CRIMINAL LAW BOOK 1 L.B.

REYES

CRIMINAL LAW Branch or division of law which defines crimes, treats of their nature, EX POST FACTO LAW IS ONE WHICH - prohibits the passage of
and provides for their punishment. retroactive laws which are prejudicial to the accused:

CRIME act committed or omitted in violation of a public law forbidding or commanding 1. Makes a criminal act done before the passage of the law and
it (I Bouviers Law Dictionary) which was innocent when done, and punishes such an act;
2. Aggravates a crime, or makes it greater than it was, when
Sources of Philippine Criminal Law
committed
1. Revised Penal Code (Act. No. 3815) and its amendments 3. Changes the punishment and inflicts greater punishment
2. Special Laws passed by: than the law annexed to the crime when committed;
a. Philippine Commission 4. Alters the legal rules on evidence, and authorizes conviction
b. Philippine Assembly upon less or different testimony than the law required at the
c. Philippine Legislature time of the commission if the offense;
d. National Assembly 5. Assumes to regulate civil rights and remedies only, in effect
e. Congress of the Philippines imposes penalty or deprivation of a right for something
f. Batasang Pambansa which when done was lawful; and
3. Penal Presidential Decrees (during martial law) 6. Deprives a person accused of a crime some lawful protection
to which he has become entitled, such as protection of a
NO COMMON LAW CRIMES IN THE PHILIPPINES former conviction or acquittal or a proclamation of amnesty.

- Unless there be a particular provision in the penal code or special laws that
defines and punishes the act, even if it be socially or morally wrong, NO
CRIMINAL LIABILITY IS INCURRED BY ITS COMMISSION (US V. TAYLOR)
COURT DECISIONS ARE NOT SOURCES OF LAW they merely explain the meaning and
apply the law as enacted by the legislative branch
POWER TO DEFINE AND PUNISH CRIMES State has the authority, under its police
power, to define and punish crimes and to lay down the rules on criminal procedure
LIMITATIONS ON THE POWER OF LAWMAKING BODY TO ENACT PENAL LEGISLATION.
Bill of rights of the 1897 Constitution imposes the following limitations:
A. NO EX POST FACTO LAW OR BILL OF ATTAINDER SHALL BE ENACTED (ART. III, SEC.
22)
EXAMPLE:
Congress passes a law which authorizes the arrest and imprisonment of communists
without the benefit of judicial trial.
Penalty of prison mayor medium, or eight yrs and one day to 10 years, imposed by PD no.
818, applies only to swindling by means of bouncing checks committed on Oct. 22, 1985.
That increased penalty does not apply to estafa committed on Oct. 16, 1974 because it
would make the decree an EX POST FACTO LAW. ITS RETROACTIVE APPLICATION IS
PROHIBITED BY ARTS 21 AND 22 OF THE RPC AND SEC. 2, ART. III, OF THE 1987
CONSTITUTION (PEOPLE V. VILLARAZA)
CONGRESS IS ALSO PROHIBITED FR. PASSING AN ACT WHICH WOULD INFLICT
PUNISHMENT WITHOUT JUDICIAL TRIAL WOULD CONTSTITUTRE BILL OF ATTAINDER

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CRIMINAL LAW BOOK 1 L.B. REYES

BILL OF ATTAINDER legislative act which inflicts punishment without trial judicial SEC. 21 NO PERSON SHALL BE PUT TWICE I JEOPARDY OF PUNISHMENT OF THE SAME
determination of guilt. OFFENSE

B. NO PERSON SHALL BE HELD TO ANSWER FOR A CRIMINAL OFFENSE WITHOUT SEC. 11 FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND ADEQUATE
DUE PROCESS OF LAW (ART. III, SEC. 14 (1)) LEGAL ASSISTANCE SHALL NOT BE DENIED TO ANY PERSON

Criminal laws must be of general application and must clearly define the acts and
omissions punished as crimes.
STATUTORY RIGHTS OF THE ACCUSED
CONSTITUTIONAL RIGHT OF THE ACCUSED:
SEC. 1, RULE 115 OF THE RULES OF COURT PROVIDES THAT IN ALL CRIMINAL
ART. III OF THE 1987 CONSTITUTION PROSECUTIONS, THE ACCUSED SHALL BE ENTITLED:

