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Q: How will you define *A*Revised

a Penal Code
crime?
committee wasThe ?*Special
formed
CRIMINAL
Penal Laws enacted or
Statepursuant to Administrative
PROCEDURE - body
passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National
Order
of
*the No.Batasang
rules
RPC 94contains
that byenforces
the Department
provisions
or of Justice.
regulates
of the *The committee
criminal
Spanish law,
penal was
provides
code,formed
for
US on Oct
the
Penalsteps18, in
Code
*what
Congress
No.
Because
during
There
Assembly,
1827 *The particular
of (Legislative)
its
Theories
Martial Law
are
committee
police limitations.
Pambansa,
was act
lawtheconstitutes
Congress
composed
power.
in Criminal
(only because The
of theItatshould
ofright
PresidentAnacleto
to
that
the
Philippines
Diaz
time
not
*Penalcrime
(head);
prosecute
had
violate
Quintin
and *what
Presidential the
Decrees
Paredes;
punish
legislative power,
are
issued
crimes
but Alexis
generally,
the
and prosecution
SC decisions and/or
of Joya
the isPhilippines
conviction of
before
an accused.
theoncreation of the RPC
the
constitution
Reyes
the
vested elements
The
and
in Spanish
Classical
Mariano
Executive branch
the – of
cannot
sovereign
arises from knowledge
the
objective
De Penal
issue EOacts
RETRIBUTION
power, or PP Code
that
which / emphasis
are
is penal
the in the crime/liability
nature)
Filipino *Spanish
people. Penal Code
*US Penal Code (we copied the ff crimes from the US Penal Code: estafa, malversation, etc)
Positivist – objective is REFORMATION/emp on the criminal/believes that
crime is a social phenomenon 1. Criminal aspect – seeks the
Mixed or Eclectic- combination imposition of penalty
of 1 and 2/ applies Classical provided
Theory for by
Heinous Crimes/ applies positivist
lawfor economic and social crimes

2. Civil aspect – for the interest of


the offended party
-indemnity/damages/ restitution
of things/ reparation/
indemnification of the damages
Compromise
agreements – affidavit
of desistance (has to be
signed by the
prosecution)
Decision: The procedure in criminal matters is not In the Philippines, there exist no crimes called “common
incorporated in the constitution but is left in the hands of there exist no crimes called
The defendant,
law crimes” being thea crime
No act constitutes acting editor
here unless it is
the legislature so that it falls within the real of public made so by law. Libel is made a crime hereandby Act 277 of
statutory law. The state has the authority, under its police
and proprietor,
“common law crimes” No act manager, printer
the US Philippine Commission. However, in order to prove
power, to define and punish crimes and to lay down the publisher of Manila Bulletin was it must be
rules of criminal procedure. States, as a part of their police constitutes a crime here unless it is
W/N thedefendant
that the
accused
defendant
proven thatofhecommitting
is guilty
is Guilty of libel.
of the crime,
is the ‘auditor, libel
editor,against a of the
or proprietor’
power, have a large measure of discretion in creating and
defining criminal offenses.
made so by law
member
said of the
newspaper. Philippine
There bar.of this because
was no proof
evidence shows that he is merely the manager. Petition
was dismissed.

