CRIMINALLAW1Criminal Law- is that branch of law which defines crimes, treats of their nature and provides for their

punishment. (12 CYC 129 &Lacson vs. Executive Secretary, 102 SCAD, l999). It is a branch of public law because it treats of acts or omissions of the citizenswhich are deemed primarily as wrongs against the State more than against the offended party.Different branches of laws: Political Law, Mercantile Law, Commercial Law, Constitutional Law, Civil Law & others.Crimes: Theft (Article 308)-committed by any person who, with intent of gain but without violence against, or intimidation of persons nor force upon things, shall take the personal property of another without the latters consent. Rape (Article 266-A ( asa m e n d e d b y R A 8 3 5 3 ) i s c o m m i t t e d b y a m a n w h o s h a l l h a v e c a r n a l k n o w l e d g e w i t h a w o m a n : t h r o u g h f o r c e , t h r e a t o r intimidation, x x x . Punishment Theft depends on the amount of the thing stolen ex. Amt. is over 200 pesos but does not exceed6,000 penalty is Prision Correccional in its minimum and medium periods ( 6 mos. and 1 day to 4 yrs.& 2 mos. Penalty for Rape committed with the use of deadly weapon or by two or more persons, the penalty is Reclusion Perpetua to Death.What is crime (Book of Reyes ) is an act committed or omitted in violation of a public law forbidding or commanding it. Crime is the commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and thecommission or omission of which is punishable by a proceeding brought in the name of the govt. whose law has been violated.(Whartons Crim. Law)Crime punished by the Revised Penal Code is called FELONY.Crime punished by special laws is known as OFFENSE.Crime punished by an Ordinance is known as INFRACTION.Power to define and punish an act as a crimeOnly the State, through the Legislative Department where the legislative power isvested. Exception; Chief Executive through an Executive Order may perform this prerogative in the exercise of emergency power.This is provided under the l987 Constitution.Sources of Criminal Laws:1) Revised Penal Code Act 3815 as amended (January 1, l932);2) Special Penal laws passed by the Philippine Commission, Philippine Assembly, Congress of the Philippines, and the Batasang Pambansa.3) Presidential Decrees.Characteristics of Criminal law:A) Generality That the law is binding upon all persons, who reside or sojourn in the Philippines, irrespective of age, sex, color or personal circumstances.Exceptions:1) Provided by Public International Law Art. 14 Civil Code & Schneckenburger vs. Moran 63 Phil. 250) Sovereigns, heads of states, ambassadors, ministers plenipotentiary, Ministers- resident, charges daffairs and attaches. As regards consuls and vice-consuls,their exemption will depend upon a treaty stipulation, except an Honorary Consul.2) Treaty Stipulations; (Ex. PI & US Military Bases Agreement & Visiting Forces Agreement)RA 75 extends immunity to the domestic servants of duly accredited ambassadors, if registered in the DFA, if in the country of theambassadors, also provided similar protections to duly accredited ambassadors of the Phils.Does immunity from suit of officers of international bodies include that of defamation? (Liang vs. People-ll9 SCAD- January2000)- Petitioner is an economist working with ADB. For allegedly uttering a defamatory words against his fellow ADB worker, hewas charged before the MeTC w/ 2 counts of Grave Oral Defamation. The judge received an offer of protocol from the DFA statingthat Liang is covered by immunity from legal process under Sec. 45 of the Agreement between the ADB and the Phils. Based on said protocol, the judge without notice to the prosecutiondismissed the case.First courts cannot blindly adhere and take on its face the communication from