SEC. 16 - RIGHT TO SPEEDY DISPOSITION OF THEIR CASES ALL JUDICIAL, QUASI-JUDICIAL
AND ADMINISTRATIVE BODIES
SEC. 14 (1) NO PERSON SHALL BE HELD TO ANSWER FOR A CRIMINAL OFFENSE WITHOUT
DUE PROCESS OF LAW.
SEC. 13 ALL PERSONS EXCEPT THOSE CHARGED WITH OFFENSE PUNISHABLE BY
RECLUSION PERPETUA WHEN EVIDENCE OF GUILT IS STRONG, SHALL BEFORE
CONVICTION, BE BAILABLE BY SUFFICIENT SURETIES, OR BE RELEASED ON RECOGNIZANCE
AS MAY BE PROVIDED BY LAW.
THE RIGHT TO BALL SHALL NOT BE IMPAIRED EVEN WHEN THE PRIVILEGE OF HABEAS
CORPUS IS SUSPENDED
SEC. 14 (2)- ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE PRESUMED
INNOCENT UNTIL CONTRARY IS PROVED
1. To be presumed innocent until the contrary is proved.
2. To be present and defend in person and by counsel at every stage of the
proceedings, that is, from the arraignment to the promulgation of the judgment.
3. To be informed of the nature and cause of the accusation against him.
4. To testify as a witness in his own behalf. His neglect or refusal to be a witness
shall not in any manner prejudice or be used against him.
5. To exempt from being a witness against himself
6. To confront and to cross examine the witnesses against him.
7. To have a compulsory process issued to secure the attendance of witness and
production of other evidence in his behalf.
8. To have a speedy and public trial
9. To have the right of appeal in all cases authorized by law.
RIGHTS OF ACCUESED WHICH MAY BE WAIVED AND MAY NOT BE WAIVED
Right which may be waived right to confrontation and cross examination

SEC. 17 NO PERSON SHALL BE COMPELLED TO BE A WITNESS AGAINST HIMSELF
SEC. 12 (3) EXCESSIVE FINES SHALL NOT BE IMPOSED, NOR CRUEL OR DEGRADING OR
INHUMAN PUNISHMENT SHALL BE INFLICTED
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Right which may not be waived to be informed of the nature and cause of accusation
against him.
REASON: The difference between rights may be waived and rights which may be waived is
those rights which may be waived are personal, while those rights which may not be
waived involve public interest, which may be affected.
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CRIMINAL LAW BOOK 1 L.B. REYES

CHARACTERISTICS OF CRIMINAL LAW A court-martial is a court, and the prosecution of an accused before it is a criminal not an
administrative case, and therefore it be under certain conditions, a bar to another
1. GENERAL prosecution of the accused for the same offense, because the latter would place the
2. TERRITORIAL accused in double jeopardy.
3. PROSPECTIVE
OFFENDERS ACCUSED OF WAR CRIMES ARE TRIABLE BY MILITARY COMMISSION.

1. GENERAL binding to all persons who live and sojourn in the Philippine
Territory. (ART. 14 of the NCC)
No foreigner enjoys in this country extra-territorial right to be exempted from its
laws and jurisdiction, WITH THE EXCEPTION OF HEADS OF STATES AND
DIPLOMATIC REPRESENTATIVES WHO, BY VIRTUE OF THE CUSTOMARY LAWS OF
NATIONS, ARE NOT SUBJECT TO THE PHILIPPINE TERRITORIAL JURISDICTION.
War is not ended simply because hostilities have ceased. After cessation of armed
hostilities, incidents of war may remain pending this should be disposed of as in time of
war. A military commission has jurisdiction so long as technical state of war continues.
This includes the period of an armistice, or military occupation, up to the effective date of
a treaty of peace.
EXCEPTIONS TO THE GENERAL APPLICATION OF CRIMINAL LAW
Even if the crime is committed by a person residing our sojourning in the Philippines