The
Thepolice
managerpower ofisLa
theFlor
power vestedain the
granted
POLICE POWER - vested in the legislature - Facts:
The Andres
right Pablo, a and punishment
of prosecution
no person shall be TheGustillo
prosecution
W/N
was already
violatedconvicted
Gustillo the
may
legislature
maternityofleave the state to make, but
to Macaria ordain, and
refused The right of
policeman,
for a crime isreported
one of that he saw
the attributes of a crime
thatPhilippines for
Bill illegal
and Act possession
No. 89
topay
to make,
establish
Php ordain,
all manner
80.00 to andthe
of wholesome
which establish
and -reasonable byRodrigo
a naturalandlaw
Malicsi
twice put in jeopardy
in theto the sovereign of firearms.
belongs be prosecuted
However, for
another
reasonable laws, statutes, and ordinances, prosecution and
jueteng arena and then testified
power instinctively charged by the
which embody the principle that
laws,
employee statutes,
either with is entitled
penalties and
or ordinances-
as her
without, which are not w/ or w/o
regular
for the same offense
on the contrary during the trial. the
information
no person shallsecond
was filedtime
be twice in for
against
put
wage as
penalties
repugnant stated
-not
to the in Sec. 13
repugnant
constitution of
as they3071.
Act
to D constitution
shall
commonpunishment for a
will of the members of society
He was charged with perjury and him for the
the same
same crime
offense for
sameviolation. but
to look after, guard and defend the jeopardy for the
judge to be for the good and welfare of the convicted under Act. 1697 which
crime belongs to the
interests
a different
because ammunition
this rule covers as whichnearly
=as they shall
commonwealth, and judge to beof for
of the subjects the the good and was said of to the
havecommunity
repealed as well as he already possessed at the
rights of 318
eachandindividual.
324 of theImposing as possible every single criminal
welfare
state sovereign power
articles
punishments
code.
penal
should be the last resort:act same born of time and same
a single criminalplace the
intent
our laws do not merely provide for
It:isBefore even first information
though more was
than filed
one crime
retributionW/N the
but it also court
not a jurisdictional
provides is
defectanandapplication
one which
for laws against him. for the
deprives writ
the of
trial habeas
court of its
The defendants wereis already
convicted for violation ofinOrdinance corpus. to the
try, court
Offenses committed in the Philippines are
authority convict,
Petitioners and pass
were sentence, that
is committed
charged of a criminal
by said
visiting action
act. wherein
a house is brought
the fact
It is admitted that an act394
that jueteng is already prohibited and
prohibited and penalized ofNo.
article 195that are
the 394,
in
Revisedfavor of
Penal the
Code. offender.
But the fact that an act is already prohibited and penalized by
W/N Ordinance the name of the city of Manila instead of the United States. That
has
crimes
opium jurisdiction
was against the people of the
fact constitutes
awhich
generalprohibits
law does notthe playing
preclude of jueteng.
the enactment The court
of a municipal ordered
ordinance for athe
covering the same
mere orsmoked.
matter.
defect The rule
error isThey
well
curable now
atsettled
any claimed
that
stage thethe
of that
same act
action theconstitute
may
does court erred
not deprivean thein
penalized
conflicts
dismissal ofwith
offense against by
both a general
thetheonlaw.
state and law
a does
political not preclude
subdivision thereof and the
both jurisdictions may
their punish
decision the act, without.
because infringing
it does
a validnotany constitutional
haveand principle.
jurisdiction overAs athe
general rule,
the case
additional
the ground that said ordinance is nullcourt
regulation to that of the state law does not constitute a
andto
conflict
try
void
of
Philippines the
the power
therewith. The
case.
to pronounce
fact that an ordinance
judgment
enlarges upon
impose a valid
the provisions
sentence.
of a
enactment
for it conflicts ofwith
a municipal
Art 195 of ordinance
the RPC, covering
which provides thefor Offenses
lesser case. committed in the Philippines are crimes against the people of the
statute by requiring more than the statute requires creates no conflict therewith, Philippines.
unless the statute limits the requirement for all cases to its own prescription. Both
same
penalties
the matter
ordinance than theprohibit
and RPC ordinance
and penalize the same act and the distinction in penalties is necessary because of the peculiar conditions of the locality.
(December 8, 1930)
• Facts: Vicente Sotto is the director, editor, publisher and printer of
a weekly paper. On May 1915, he edited the paper with the
intention of attacking them reputation of Lope K. Santos and two
other principals of a labor group. He was found guilty of libel.
Issue: W/N Sotto was guilty
Issue:Penalties
Decision: Yes. W/N the penalty forto
are used Carillo
deter was justified
people from doing
the same crime. A deterrent effect upon others is
The
oneaccused is a dangerous
of the purposes enemy
of the of the society
infliction thus, imposition
of a penalty for the of the
highest penalty if justified. Carillo has proved himself to be a dangerous
violation of the criminal law (Exemplarity).
enemy of society. The latter must protect itself from such enemy by
taking his life in retribution for his offense and as an example and
warning to others. In these days of rampant criminality it should have a
salutary effect upon the criminally minded to know that the courts do
not shirk their disagreeable duty to impose the death penalty in cases
where the law so requires.
• Facts: Jimmy Young is a hired killer who committed a crime of murder under Art
248 of the RPC. He refused to plea guilty because according to him, his guilt is
lighter than those who ordered the killing of Alfonso Liongto. He was sentenced
with death penalty in accordance with Art 248 in relation to Art 64 of the RPC.
However, RA 296, which was approved 17 June 1948, provides that for a penalty of
death is imposed, all justices of the Supreme Court must first concur. Said law is
procedural thus can be applied to cases pending at the time of its approval.
Issue: W/N Young should be charged with the crime of murder
Decision: One of the justices dissented, thus death penalty was not
imposed. The killing in question was attended by evident premeditation
which qualified the crime as murder: (a) it was committed in
consideration of a price reward or promise and (b) with treachery. This
case also provides the notion of aggravating circumstances (acts that
would provide for higher penalties – art 14) and mitigating
circumstances (provides for lighter penalties – art 13). Death penalty
was imposed to rationalize the concept of Exemplarity: making a
person example to serve as a deterrent)
•Issue:
People W/N vs.the Revilla People vs. Issue: W/N the charge against Revilla is
Galano
proportionate to the act he committed.
• Facts: The accused was charged for the
penalty if too
crime of infidelity in the custody Facts:
of the Galano
Decision: was accused
No. His action thenof
was due to a
prisoners. Nicasio Junio, the prisoner, was mistaken conception of his duty, hence it is
only sentenced to suffer six daysfalsification
harsh of one peso bill, which he
of arresto obvious that the penalty imposed against him is
menor only, a penalty that may be served
usedof to purchase
in the house of the offender because four eggs.
notoriously excessive Heofwas
to the extent being
the condition of his health. The found guilty cruel for being out of proportion with the crime
municipality also could not feed him and was sentenced to
committed. The penalty was not proportionate
Nicasio for lack
Decisions: of appropriation,
The punishment Revilla isintermediate
suffer too
to the harsh and
evil to be penalty
it may
curbed. ranging
not the
Retribution,
then believed that this act in permitting
penalty should be commensurate with the
actually
Nicasio toserve
sleep in the purpose
his own from
house wasof10the yearslegislator.
and 1 day to 12 years
gravity of the offense.
Thenot grave
Imprisonment
penalty imposed may
in nature,
upon change
being
the and
at
accused for10
most an
a months.
individual
infidelity ThebutofSolicitor
in the custody ita prisoner
can also General
sentenced to
mere relaxation of the rules prescribed for
onlythe
six care
daysand
of arresto
custodymenor beingbelieves that
excessive, such factthe
should be brought to is
punishment thetoo
expose the person to hardened
attention
223 for hisofactions.
of municipal
prisoners. Revilla was charged under Art
His Excellency,harsh.
the President of the Philippines for him to decide whether
or not it would be convenient to recommend to the national assembly the amendment of art
criminal
223 of RPC (conniving.with or consenting
Thus, to evasion) soshould
punishments as to makebe it more in consonance with
applied
the amplitude of the matters that a court must consider in meting out punishment to whoever
with
may havecare. A copyf infringing
the misfortune of the thedecision was sent
precept regarding tointhe
infidelity the custody of prisoners
or detained prisoners.
president for the exercise of executive clemency.
An eye for an eye, a tooth
for a tooth.” – Oculo pro
oculo, dente pro dente

