Criminal law

Crimes
Sources of criminal law (4)
States power to define and punish crimes =
police power
Limitations of legislative body as indicated
in the Bill of Rights
1. No:
ex post facto law prohibits
retroactive laws (eg. 6)
bill of attainder inflicts
punishment without a judicial
trial
2. Due process of law
General application
Clear definition
Constitutional rights (8)
Statutory rights (9)
Rights that can and cannot be waived
(private vs. public interest)
Characteristics of criminal law:
1. General binding on all persons who
live in the Philippines (Art 14 New
Civil Code) exceptions (Law of
Nations)
Jurisdiction of civil courts in
relation to the military
character of the accused (US
vs. Sweet)
Civil courts have concurrent
jurisdiction with general
courts-martial over soldiers
of AFP
o Civil courts = murder
cases of persons
subject to military law
o Civil courts = have
jurisdiction over
offense of
malversation by an
army finance officer
Military court take
cognizance of the case =
Articles of War
Civil courts have jurisdiction
except when crime was
determined to be service-
connected (54-70, 72-92, 95-
97)
Court-martial prevents
double jeopardy
War crimes = military
commission
Military commission still has
jurisdiction as long as the
technical state of war
continues
Exceptions to general application
Treaties or treaty stipulations
(eg. Bases Agreement and
Agreement on treatment of
USAF visiting the
Philippines)
Laws on preferential
application (RA No. 75)
Persons exempted from criminal
laws through public international law
Sovereigns and other chiefs
of state
Ambassadors, ministers
plenipotentiary, ministers
resident, charges daffaires
*consuls are not exempted =
subject to the laws of the country
to which he is accredited
2. Territorial enforceable only within
its territory
Exceptions = Article 2
3. Prospective
Exception = if more lenient to the
accused
Exception to the exception
if expressly made
inapplicable to case
offender is a habitual
criminal
Effects of repeal
old > new = new
old< new = old
new = crime obliterated
*absolute repeal = offense ceases
to be criminal
Revised Penal Code
took into consideration the special
penal laws and rulings of SC
didnt undertake the codification of all
penal laws
does not embody the latest progress of
criminal science
approved on December 8, 1930
took effect on January 1, 1932
its two books:
1 = basic principles and
provisions on penalties
2 = defines felonies and
corresponding penalties
Article 1 code takes effect on January 1,
1932
Two theories of criminal law
1. Classical
free will and retribution
man is moral creature with
choices
establish a proportion
between crime and penalty
scant regard to the human
element
2. Positivist
Man is subdues by strange
phenomenon which
constrains him to do wrong
Crime is social and natural
phenomenon
Article 2 application of its provisions
1. Offense while on Philippine ship or
airship
National territory 3 miles
from seashore
Philippine vessel registered
in the Bureau of Customs
Merchant vessel territorial
laws
Warships laws of country
where it belongs
2. Forge of counterfeit coin, currency
not, or obligations and securities
3. Liable for acts connected with
introduction of obligations and
securities
4. Crimes in exercise of public
functions
Direct and indirect bribery
Frauds against public
treasury
Possession of prohibited
interest
Malversation of public funds
or property
Failure of accountable officer
to render accounts
Failure to make delivery of
public funds or property
Falsification with abuse of
his official position
5. Crimes against national security and
law of nations
Treason
Conspiracy and proposal to
commit treason
Espionage
Inciting to war
Violation of neutrality
Correspondence with hostile
country
Flight to enemys country
Piracy and mutiny to high
seas
Article 3 definition of felonies
Felonies
Elements (3)
Act external act
Overt act act
Omission should be punishable by law
nullum crimen nulla poena sine lege
there is no crime when there is no law
punishing it
Classification of felonies according to their
means
1. Intentional
Malicious
Intent to cause injury
2. Culpable felonies
Not malicious
Incident to an act performed
without intent
Imprudence deficiency of
action
Negligence deficiency of
perception
Requisites of dolo:
a) Freedom
b) Intent mental state shown
by overt acts
c) Intelligence
*criminal intent is presumed
Mistake of fact misapprehension of
fact
Requisites:
a) Act would have been lawful
b) Intention is lawful
c) Act is without fault or
carelessness