ART. 2 OF THE RPC EXCEPT AS PROVIDED IN THE TREATIES AND LAWS OF

AS A GENERAL RULE, JURISDICTION OF THE CIVIL COURTS IS NOT AFFECTED BY
THE MILITARY CHARACTER OF THE ACCUSED.
SEE: US V. SWEET
CIVIL COURTS HAVE JURISDICTION OVER MURDER CASES COMMITTED BY PERSONS
SUBJECT TO MILITARY LAW.
Even times of war, the civil courts have concurrent jurisdiction with the military courts or
general courts-martial over soldiers of the Philippine Army, provided that in the place of
the commission of the crime no hostiles are in the progress and civil courts are
functioning.
THE REVISED PENAL CODE OR OTHER PENAL LAW IS NOT APPLICABLE WHEN THE
MILITARY COURT TAKES COGNIZANCE OF THE CASE.
THE PROSECUTION OF AN ACCUSED BEFORE A COURT MARTIAL IS A BAR TO ANOTHER
PROSECUTION OF THE ACCUSED FOR THE SAME OFFENSE.
PREFERENTIAL APPLICATION
ART. 14 OF THE NCC PROVIDES THAT THE PENAL LAWS AND THOSE OF PUBLIC SECURITY
AND SAFETY SHALL BE OBLIGATORY UPON ALL WHO LIVE AND SOJOURN IN THE
PHILIPPINE TERRITORY, SUBJECT TO THE PRINCIPLES OF PUBLIC INTERNATIONAL LAW
AND TREATY STIPULATION.
AN EXAMPLE OF TREATY STIPULATION:
As an exception to the general application of our criminal law BASE AGREEMENT
ENTERED INTO BY A ND BETWEEN RP AND US ON MAR. 14, 1947 TO EXERCISE
JURISDICTION OVER THE FF. OFFENSES:
a. Offense committed within the base, EXCEPT THE OFFENDER AND
OFFENDED PARTY ARE BOTH FILIPINO CITIZEN OR against the security of
the Philippines