Man is a moral creature with absolute free will to choose between good and evil, thereby
placing more stress upon the effect or result of felonious act than upon the man.
Endeavored to establish a mechanical and direct proportion between crime and penalty
Crime is a social and natural phenomenon

Rehabilitation by means of individual measures on case to case basis.


: No. A penalty Facts:
imposed defor
Guzman
breachwho
of aismunicipal
a civil service eligibledoes
regulation for passing the civil
not necessarily
A violation of aoffense.
servicemunicipal
exam was ordinance
disqualified fromtoanyqualify as toa qualify
appointment crime
for having violated
A crime Ais crime
constitute a an
criminal act is
committed
anA act committed
violation of or
a omitted
municipal or omitted
in
ordinance violationin as aof
crime
must
must involve
involve a least a
the least degree
Jaywalking
a certain a certain
laws and of evildegree
ordinance of evil
concerning
doing, immoral doing
cocheros,
conduct, which according
corruption,
public violation
laws.
malice or want ofreasonably
Ordinances
oftoprinciples
the lower public
court are laws.
constitutesnot
related public
atocrime
the Criminal
laws.of the public office.
requirements
A crime is an act committed or omitted in violation of public laws. Ordinances are not
acts, in its commission, have some immoral intention.
public laws. Criminal acts, in its commission, have some immoral intention.

Facts: Petitioner refused to pay the new rates of the stall she
was holding stating that the increased rate was excessive. The
Issue: W/N the petitioner can be prosecuted
increase criminally
is based on of her non-payment
the provisions of a municipalofordinance.
the rental.
The petitioner was criminally convicted by the trial court for not
paying the surcharge.
Decision: No. The surcharge for non-payment if not a penalty under criminal law but
only an amount added to the usual charge. It is more of an administrative
It which
penalty, is more
canofbean administrative
recovered penalty,
only by civil action.which
can be recovered only by civil action.
History of the Revised Penal Law

Codification Movement -- sought to have all laws codified or written in a


single body of aw.