the DFA that petitioner is covered by anyimmunity. The DFAs determination that a certain person is covered by immunity is only preliminary which has no binding effects incourts. In receivingEx-parte the DFAs advice and in motu propio dismissing the cases w/o notice to the prosecution, the latters right to due process wasviolated. It should be noted that due process is a right of the accused as much as it is of the prosecution. Mere invocation of theimmunity clause does not ipso facto result in dropping the chargesSecond Under Sec. 45 of the Agreement, the immunity therein is not absolute but subject to the exception that the act was done inofficial capacity. Thus the prosecution should have been given the chance to rebut the DFA protocol and it must be accorded theopportunity to present its controverting evidence, should it desires. Third slandering a person could not possibly be covered by the immunity agreement, because our laws do not allow the commissionof a crime, such as defamation, in the name of official duty. This is ultra vires and cannot be part of official functions. It is a settled principle that a public official may be liable in his personal capacity for whatever damage he may have caused by his act done withmalice and in bad faith beyond the scope of his authority or jurisdiction.Fourth Under the Vienna Convention on Diplomatic Relations, a diplomatic agent enjoys immunity from criminal prosecution of the receiving state except in the case of an action relating to any professional or commercial activity outside of his official functions.As mentioned, the commission of the crime of defamation is not part of his official duty.3) Laws of Preferential Applications- Constitution- Ex. Members of Congress are not liable for Libel or Slander in connection withany speech delivered on the floor of the house during a regular or special session ( Art. IV, Sec. 11, l987 Constitution)B) Territoriality Article 2, RPC provs. of the RPC shall be enforced within the Philippine Archipelago, including its atmosphere,interior waters and maritime zone( before it was 3 miles from the outermost coastline. But now, under the Archipelagic Doctrineadopted in the new Phil. Const. and the Conference of the Law on the Sea, this distance is now 12 Nautical Miles from the baselines.Beyond the maritime zone, is the high seas, which are beyond our territorial jurisdiction. The national territory comprises thePhilippine Archipelago with all the islands and waters embraced therein, and all other territories over which the Phils. has sovereigntyor jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, seabed, subsoil insular shelves andsubmarine areas. The waters Around, Between, and Connecting the islands of the archipelago regardless of their Breadth andDimensions, form part of the internal waters of the Philippines (Archipelagic Doctrine- Art. 1, l987 Constitution).Our criminal law has also an Extra-Territoriality chars. Article 2, RPC:1) Should commit an offense while on a Philippine ship or airship- this must be duly registered under the Phil. Laws and considered anextension of the Phil. National Territory, But if said Phil. Vessel or aircraft is within the territory of a foreign country when the crimeis committed, the laws of that country will apply. But if the accused in a registered Philippine vessel committed homicide on boardsaid vessel while in the territorial waters of a foreign country, like Vietnam, was not prosecuted before the Vietnam Court, he could betried before our Court, following the provs. of Rule 110 of the Revised Rules of Criminal Procedures (Pp. vs. Togoto- CA- 68 Off Gaz. 8317)If the Phil. Ship is not registered and a crime is committed in the high seas, our rules will not apply as said law clearly provides thatonly duly registered vessel is covered (Pp. vs. Julmain May 30, l959). Under the New Rules on Criminal Procedures (Jan. 1,l985), the phrase registered or licensed under the Phil. Laws

are deleted & substituted with subject to the generally accepted principles of international law. Philippine warship, whatever it is, is an extension of the Philippines and its sovereignty. If the foreignvessel is also a warship, our courts have no jurisdiction as such is an extension of the country to which these vessels belong ( US. vs.Fowler 1 Phil. 614) On foreign merchant vessels, there are two rules that are followed:1) FRENCH RULE that crimes committed on board a foreign merchant vessel while on the waters of another country are not triablein that country unless those affecting the peace and security of that country or the safety of that state is endangered.2) ENGLISH RULE that such crimes are triable in that country unless such crimes affect merely the internal management of thevessel. This is also known as the Anglo-American Rule. This is the rule that we followed in our jurisdiction (US vs. Bull- 15 Phil. 7).This includes continuing crime committed on board a foreign vessel sailing from a foreign port and which enters Philippine waters istriable in our courts.U.S. vs. Look Chow - 18 Phil 573- mere possession of opium on board a foreign vessel in transit in Philippine waters as such does notinvolve a breach of public order unless the opium is landed in our Philippine soil.U.S. vs. Wong Cheng- 46 Phil 729 this already involves breach of public order because the accused smoked opium while inside thevesel. This already causes such drugs to produce its pernicious effects within our country.2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Govt. of the Philippine Islands.- reason behind is to maintain and preserve the financial credit and stability of the State.Ex. of obligation- sweepstakes ticket & lotto.3) Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number.4) While being a public officers or employees, should commit an offense in the exercise of their functions. Ex. Bribery, Malversation.Article 203 RPC- Who are public officers- Any person, who, by direct provision of the law, popular election, or appointment bycompetent authority, shall take part in the performance of public functions in the Govt. of the Philippine Islands or shall perform insaid Govt. or in any of its branches, public duties as an employee, agent or subordinate official or any rank or class.5) Should commit any of the crimes against National Security and the Laws of Nations. Ex. Piracy and Mutiny Laws of Nations.Treason and Espionage Crimes against National Security. Piracy shall be committed by any person, who on the high seas or Philippine waters, shall attack or seize a vessel, or not being amember of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personnel belonging to its complement or passengers.Mutiny is the unlawful resistance to a superior officer, as the raising of commotions and disturbance on board a ship against theauthority of the commander.Treason is committed by any Filipino citizen who levies war against the Phils. or adheres to her enemies, by giving them aid or comfort within the Phils. or elsewhere.Espionage: - is committed by any person:1) who without authority, enters a warship, fort, or naval or military estab., or reservations to obtain any info., plans, photographs or other data of a confidential nature relative to the defense of the Phil. Archipelago;2) being in possession, by reason of the public office he holds, of the articles, data or info, discloses their contents to a rep. of aforeign nation.C) Prospectivity or Irretrospectivitymeans that generally penal laws should have only prospective application (Arts. 21 & 22RPC).Exception if this is favorable to the accused ( has retroactive effect).Exception to the