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CRIMINAL LAW BOOK 1
b. Offenses committed outside the bases by any member of the ARMED
FORCES of the US in which the offended party is also a member or the
armed forces of the US
c. Offense committed outside the bases by any member of the armed
forces if the US against security of the US
NOTE: Military based agreement expired on Sept. 16, 1991.
EXAMPLE OF PREFERENTIAL APPLICATION.
REP. ACT. 75 MAY BE CONSIDERED A LAW OF PREFERENTIAL APPLICATION IN FAVOR OF
DIPLOMATIC REP. AND THEIR DOMESTIC SERVANTS.
PERSONS EXEMPT FROM THE OPERATION OF OUR CRIMINAL LAWS BY VIRTUE OF THE
PRINCIPLES OF PUBLIC INTERNATIONAL LAW.
The ff. are not subject to the operation of our criminal laws:
1) Sovereigns and other chief of state
2) Ambassadors, ministers plenipotentiary, minister resident and charges daffaires
Well established principle of International law that diplomatic reps, ambassadors or public
ministers and their official retinue, possess immunity from our criminal jurisdiction of the
country of their sojourn and cannot be sued, arrested or punished by law of the country.
A CONSUL IS NOT ENTITLED TO THE PRIVILEGES AND IMMUNITIES OF AN AMBASSADOR
OR MINISTER.
BUT is subject to the laws and regulations of the country to which he is accredited.
2. TERRITORIAL to punish crimes committed within the Philippine territory.
PRINCIPLE OF TERRITORIALITY means that as rule, penal laws of the Philippines
are enforceable only within its territory.
EXTENT OF THE PHILIPPINE TERRITORY FOR PURPOSES OF CRIMINAL LAW.
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L.B. REYES
ART. 2 OF THE RPC PROVIDES THAT THE PROVISIONS OF SAID CODE SHALL BE
ENFORCED WITHIN THE PHILIPPINE ARCHIPELAGO, INCLUDING ITS ATMOSPHERE, ITS
INTERIOR WATERS AND MARITIME ZONE.
ART. I OF THE 1987 CONSTITUTION PROVIDES THAT THE NATIONAL TERRITORY
COMPRISES THE PHILIPPINE ARCHIPELAGO, WITH ALL THE ISLANDS AND WATERS
EMBRACED THERIN, AND OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
SOVEREIGNTY OR JURISDICTION, CONSISTING OF ITS TERRESTRIAL, FLUVIAL, AND
AERIAL DOMAINS, INCLUDING ITS TERRITORIAL SEA, THE SEABED, THE SUBOIL, THE
INSULAR SHELVES, AND OTHER SUBMARINE AREAS. THE WATERS AROUND, BETWEEN,
AND CONNECTING THE ISLANDS OF THE ARCHIPELAGO, REGARDLESS OF THEIR
BREADTH AND DIMENSIONS, FORM PART OF THE INTERNAL WATERS OF THE
PHILIPPINES.
EXCEPTIONS TO THE TERRITORIAL APPLICATION OF CRIMINAL LAW: SEE ART. 2
3. PROSPECTIVE penal law cannot make an act punishable in a manner in
which it was not punishable when committed.
Art. 366 of the RPC crimes are punished under the laws in force at the time of
their commission.
EXCEPTION TO THE PROSPECTIVE APPLICATION OF CRIMINAL LAWS
Whenever a new statute dealing with crime establishes conditions more lenient
or favourable to the accused, it can be given a retroactive effect.
BUT THIS APPLICATION HAS NO APPLICATION:
A) Where the new law is expressly made inapplicable to pending actions or
existing causes of action
B) Where the offender is a habitual criminal under Rule 5, Art. 62 of the RPC
(ART. 22, RPC)
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DIFFERENT EFFECTS OF REPEAL OF PENAL LAW
1) 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 law is
made not applicable to pending action or existing cause of action
2) If the new law imposes a heavier penalty, the law in force at the time of the
commission of the offense shall be applied.
3) 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.
WHEN THE REPEAL IS ABSOLUTE THE OFFENSE CEASES TO BE CRIMINAL.
WHEN THE NEW LAW AND THE OLD LAW PENALIZE THE SAME OFFENSE, THE OFFENDER
CAN BE TRIED UNDER THE OLD LAW.
US V. CUNA
FACTS: The accused was charged with selling opium in violation of Act. No. 1461 during
the pendency of the case Act. 1761 took effect repealing the former law, but Act. 1461
and Act no. 1761 penalize offenses against opium laws.
RULING: Where an act of the legislature which penalized an offense repeals former act
which penalized the same offense, such repeal does not have the effect of thereafter
depriving the courts of jurisdiction to try, convict and sentence offenders charged with
violations of the old law prior to its repeal.
THE PENALTY PRESCRIBED BY ACT. NO. 1761 IS NOT MORE FAVORABLE TO THE ACCUSED
THAN THAT PRESCRIBED IN ACT. NO. 1461, THE PENALTY IN BOTH ACTS BEING THE SAME.
WHEN THE REPEALING LAW FAILS TO PENALIZE THE OFFENSE UNDER THE OLD LAW, THE
ACCUSED CANNOT BE CONVICTED UNDER THE NEW LAW.
A PERSON ERRONEOUSLY ACCUSED AND CONVICTED UNDER THE REPEALED STATUTE
MAY BE PUNISHED UNDER THE REPEALING STATUTE.
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L.B. REYES
A NEW LAW WHICH OMITS ANYTHING CONTAINED IN THE OLD LAW DEALING ON THE
SAME SUBJECT, OPERATES AS A REPEAL OF ANYTHING NOT SO INCLUDED IN THE
AMENDATORY ACT.
SELF-REPEALING LAW.
RA NO. 650 Expired by its own limitation on June 30, 1953, the forfeiture therein provided
could no longer be subsequently enforced. As correctly stated by the under sec. of justice
the jurisdiction of the commissioner of customs to proceed with the forfeiture of goods
and commodities imported in violation of the import control law was lost and that all
proceedings of forfeiture, as well as criminal actions pending on June 30, 1953, abated
with the expiration of RA no. 650.
The falsification or misrepresentation allegedly committed on the import license could no
longer be a basis for the penalty of the forfeiture at the time of the release of goods.
Where an act expires by its own limitation, the effect is the same as though it had been
repealed at the time of its expiration; and it is a recognized rule in the jurisdiction that the
repeal of a law carries with it the deprivation of the courts of its jurisdiction to try, convict
and sentence persons charged with violation of the old law prior to the repeal.
CONSTRUCTION OF REPEAL LAWS.
1. Penal laws are strictly construed against the government and liberally in favour
of the accused.
a. May invoke only is ambiguous and there is doubt as to its interpretation.
2. In the construction or interpretation of the provisions of the REVISED PENAL
CODE, the Spanish text is controlling, because it was approved by the Philippine
Legislature in its Spanish text.
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CRIMINAL LAW BOOK 1 L.B. REYES