Spanish Codigo Penal

The royal order dated December 17, 1886, directing the execution of the royal
decree of September 4, 1884, wherein it was ordered that the Penal Code in
force in the Peninsula, as amended in accordance with the recommendations
of the code committee, be published and applied in the Philippine Islands, as
well as the Provisional Law of Criminal Procedure which accompanied it. These
two laws, having been published in the Official Gazette of Manila on March 13
and 14, 1887, became effective in July 14, 1876. (US. vs. Tamparong)

Codigo Penal ng Pilipinas – modified the Spanish Penal Code.

US Period – they tried to translate the Penal code but certain areas were
defectively translated
CRIM LAW CRIM PROCEDURE

Substantive Remedial

Prospective (unless art22. Retrospective/ retroactive


favorable to accused[who is
not a habitual delinquent art
63 p 5])
Comes from Legislative (never Can be promulgated by the
executive and judiciary) judiciary
Characteristics
Unless
Only crimes committed with the PH may be prosecuted favorable
Crime is against the SAD of the Ph territory to the
accused
who is not
a habitual
delinquent

Non retroactivity: lex prospicit non respicit


s
Crime -- Whether the wrongdoing is
punished under the Revised Penal
Code or under a special law, the
generic word crime can be used.
• Issue: W/N Art. 3606 of a tax law is a penal law
thus can be applied retroactively in conformity
with the provisions of Art. 22 of RPC.
Decision: A statute is penal when it imposes punishment for an
offense committed against the state. “Penal Statutes” are
statutes, which command or prohibit certain acts and establish
penalties for their violation, and even those, which, without
expressly prohibiting certain acts, impose a penalty on their
commission.
Note: Non-payment of taxes is merely a civil
liability/indemnity. The tax code as it exists today which
carries punishments may be considered penal provisions.
Decision: The court found the crime to have prescribed (in accordance with the
new law) and set aside the decision. The Election law contained in the Administrative
Code and Act 3030 which amended and modified the former, it is evident that the
provision declaring that offenses resulting from the violations of said Act shall
prescribe one year after their commission must have retroactive effect, the
same being favorable to the accused. An exception- to give them retroactive effect
when favorable to accused. The exception applies to a law dealing with prescription of
crime: Art 22 applies to a law dealing with prescription of an offense which is
intimately connected with that of the penalty, for the length of time for prescription
depends upon the gravity of the offense. Penal laws not only provide for penalties
but also prescriptions.
Mala in Se Mala Prohibita
Test to determine if violation of specialMalalawin Seis malum prohibitum Mala or malumProhibita
in se
Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such?
If you remove the law, will the act still be wrong?
If the wording of the law punishing the crime
GF a valid usesunless
defense, the word “willfully”, then malice must be
proven. Where Themalice
principal,factor,
accomplice &
the crimeisisathe resultgood faith is a defense.
of culpa
Accessory.
In violation of special law, the act Penalty
constituting the is
crime is a prohibited act. Therefore culpa is
computed on the basis of punishes Criminal intent is immaterial,
not a basis of liability, unless the special law anthe
In omission.
absence
whether he is a principal BUT still Requiresofintelligence
contrary
offender provision in B.P. Blg. 22,
& Voluntariness
When given a problem, take note if theorcrime
merely
is aanviolation of thetheRevised
general Penal Code orofa
provisions
accomplice
Degree ofspecial or Accessory
accomplishment
law.
is taken into account for the the RPC which, by their
Hi baba. Criminal
nature, intent
are is immaterial,
necessarily
punishment. BUT still Requires intelligence
applicable, may be applied
They&are Voluntariness
suppletorily. not[ taken into
RPC account
When there is more than one Degree of participation Nope is
offender, the degree of generally
participation of each in the All who participated
commission is taken into in the act are punished to the
account. same extent.
Note that consuls are not diplomatic officers. This includes consul-general,
vice-consul or any consul Examples:
in aExamples:
foreign
Art. 2,country,
RPC who are
embraces twotherefore,
scopes ofnot immune
(a) of the penal law of are
to the operation or application entered
the not liable
countryintowhere
byforthe
libel
theyor
slander applications:
Philippines
for any penal
speechand in
theCongress
UStheoncountry
Mar.
or in14,any1947 theyand
areTerritoriality
assigned. Consuls are
means that subject to the
the( expired
penal laws of laws
the of
– country
refers tohave where
force and
areAll
assigned What
committee Determines
thereof.
on Sept.
( Jurisdiction
16, 1991. inthe
a application
bodies
effect ofwithin
only water comprising
its territory. ofthe maritime
It cannot
the RPC zone
penalize
within theand
crimesinterior
Philippine waters
committed
territory
Criminal
Constitution) Case?
abounding
outside thedifferent
same. Thisislands
is Any
subject
(land,to aircertain exceptions
(b) 1.
( Place where andthe
penalizes water).
acts
crime wasbrought
which would
committed;
of s about
impair
any
an by
the
foreign
comprising
Certain theagreements
exceptions
international Philippine Archipelago
to the territorial
and areThe
application
practice. part of refers
the Philippine
criminal
territory oftothethe territory
country
applicationis not
proper
State,2. observance
The
agreement nature
authorized of
between
and by
the the
received
theRepublic
crime Philippine
as suchand
committed; by inhabitants
and and
theUS
regardless
laws
limited to of
are also
thetheir
outlined underitsArt.
land where 2 ofRevised
sovereignty
of the the RPC. resides
Penal but
Code includes
outside also
the its of
of the
3.
President, Philippines
The
Governmentperson
or any of the immunities,
committing
regarding
domestic the
or the crime.
domestic
treatment rights,
servant
of and
US
breadth,
maritimedepth, width or
and interior dimension.
waters asambassador
well
Philippine as its atmosphere
privileges
any Armed
(a) Ifsuch
the of
crimeduly
Forces isterritory
accredited
visiting theforeign
or minister
punishable Philippines.
under diplomatic
arePhilippine
exempt It wasfrom
laws
representatives
arrest
butsigned
notand USinlaws
imprisonment
on Feb.
under the 1998.
10, Philippines
thenandPhilippines
whose properties has
: Acts or omissions will only behave
Penal laws shall subject to
are exempt
exclusive
a retroactive from
(1) The distraint,
jurisdiction.
effect, new law seizure
is expressly
and made
a penal law if they are committed AFTER a penal law
attachment.
(b) If the crime inapplicable
is punishable to under US laws but not
has taken effect.insofar as they favor the person
under
guilty pending
of aPhilippine
felony. laws actions
then US or has
existing cause of
exclusive
22, RPC] actions; or
jurisdiction.
[Art.
(c) If the crime (2) The offender isunder
is punishable a habitual
the UScriminal.
and
Philippine laws [Art.then22, there is concurrent
jurisdiction RPC] but the Philippines has the right to
primary jurisdiction.
(d) If the crime is committed by a US personnel
against the security and property of the US
alone then US has exclusive jurisdiction.
criminal law is binding on all persons who live or sojourn
in Philippine territory (art 14, New Civil Code).

