Criminal Law

Substantive
Defines crimes, treats, punishment
Legislative in nature
Prospective

Crimes
Crime is punishable
under Ph laws but
not under US laws
Crime is punishable
under US laws but
not under Ph laws
Crime is punishable
under the US and Ph
laws
Crime is committed
by a US personnel
against the security
and property of the
US alone

Criminal Procedure
Remedial
Can be promulgated by legislature or judiciary
Retroactive
Sources of Criminal Law
1.
The Revised Penal Code
2.
Special Penal Laws
3.
Penal Presidential Decrees issued during Martial Law
Legal Maxims
1.
Nullum crimen nulla poena sine lege there is no
crime when there is no law that defines and punishes it.
2.
Actus no facit reum, nisi mens sit rea the act cannot
be criminal unless the mind is criminal
3.
Actus me invite factus non est meus actus an act
done by me against my will is not my act
4.
El Que Es Causa De La Causa Es Causa Del Mal
Causado He who is the cause of the cause is the cause
of the evil caused.
Characteristics of Criminal Law
A.
General:
GR: binding on all persons who live or sojourn in the Ph territory
Xpn:
1. Treaty Stipulations
a. Bases Agreement
- entered into by the Ph and the US on Mar.
14, 1947 and expired on Sept. 16, 1991.
b. Visiting Forces Agreement (VFA)
- agreement between the Ph and US Govt
regarding the treatment of US Armed Forces
visiting the Philippines (signed on Feb. 10,
1998).
- US shall have the right to exercise over US
personnel:
i.
All
criminal
and
disciplinary
jurisdiction
ii.
Exclusive jurisdiction with regards to
offenses punishable under law of US
iii.
Subject to the military law of the US
in relation to:

Offenses solely against: 1.

Property or security if US
and 2. Property or person of
US personnel

Offenses arising out of any

act or mission dine in
performance of official duty
- citizenship is immaterial, it is necessary that
one is a member of the US military either as:
i.
US military personnel
ii.
US civilian personnel connected to
US military operations.
- Rule on Jurisdiction under the VFA:
GR: Ph cannot refuse the request of
the US for waiver of Jurisdiction
Xpn:
Crime
is
of
National
Importance:

Heinous Crimes (RA 7659)

Child Abuse Cases (RA

7610)

Dangerous Drug Cases (RA

9165)

2.

B.

Jurisdiction
RP

US

Primary: RP
Especially treason
espionage, sabotage

US

Laws of preferential Application

a. RA 75
- penalizes acts which would impair the
proper observance by the Republic and
inhabitants of the Ph of the immunities, rights,
and privileges of duly accredited foreign
diplomatic representatives in the Ph.
- Members of Congress are not liable for libel
or slander for any speech in Congress or in
any committee thereof. (Sec. 11, Art. VI, 1987
Constitution)
- exempt from arrest and imprisonment and
whose properties are exempt from distraint,
seizure and attachment:
i.
Ambassadors
ii.
Public Ministers
iii.
Domestic servants of ambassadors
and public ministers
b. Warship Rule
- A warship of another country, even though
docked in the Philippines, is considered an
extension of the territory of its respective
country. This also applies to embassies.
c. Principles of Public International Law
- The following persons are exempted:
i.
Sovereigns and other heads of state
ii.
Ambassadors,
ministers,
plenipotentiary, minister resident and
charges d affaires. (Article 31,
Vienna Convention on Diplomatic
Relations)
Note: Consuls and consular officers
are NOT exempt from local
prosecution.
d. Extraterritoriality

Territorial
GR: Intraterritorial - RPC are enforceable only within its
territory
1. Terrestrial jurisdiction - jurisdiction exercised over
land.
2. Fluvial jurisdiction - jurisdiction exercised over
maritime and interior waters.
3. Aerial jurisdiction - jurisdiction exercised over the
atmosphere.
Xpn: Extraterritorial - refers to the application of the RPC
outside the Philippine territory.
1. Crimes committed aboard Philippine ship or
airship
- Note: The country of registry determines the
nationality of the vessel, not its ownership.
- Rules on Vessel
a.

Ph vessel or aircraft
- registered with MARINA
- RPC applies when it was found within:
i.
Ph waters
ii.
High seas

b.

Foreign Merchant Vessels

- Ph: English Rule. However, these rules are

NOT applicable if the vessel is on the high
seas when the crime was committed. In these
cases, the laws of the nationality of the ship
will always apply.
5.

GR

XP
N

c.

French Rule
(Flag/Nationalit
y)
flag or nationality
of the
vessel
which
determines
jurisdiction
crime
violates
the peace and
order of the host
country

English Rule
(Territoriality/Situ
s)
location or situs of
the crime
determines
jurisdiction

2.