ARTICLE 1 -
CHARACTERISTICS OF POSITIVIST THEORY
THE REVISED PENAL CODE
1. Man is subdued occasionally by a strange and morbid phenomenon which
(ACT NO. 3815, AS AMENDED) constrains him to do wrong, in spite of or contrary to his volition
2. Crime is essentially a social and natural phenomenon it cannot be treated and
An act revising the Penal Code and other Penal Laws checked by the application of abstract principles of law and jurisprudence nor by
the imposition of a punishment, fixed and determined a priori..
- The committee merely revised the code did not take codification
ARTICLE 2. Application of its provisions Except as provided in
- Was approved on Dec. 8, 1930 and took effect of Jan. 1, 1932
- Consist of 2 books: book 1 and book 2
the treaties and laws of preferential application, the provisions
o BOOK 1 Consist of 2 parts a) basic principles affecting criminal liability of this code shall be enforced not only within the Philippine
(ARTS. 1-20), and b) the provisions on penalties including criminal and Archipelago, including its atmosphere, its interior waters and
civil liability (Arts. 21-113)
maritime zone, but also outside of its jurisdiction, against
o BOOK 2 defined felonies with the corresponding penalties, classified
and grouped under fourteen different titles (Arts. 114-365) those who:
THE RPC IS BASED MAINLY ON PRINCIPLES OF THE CLASSICAL SCHOOL 1. Should commit an offense while on a Philippine ship or
TWO THEORIES IN CRIMINAL LAW airship;
1. CLASSICAL THEORY
2. Should forge or counterfeit any coin or currency note of
2. POSITIVIST THEORY the Philippine Islands or obligations and securities issued
CHARACTERISTICS OF CLASSICAL THEORY by the Government of Philippine Island;
3. Should be liable for acts connected with the introduction
1. BASIS OF CRIMINAL LIABILITY: HUMAN FREE WILL AND PURPOSE OF THE
PENALTY IS RETRIBUTION into these Islands of the obligations and securities
2. Man is essentially a moral creature and with an absolutely free will to choose mentioned in the preceding number;
bet good and evil
3. It has endeavoured to establish a mechanical and direct proportion bet crime
4. While being public officers or employees, should commit
and penalty an offense in the exercise of their functions; or
4. There is a scant regard to the human element