No. No foreigner enjoys in : Sweet was an


An assault employee
committed byofa the US Army
military in theupon a
employee
Philippines.
of warHe
is aassaulted
violation aofprisoner of war for which
this country extra-territorial prisonerhe was charged with the crime
the general
of physical
penal law,
injuries.
and as such it imposes criminal responsibility.
right to be exempted
W/N Galagcac enjoys from Sweet interposed
Jurisdiction thetribunals
of the civil defenseisthat the fact by
unaffected that he
the
its laws and jurisdiction,
extra-territoriality rights was anoremployee
military of the
other special US military
character authorities
of the person brought
As
withaexception
general rule, the ofPersonsbefore
of heads deprived
themthe
forcourt if the jurisdiction
trial, unless controlled toby try and punish
express
subject to Military Law (Art. 2 of the Commonwealth
him.
legislation to the contrary.
jurisdiction
states and of the
diplomaticcivil Act No. 408, articles of war) are not immune from suit but are
representatives who, by covered by the articles of war
courts
virtue ofiscustomary
not affected by
law of treaties and laws of preferential
application
the military
nations, are character
not subject
the Philippine territorial
of
to
By virtue of principles of Pubic
the accused
jurisdiction. international law
Exemptions to the Principle of Generality
• Persons subject to Military Law As provided in the treaties and laws of preferential
(Art. 2 of the Commonwealth Act application.
No. 408, articles of war) are not
Absolute
immune fromExemptions
covered by and
suit but are
the articles
EXAMPLES:
EXEMPT
1. Bases agreements between US and Philippines and
Sovereigns otherof war. RP-US Visiting Forces Accord.
– Officers, members of nurse corps
chiefsand
of soldiers
state,belonging to the 2. RA No. 75 – law of preferential application in favor
regular forces of the Philippine of diplomatic representatives. It extends the
Ambassadors,
Army ministers diplomatic privilege to the members of the household

plenipotentiary, ministers
All reservist from the date of
the/or call to active duty and while and domestic servants that were registered with the
resident,
on suchand charges
active duty DFA
– All trainees
d’affaires, undergoing military
ambassadors 3. The constitution is a law of preferential
duty operation
extraordinary (Vienna
– All persons lawfully called/drafted
– Cades. Flying cadets and By virtue of principles of Pubic international law – these
Convention on Diplomatic
probationary third lieutenants people possess immunity from the criminal jurisdiction
Relations andtoProtocol)
– Retainers the camp of the country of their sojourn and cannot be sued,
– All persons under sentence
adjudged by courts martial arrested or punished by the law of that country:
Petitioners is a honorary consul of Uruguay in manila charged with
falsification of private documents. He objected on the jurisdiction
of the Courts of First Instance on the ground that under the
Philippine an US constitution, lower courts have no jurisdiction to
try him