3.
4.

- Terrorism is now classified as a crime against national

security and the law of nations. (See R.A. 9372,
Human Security Act of 2007).

crime merely
relates to internal
management of the
vessel.

a.

Crimes against national security:

Treason (A.114)
Conspiracy and proposal to commit
treason (A.115)
iii.
Misprision of treason (A.116)
iv.
Espionage (A.117)
b. Crimes against the law of nations:
i.
Inciting to war or giving motives for
reprisals (A.118)
ii.
Violation of neutrality (A.119)
iii.
Correspondence with hostile country
(A.120)
iv.
Flight to enemys country (A.121)
v.
Piracy in general and mutiny on the high
seas or in Philippine waters (A.122)
Xpn to xpn: Penal Laws not applicable within or without Ph
territory if so provided in treaties and laws of preferential
application. (A. 2, RPC)
i.
ii.

Foreign warships
- French Rule applies

- International Theories on Aerial Jurisdiction

a. Free Zone Theory - The atmosphere over the
country is free and not subject to the
jurisdiction of the subjacent state, except for
the protection of its national security and
public order.
b. Relative Theory - The subjacent state
exercises jurisdiction over the atmosphere
only to the extent that it can effectively
exercise control thereof.
c. Absolute Theory - The subjacent state has
complete jurisdiction over the atmosphere
above it subject only to the innocent passage
by aircraft of a foreign country. Under this
theory, if the crime is committed in an aircraft,
no matter how high, as long as it can be
established that it is within the Philippine
atmosphere, Philippine criminal law (See AntiHijacking Law) will govern.
Note: The Philippines adopts the Absolute Theory
Forging/Counterfeiting and Coins or Currency
Notes in the Philippines
- Forgery is committed abroad, it must refer only to
Philippine coin, currency note, obligations and
securities.
- Obligations and securities of the GSIS, SSS and
Landbank are not of the Govt because they separate
charters.
- Those who introduced the counterfeit items are
criminally liable even if they were not the ones who
counterfeited.
- Those who counterfeited the items are criminally
liable even if they did not introduce the counterfeit
items.
Should
introduce
into
the
country
the
abovementioned obligations and securities.
When public officers or employees commit an
offense in the exercise of their functions, like:
a. Direct bribery (A.210)
b. Qualified Bribery (A. 211-A)
c. Indirect bribery (A.211)
d. Corruption (A.212)
e. Frauds against the public treasury (A.213)
f. Possession of prohibited interest (A.216)
g. Malversation of public funds or property (A.
217)
h. Failure to render accounts (A.218)
i.
Illegal use of public funds or property (A.220)
j.
Failure to make delivery of public funds or
property (A.221)
k. Falsification (A.171)
l.
Those having to do with the discharge of their
duties in a foreign country.

The functions contemplated are those, which are,

under the law:
a. to be performed by the public officer;
b. in the foreign service of the Ph Govt
c. in a foreign country.
Commit any of the crimes against national security
and the law of nations, (Title One, Book 2,RPC)
- Crimes against public order (e.g., rebellion, coup
detat, sedition) committed abroad is under the
jurisdiction of the host country

C.

Prospectivity
GR: Prospective
Xpn: Retroactive - Favorable to the accused
Xpn to xpn:
1. Accused is a habitual delinquent
2. Where the new law expressly made inapplicable to
pending actions or existing causes of actions.

1.

2.
3.

4.

Effects of repeal/amendment of penal law

If the repeal makes the penalty lighter in the new law,
a. The new law shall be applied
b. EXCEPT when the offender is a habitual
delinquent or when the new law is made not
applicable to pending action or existing causes of
action.
If the new law imposes a heavier penalty
a. 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,
a. The crime is obliterated.
b. Pending cases are dismissed.
c. Unserved penalties imposed are remitted.
Rule of prospectivity also applies to judicial decisions,
administrative rulings and circulars.[Art. 8, Civil Code]

Rationale for the prospectivity rule: the punishability of an

act must be reasonably known for the guidance of society
[Peo v. Jabinal].

Constitutional Limitations on the Power of

Congress to Enact Penal Laws
1. Equal Protection
2. Due Process
3. Non-imposition of cruel and unusual punishment or
excessive fines
4. No ex post facto law or bill of attainder shall be
enacted.
a. Bill of Attainder legislative act that inflicts
punishment without trial, its essence being the
substitution of legislative fiat for a judicial
determination of guilt.
b. Ex Post Facto Law law that would make a
previous act criminal although it was not so at the
time it was committed.