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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.
SCOPE OF THE APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE.
- Provisions of the RPC shall be enforced not only within the Philippine
Archipelago, but also outside of its jurisdiction in certain cases.
- Acts committed in the air, at sea, and even in a foreign country when such acts
affect the political or economic life of the nation.
IN WHAT CASES ARE THE PROVISIONS OF THE RPC APPLICABLE EVEN IF THE FELONY IS
COMMITTED OUTSIDE OF THE PHILIPPINES?
APPLICABLE IN THE FF. CASES:
1. Offender should commit an offense while on a Philippine ship or airship
a. The Philippine vessel, although beyond 3 miles from the seashore, is
considered part of the national territory
Thus, any person who committed a crime on board a Philippine ship or airship while the
same is outside of the Philippine territory can be tried before our civil courts for violation
of the Penal Code.
But when the Philippine vessel or aircraft is in the territory of a foreign country, the crime
committed on said vessel or aircraft is subject to the laws of the foreign country.
A Philippine vessel or aircraft must be understood as that which is registered in the
Philippine Bureau of Customs.
It is the registration of the vessel or aircraft in accordance with laws of the Philippines, not
the citizenship of its owner, which makes it Philippine vessel or aircraft. A Philippine vessel
or aircraft which is unregistered or unlicensed does not come within the purview of no. 1
of Art. 2.
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L.B. REYES
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of Philippine Island
May be prosecuted before our courts for violation of Art. 163 or Art. 166 of the
RPC
3. Should be liable for acts connected with the introduction into these Islands of the
obligations and securities mentioned in the preceding number;
Reason: introduction into these Islands of the obligations and securities is as
dangerous as the forging or counterfeiting of the same, to the economical
interest of the country.
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
Direct bribery (Art. 210) indirect bribery (Art. 211), frauds against the public treasury
(Art. 213) possession of prohibited interest (Art. 216), malversation of public funds or
property (Art. 217) crimes that may be committed in the exercise of public
function
When any of these felonies is committed abroad by any of the public official while in
the exercise of his functions, he can be prosecuted here.
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.
Crime against the national security and the law of nations are:
a. Treason Art. 114
b. Conspiracy and Proposal to commit treason Art. 115
c. Espionage Art. 117
d. Inciting to war and giving motives to reprisals Art. 118
e. Violation of neutrality Art. 119
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CRIMINAL LAW BOOK 1 L.B. REYES

f. Correspondence with hostile country Art. 120 CONTITNUING OFFENSE ON BOARD OF A FOREIGN VESSEL
g. Flight to enemys country Art. 121
h. Piracy and Mutiny on the high seas Art. 122 SEE. PEOPLE V. BULL

CRIMES PUNISHABLE IN THE PHILIPPINES UNDER ART. 2 IS COGNIZABLE BY THE RTC IN OFFENSE COMMITTED ON BOARD A FOREIGN MECHANT VESSEL WHILE ON PHILPPINE
WHICH THE CHARGE IS FILED. WATERS IS TRIABLE BEFORE OUR COURT.

RTC ORIGINAL JURISDICTION
IMPORTANT WORDS AND PHRASES IN ART. 2
1. Except as provided in the treaties and laws of preferential application
As GR, PROVISION OF RPC SHALLE BE ENFORCED AGAINST ANY PERSON
EXCEPTIONS MAY BE PROVIDED BY TREATIES AND LAWS OF PREFERENTIAL
APPLICATIONZ
2. ITS ATMOSPHERE extend to all airspace which covers its territory subject to
right of way and easement in favour of foreign aircraft
3. INTERIOR WATERS includes creeks, rivers, lakes and bays, gulfs, straits, coves
inlets and roadsteads lying wholly within 3 mile
Since the Philippine territory extends to the 3 miles from the headlands, when a
foreign vessel enters this 3 mile limt, the ships officers and crew become subject
to the jurisdiction of our court. The space within 3 miles of a line drawn from the
headlands which embrace to Manila Bay is within territorial waters. (US v. Bull)
RULES AS TO JURISDICTION OVER CRIMES COMMITTED ABROAD FOREIGN MECHANT
VESSELS
FRENCH RULE SUCH CRIMES ARE NOT TRIABLE IN THE COURTS OF THAT COUNTRY,
UNLESS THEIR COMMSSION AFFECTS THE PEACE AND SECURITY OF THE TERRITORY OR
THE SAFETY OF THE STATE IS ENDANGERED.
ENGLISH RULE SUCH CRIMES ARE TRIABLE IN THAT COUNTRY, UNLESS THEY MERELY
AFFECT THINGS WITHIN THE VESSEL OR THEY REFER TO THE INTERNAL MAGEMENT
THEREOF.

4. MARITIME ZONE

CRIMES COMMITTED ON BOARD FOREIGN MERCHANT SHIP OF AIRSHIP

Just as our merchant ship is an extension of our territory, foreign merchant is considered
an extension of the territory of the country to which it belongs. For this reason, offense
committed on the high seas on board a foreign merchant vessel is not triable by our
courts.

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