Yes. It is a recognized principle of international


corporation is immune from suit but law and Respondent
undera our judge
systemissued a search
of separation of
The rule is that where a statute creates a right and provides
it may,
Enrile
remedy
and byVillegas
for writ
its of prohibition,
filed
enforcement,
a suit againstseek powers
the remedy is exclusive; warrant
andthat foritthe search
diplomatic
where immunityandisseizure of a
essentially
Time Inc for an article regarding
relief
confersagainst
jurisdictiontheupon a particular court, thatpolitical
wrongful thequestion
jurisdiction is and
personal courtsofshould
effects refuse to
the petitioner,
corruption in Asia where the two were look beyond
anthe a determination
official of the WHO.byDespite
the executive
assumption
likewise W/Nof
exclusive, the
unless case
jurisdiction.
otherwise
featured. RA 4363 provides that public will
And a
provided. Hence,
branch
venue
ofmandatory
the government, and where the plea of
provisions
foreign of Republic
corporation Act No. 4363 should be deemedintervention of the Solicitor General
file their seeking a writ
the of diplomatic immunity is recognized and affirmed
for the partyprosper
bringing theand action,W/N
officials should petitions in
unless the question of venue
and the DFA that Mr. Verstuyft is
prohibition
place where they against further
are rendering their by the executive branch of government as, in the
should be waived
service.
maintenance corporations
Villegas
by
filed
of a
the
his petition
suit, on may
defendant which
in Rizal
the
was not
case
the
at
case
covered
bar, it
here.
with
is then
Adiplomatic
the duty of immunity,
the courts to
corporation is immune from suit but it may, by writ of theprohibition,
judge refused to withdraw the
ground be
and not in Manila.
seek reliefofagainst
want sued
of wrongful
the jurisdiction, accept the
is notof jurisdiction.
assumption claim
And aof immunity upon appropriate
searchbywarrant
foreign corporation seeking a writ of suggestion
prohibition against further the principal law officer of the
bound by the ruling of the court in
maintenance of a suit, on the ground of want ofgovernment, jurisdiction,the Solicitor General in this case, or
is not
which the suit was brought. other officer acting under his direction.
Citizenship is
US military Personnel/
immaterial –
US civilian Personnel
what is
JURISDICTION of VFA:important is one
1. Exclusive is connected to
2. concurrent – boththe US Military
countries have
jurisdiction

Article V - Criminal Jurisdiction


Crimes
punishable
by U.S., and
not by PH,
Crime is committed by a US personnel was against the property/ security of the US.
U.S. has
(agiainst property/security of US/other US personnel/ committed in performance of
jurisdiction
duty/against person property of other US personnel)
Generally, the PH has to
No. ThePH. Notforinwaiver
request the may
waive
US.
be US. jurisdiction
Committed
rejectedCitizenship
if the crimeinupon
is
the
is of
performance
US. Property of of official
another
request
performance
immaterial.
particular
No. of US.
importance
VFAduties
PH courts. covers The
This is aofficial
of
What RA
onlyis
9659
crime
military
request
important
against personnel
(heinous for
duties.
is crime)
waiver
attachment
personal
criminal security
aspect
RA 7610 (child abuse cases)
to cannot
the US be
military
RA 9165 (dangerous drugs)
rejected.
Section 7

The ff. posses diplomatic


immunity and cannot be
sued/ arrested/ Diplomat should be officially recognized
punished by the law of
the country in which
they are assigned:
1. Sovereign
2. Ambassadors
3. Minister residents/
Consuls
m. plenipotentiary
4. Domestic servants
not
(RA75 sec 5) exempt
Q: What is then the remedy of the officers
(Ph government)?
Extradition
Effect of repeal of penal law to liability