exception if the accused is a habitual delinquent.Ex. Re-imposition of Death penalty under RA 7659, which took effect on December 31, l993. This cannot be given a retroactive effecton the accused who committed a crime on September 23, l987 ( Pp. vs. Bracamonte- 257 SCRA ).Reason behind this provision Lex prospicit, non respicit (the law looks forward not backward). The rationale against retroactivity isthat a law usually derides rights which may have already become vested or impairs the obligation of contract and hence isunconstitutional.Example of a law which can be given a retroactive effect Pres. Decree No. l866 ( which took effect on April 4, l973) penalizesIllegal Possession of Firearms for Reclusion Temporal Maximum to Reclusion Perpetua ( 17 years, 8 months and 1 day to ReclusionPerpetua). This was amended by RA 8294( which took effect on June 6,l997) wherein the penalty for illegal poss. of firearms is now based on the caliber of the FA if low caliber Prision Correccional in its Max. Period ( 4 years, 2 months and 1 day to 6 years); if high powered penalty is Prision Mayor in its Minimum Period- 6 years and 1 day to 8 years.Example of the exception to the exception no retroactivity because the accused is habitual delinquent if within ten years from thedate of his release or last conviction of the crime of Serious or Less Serious Physical Injuries, Robbery, Theft, Estafa or Falsification,he is found guilty of any of said crimes a third time or oftener (Multi-recidivist). Does the prospectivity rule only cover laws passed by Congress? No. The prospectivity rule applies also to penal circulars. For instance, DOJ Circular no. 12 issued on August 8, l984 declared that all checks including guarantee checks are covered by BP. Blg. 22.The court ruled that this Circular cannot be applied retroactively because petitioners cannot be faulted for relying on the earlier pronouncement of the Secretary of Justice that guarantee checks issued prior thereto are not covered by said Circular. The decisionfurther states that the principle of prospectivity of statutes, original or amendatory has been applied to administrative rulings andcirculars, and to judicial decisions which although in themselves are not laws, are evidence of what the laws mean, this being thereason why under Article 8 of the New Civil Code, judicial decisions applying the laws or the Constitution shall form part of the legalsystem ( Co vs. Court of Appeals- 45 SCAD October l993). Same application on the courts interpretation upon a written law theinterpretation of the court on a written law has the force of law. When a doctrine of the court is overruled and a different view isadopted, the new doctrine should be applied prospectively and should not apply to parties who relied on the old doctrine on the faiththereof. This is especially true in the construction and application of criminal laws, where it is necessary that the punishability of anact be reasonably foreseen for the guidance of society ( Co vs. CA- Ibid).Effect of the repeal of penal laws on the accused:The effect depends upon the nature of the repeal of the penal laws:a) In absolute or total repeal or express repeal, the act or omission is decriminalized so that if a case is pending, it shall bedismissed whether the accused is a habitual delinquent or not because there is no more crime for which he should be tried. If he wasalready convicted and /or serving sentence, he shall be released if he is not a habitual delinquent or unless the law provides thatdetention is to continue. b) In partial or relative repeal or implied repeal or repeal by re-enactment, the first law will govern if the accused is a habitualdelinquent or if the favorable second law prohibits retroactivity. While the second law will govern if favorable to the offender who isnot a habitual delinquent or the law is silent as to its retroactivity. Ex. Pp. vs. Velasco 67 SCAD or 252 SCRA the beneficent provisions of RA

7659 can be applied retroactively to judgments which have become final and executory prior to December 31, l993and even to those who are already serving sentences.