons which are immune from the application of penal laws in the country they are assigned Ambassador, ministers plenipotentiary, ministers resident, charges daffaires, Sovereigns and other chief of state. Exception to the exception: Consuls, vice-consuls and other commercial representative of foreign nations do not pessess the status of, and cannot claim the priveleges and immunities accorded to ambassadors and ministers. 2. TERRITORIALITY Penal laws of the Philippines are enforceable only within its territory. Based on Article 2 of RPC It cannot commit crimes committed outside the Philippines The territory of the country is not limited to the land where its sovereignty resides but includes the maritime and interior waters as well as the atmosphere Terrestrial Jurisdiction jurisdiction exercised over the land Fluvial Jurisdiction jurisdiction exercised over maritime and interior waters Aerial Jurisdiction jurisdiction exercised over the atmosphere Exception: Art. 2 of RPC binding crimes even outside the Philippines: Offenses committed while on a Philippine ship or airship Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Philippine Government Acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number While being public officers and employees, any offense committed in the exercise of their function Any crimes committed against national security and the law of nations, defined in Title One of Book Two of RPC 3. PROSPECTIVITY Penal law cannot make an act punishable in a manner in which it was not punishable when committed Base on Art. 21 and 22 of RPC; Art. III(22) of the Constitution; Art. 4 of NCC Crimes are punished under the laws in force at the time of their commission (Art. 366, RPC) Law does not have any retroactive effect (Irretrospectivity) Exception: Art. 22 of RPC Penal law shall have a retroactive effect insofar as they favor of person guilty of felony Exception to the Exception: The new law is expressly made inapplicable to pending actions or existing cause of action Offender is a habitual criminal under Rule 5 of Art. 62, RPC (Art. 22, RPC) Different effects of repeal of penal law: If the repeal makes the penalty lighter in the new law, the new law shall be applied, except when the offender is a habitual delinquent or when the new law is made not applicable to pending actions or existing cause of action If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied
If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated Rule of prospectivity also applies to circulars, judicial decisions and administrative rulings 4. LEGALITY There is no crime when there is no law that defines and punishes it (Nullum crimen nulla poena sine lege) This is true for civil country, but not to common law countries where laws are evolved Limitation: 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. Penal laws are enacted hence , no matter how heinous is an act it is not considered a crime unless there is a law that punishes it (Art. 5, RPC) No crime shall be punishable b any penalty not prescribed by laqw prior to its commission (Art. 21, RPC) 5. CONSTRUCTION OF PENAL LAWS Penal laws are strictly construed against the Government and liberally on favor of the accused The rule that penal statutes should be strictly construed against the State may be invoked only where the law is ambiguous and there is doubt as to its interpretation No interpretation by analogy In the construction or interpretation of the provisions of the RPC, Spanish text is controlling as provided in Sec 15 of Revised Administrative Code because it was approved and enacted in Spanish C. Underlying Philosophies 1. CLASSICAL or JURISTIC Basis of criminal liability Human free will, man has the capacity to choose between right and wrong, good and evil. When he does or omits to do an act, he does it willingly and voluntarily with full knowledge of its effects and consequences. Purpose of penalty retribution an eye for an eye, a tooth for a tooth (occulo pro occulo, dente pro dente) Offender should be given the penalty he deserved. Justice is for the offended party, which requires that the offender be repaid with commensurate punishment Determination of penalty sstablished by a specific and predetermined penalty for the offense committed. The penalty is mechanically determined in direct proportion to the crime committed. Emphasis of the law on the offense and not the offender Penal code is generally governed by this theory 2. POSITIVIST or REALISTIC Basis of criminal liability Man is inherently good, but the offender is socially sick. He is a product of biological factors and his environment. His actions and thoughts are influenced by his upbringing, social environment and asscociation. Purpose of penalty reformation Penalty should be corrective and curative to reform him and bring him back to his good nature. Determination of penalty after an individual examination of the offender. The penalty should be suited to the individual offender precisely because the purpose is to reform him Emphasis of the law on the offender and not on the offense 3. MIXED or ECCLETIC Combines the good features of both classical and positivist theories Classical theory should be applied to grievous or heinous crimes; whereas positivist is made to apply on economic and social crime Revise Penal Code follows this theory Notes: Basic principle of our criminal law is that a person is criminally liable for a felony committed. When man commits a felonious or criminal act (delito doso), the act is presumed to be done voluntarily, therefore he should be held accountable for his wrongful act as long as free will is unimpaired. Rigid penalty in Book II of RPC under classical theory is tempered by certain factors approximating the positivist theory: Indeterminate Sentence Law Modifying Circumstances Extenuating / absolutory circumstances Probation Three-fold rule on multiple penalties 40-yr maximum limit for penalty Executive clemency under Article 5 and Article 70 D. Sources and Legal Basis 1. The Revised Penal Code (Act No. 3815) and its amendments 2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa 3. Penal Presidential Decrees issued during Martial Law. E. Power to Enact Penal Laws and the Limitations The State has the authority, under its police power, to define and punish crimes and to lay down the rules of the criminal procedures Court decisions are not sources of criminal law, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government Limitations on Power of Congress to Enact Penal Laws: Based on Article III (Bill of Rights) of the 1987 Constitution 1. The law must be in general application so as not to violate the equal protection clause. 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 law (section 1) 2. No law must be passed imposing cruel and unusual punishment or excessive fines (Section 12[2]) 3. Ex pos facto law Penal law which is given retroactive application to the prejudice of the accused It makes an act or omission criminal which when committed is not yet so Examples of ex pos facto law: o Statutes that make an act punishable as a crime when such act was not an offense when committed o Aggravates a crime, or makes it greater than it was, when committed o Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed o Those which alter the rules of evidence so as to make it substantially easier to convict a defendant o Assumes to regulate civil rights and remedies only in effect imposes penalty or deprivation of a right for something which when done was lawful o Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty 4. Bill of Attainder Legislative act which inflicts punishment without trial Its essence is the substitution of a legislative act for a judicial determination of guilt It offends against the due process clause and has the features of ex pos facto law No person shall be held to answer for a criminal offense without due process of law (Art. III, Sec. 14[1] F. Doctrine of Pro Reo Whenever a penal law is to be construed or applied and where a penal law is susceptible to two interpretation one lenient to the offender and one strict to the offender that interpretation which is lenient or favorable to the offender will be adopted All doubts shall be construed in favor of the accused Consistent with the presumption of the innocence In all criminal prosecutions, the accused shall be presumed innocent until contrary is proved (Art. III, Sec. 14*2+, 1987 Constitution) G. Equipoise Rule When the evidence of the prosecution of the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence. H. Utilitarian Theory The primary function of punishment in criminal law is to protect the society from potential and actual wrong doers. The retributive aspect of penal laws should be directed against the potential and actual wrong doers
Fundamental Concepts of The Roman Law Author(s) : Max Radin Source: California Law Review, Mar., 1925, Vol. 13, No. 3 (Mar., 1925), Pp. 207-228 Published By: California Law Review, Inc