when the crime punished under the repealed law has been decriminalized by the
repeal. Because of the repeal, the act or omission which used to be a crime is no
longer a crime. An example is Republic Act No. 7363, which decriminalized subversion.
Consequences ifif repeal
Consequences repeal of
ofpenal
penallaw
lawis is
partialororabsolute
total relative
If
If aa case
case is pending
is already decided and inthecourt
accused isinvolving the
already serving violation
sentence by final of
judgment, if the convict is not a habitual delinquent, then he will be entitled to a
the repealed law, the same shall be dismissed, even
release unless there is a reservation clause in the penal law that it will not apply to
though
those the accused
serving sentence may
at the time of be aBut
the repeal. habitual
if there is nodelinquent.
reservation, those
who are not habitual delinquents even if they are already serving their sentence will
receive the benefit of the repealing law. They are entitled to release.
Consequences if repeal of penal law is
express or implied
If a penal law is impliedly repealed, the subsequent repeal
of the repealing law will revive the original law. So the act
or omission which was punished as a crime under the original
law will be revived and the same shall again be crimes although
during the implied repeal they may not be punishable.
(1) Terrestrial jurisdiction is the
jurisdiction exercised
over land.
(2) Fluvial jurisdiction is the
jurisdiction exercised over
maritime and interior waters.
(3) Aerial jurisdiction is the
The atmosphere over the country is free and not jurisdiction exercised over
subject to the jurisdiction of the subjacent state, the atmosphere.
except for the protection of its national security and
Penal laws of the country have force
public order.
and effect only within its territory.
:
(a) It cannot penalize crimes committed outside its
The subjacent state exercises jurisdiction over the
Extraterritorial
territory.
atmosphere only to the extent that it can effectively Crimes, which are
exercise control thereof.
(b) The national territory comprises the Philippine punishable even if
Archipelago… [Art. I, 1987 Constitution].
committed outside
(c) The
Theterritory
subjacent of state
the country is not limited
has complete to theover the the
jurisdiction Philippine
atmosphere above it subject only to
landthewhere its sovereignty
innocent passage by resides butofincludes
aircraft a foreign country.  Under this theory, if the crime is
alsocommitted
its maritimeinand interior no
an aircraft, waters as well
matter howas territory
its as long as
high, [Art. 2,that it is
it can be established
atmosphere.[Art. 2, RPC] atmosphere, Philippine criminal law (See Anti- Hijacking Law) will
within the Philippine RPC]
govern.
No, Abe may not be prosecuted for bigamy since the
bigamous marriage was contracted or solemnized in
Singapore, hence such violation is not one of those
where the Revised Penal Code, under Art. 2 thereof,
may be applied extraterritorially. The general rule on
territoriality of criminal law governs the situation.
Two rules as to jurisdiction over crimes committed
aboard while in the territorial
waters
of anotherthese
However, country (i.e.
rules area foreign vessel treading
NOT applicable if the
Philippine
vessel is onwaters ORseas
the high Philippine vessels
when the treading
crime was
foreign waters):
committed. In these cases, the laws of the
(1 : Itship
nationality of the is the flag
will or nationality
always apply. of the
vessel which determines jurisdiction UNLESS the
crime violates the peace and order of the host
country.
(2) : the location or situs of the crime
determines jurisdiction UNLESS the crime merely
relates to internal management of the vessel
Territory, atmosphere, interior waters, maritime zone
Classification of Vessels
US1.vs.Foreign
Fowler public vessels
Decision:
Issue: No. Courts–ofwar
W/N the
vessels/war
First Instance ships
of the Philippines have no
(ex.was
Facts: Theft Lawton
committed
court Ship
jurisdiction
has in
on board US
to take vs. Fowler).
acognizance
transport of crimes
while War the
committed
navigating vessels
onhigh
the high
seas.seas
on board
The accused were brought of try
to trial
jurisdiction to aand
transport or othercontends
defendants vessel notthat
registered or licensed
the Court of Firstin
are considered
thethe
case.
Instance have no jurisdiction
to becase
Philippines. an because
over theWarships
extension
are always of was
reputed
the crime
the
to be the territory
committed in of
a
foreign nationality
public vessel andofon the owner ofbelong
saidan vessel and to the laws
the country to which they cannot be subjected
high seas.
of another state. A US Army transport is considered a warship.
cannot be subjected to the laws of the state
US2. vs.Foreign
Bull merchant vessels – more or less
H.N Bull, who was the master of a vessel transporting cattle, carabao and other animals from
Formosa tosubjected
Manila, failed toto thesuitable
provide territorial
means forlaws.
securing animas while they are in
transit. Such
Decision: Whenneglect wascomes
a vessel a violation
withinof 3Act. No.from
miles 275 the
of the Philippine
headland Commission.
which Bull
embrace the entrance
Note:
contends
of Manila that The
Bay, the
the state
Philippine
vessel isthehave
courts
is within not noobligated
jurisdiction
territorial to
over
waters and hisgive
thus, immunity
offense.
the laws of the Philippines
onA crimes
shall apply. done
continuing crime in foreign
committed on boardpublic
a Norwegianvessels. Thissailing
merchant vessel is to the
Philippines is within the jurisdiction of the courts of the Philippine when the forbidden
just
conditions a matter
existed of the
during the time comity.
ship was within the territorial waters, regardless of the
fact that the same conditions existed when the ship sailed from the foreign port and while it was
on the high seas.
Rules as to jurisdiction over crimes committed
aboard foreign merchant vessels while in the
territorial waters of another country
1. French Rule – such crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state
is endangered. French courts therefore claim exclusive jurisdiction over crimes
committed on board French merchant vessels in foreign ports by one member of
the crew against another. (US vs. Bull)
5. English Rule –The English only exercise their jurisdiction on issues that involve the
internal management of vessel, otherwise, such crimes are triable in that country
where they were committed. (US vs. Bull)
not in transit

Issue: W/N the courts have


Facts: The defendant was charged with unlawful possession and sale of opium. He was on board the
steamship Errol, which was of English nationality, which came from Hong Kong and was bound to Mexico
jurisdiction over a foreign vessel
via the ports of Manila. The defense moved for the dismissal of the case on the ground that the courts
in transit.
have no jurisdiction since the act does not constitute a crime.

Decision: Mere possession of opium aboard a foreign merchant vessel


in transit liable, because
is not triablehe mayPhilippines
in the be , because
helddoes
that fact alone guilty of illegal
not constitute a breach of public order. The mere
possession of opium on such a ship, without being used in our territory,
importation of opium.
does not bring about in this country those disastrous effects that our
law contemplates on avoiding. But our courts acquire jurisdiction when
the tunes of opium are landed from the vessel on Philippine sol.
Landing or using opium is an open violation of the Philippine laws.
- vessel is in the territory of
another country, crimes committed in that area
are triable in that other country, unless the
crimes committed involve purely internal
matters within the vessel; the emphasis is on
the territoriality of the vessel; where the vessel
is found
•Any coin,
No. Because BagongNote,
•Currency Lipunan notes
are not legal tender and
•obligations
securities issued by the
Government of the
Philippine
Islands
Elements of concubinage:
1. That the man must be married.
2. That he committed any of the
following acts:
a. Keeping a mistress in the
conjugal dwelling.
b. Having sexual intercourse
under scandalous circumstances
*That the woman is married (even if marriage
with a woman who is
subsequently declared void)
not his wife.
*That she has sexual intercourse with a man not her
c. Cohabiting with her in any
husband.
other place.
*That as regards the man with whom she has sexual
3. That as regards the woman she
intercourses, he must know her to be married.
must know him to be married
>>>>>Coup de
• CRIMES AGAINST NATIONAL SECURITY: ‘etat and
rebellion are
Treason (betrayal), Espionage (Spying) not covered by
• CRIMES AGAINST THE LAW OF NATIONS: Article 2,
Genocide (Crimes against humanity), Section 5
Terrorism (War Crimes) because these
are Crimes
against public
order (CAPO)
A: Felonies are acts or omissions punishable by the RPC.
Note: means inaction, the failure to perform a positive duty
which one is bound to do.
There must be a law requiring aTitle One
certain act to be performed and the
person required to do the act fails to perform it.
Punishable under the RPC means this element of a felony is based upon
the maxim, that is, there is no
crime where there is no law punishing it.

Chapter One
FELONIES
Is presumed from the mere doing of a wrong act. This
Note: does not require proof. The burden is upon the
In theft, the mens rea is thewrongdoer
taking of the property
to prove thatofhe acted without such criminal
another with intent to gain.intent.
In falsification, the mens rea is the effecting of the

Yes. Thereforgery with intent to pervert the truth.


No. Transient Possession
No.
In robbery, the mens rea is the taking of the property
not liableof another coupled with the employment of
intimidation or violence upon persons or things.

is animus
Although
Is not presumedI because

Transient
possession,
element
was init is an ingredient or
of a crime,although I have
like intent to kill
of attempted or frustrated
in the crimes

no license to posses, Still


possendi
homicide/parricide/murder. The prosecution has
notburden
the liable because
of proving I have no
the same.

possession
Note: In some particular felonies, proof of
intent, and
specific intent this istoan
is required produce the crime
such as in frustrated and attempted homicide.
exception to mala prohibita
– mistake
that which had in the
the facts identity
been true to the belief of the offender, his act can
be justified. It is such mistake that will–negate
– where criminal
the consequence
mistake liability
in the blow because
exceeded the of the absence of
intention
the element of intent.
– the cause of the cause is the cause of the evil caused
Q: Who are liable for grave or less grave
felonies?
Art. 10. Offenses not subject to the provisions of this
Code. — Offenses which are or in the future may
be punishable under special laws are not subject
to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter
should specially provide the contrary.