CRIMINAL LAW

Criminal law is that branch of law, which defines crimes, treats of their nature, and provides for their punishment.

Characteristics of criminal law:
A. Generality means that the criminal law of the country governs all persons within the country regardless of
their race, belief, sex, or creed.
Note: The term generality has no reference to territory. It refers to persons that may be governed by the penal
law.

Exceptions to the rule on generality of penal laws:
1. Treaty stipulations and international agreements.
E.g. RPUS Visiting Forces Accord.
2. Laws of Preferential Application
Note: RA 75 penalizes acts which would impair the proper observance by the Republic and its inhabitants of the
immunities, rights, and privileges of dulyaccredited foreign diplomatic representatives in the Philippines.
3. The principles of public international law
a. Sovereigns and other chiefs of states
b. Ambassadors, ministers, plenipotentiary, ministers resident, and charges d affaires.

Note: Consuls, viceconsuls, and other commercial representatives of foreign nation are not diplomatic officers.
Consuls are subject to the penal laws of the country where they are assigned.

B. Territoriality means that the penal laws of the country have force and effect only within its territory.
Note: The territorial application of criminal laws is again subject to certain exceptions brought about by treaties
or international agreements.

Exceptions to the Territoriality principle
Against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands
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 public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations. (Art. 2, RPC)

C. Prospectivity means that acts or omissions will only be subject to a penal law if they are committed after a
penal law had already taken effect.
Note: This is also called irretrospectivity.

Exception to the prospective application of penal laws
1. Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused.
Note: The retroactive effect shall benefit the accused even if at the time of the publication of the law, a final
judgment has been pronounced and the convict is serving sentence.

Exception to the exception:
The new law cannot be given retroactive effect:
1. Where the new law is expressly made inapplicable to pending actions or existing causes of actions.
2. Where the offender is a habitual criminal.

EX POST FACTO LAW is one wherein if given a retroactive application will be prejudicial to the accused.
(a) Provides for the infliction of punishment upon a person for an act done which, when it was committed, was innocent;
(b) Aggravates a crime or makes it greater than when it was committed;
(c) Changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was committed
(d) Changes the rules of evidence and receives less or different testimony then was required at the time of the
commission of the offense in order to convict the offender;
(e) Assuming to regulate civil rights and remedies only, in effect imposes a penalty or the disposition of a right which
when done was lawful;
(f) Deprives the person s accused of crime of some lawful protection to which they have become entitled, such as the
protection of a former conviction or acquittal, or of the proclamation of amnesty;
(g) In relation to the offense or its consequences, alters the situation of a person to his disadvantage.

BILL OF ATTAINDER is a legislative act which inflicts punishments without trial. Its essence is the substitution of a
legislative act for a judicial determination of guilt.
- A bill of attainder applies only to statutes and a statute becomes a bill of attainder when it
applies either to named individuals or to easily ascertainable members of a group inflicting punishment on them
amounting to a deprivation of any right, civil or political, without judicial trial. Stated otherwise, the singling out of a
definite class, the imposition of a burden on it, and a legislative intent, suffice to stigmatize a statute as a bill of attainder

The Void-for-Vagueness Doctrine.Criminal statutes which lack sufficient definiteness or specificity are commonly held
"void for vagueness." Such legislation "may run afoul of the Due Process Clause because it fails to give adequate
guidance to those who would be law-abiding, to advise defendants of the nature of the offense with which they are
charged, or to guide courts in trying those who are accused." 'Men of common intelligence cannot be required to guess
at the meaning of [an] enactment.

Doctrine of Pro Reo Whenever a penal law is to be construed or applied and the law admits of two interpretations,
one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the
offender will be adopted.

EQUIPOISE DOCTRINE- When the evidence of the prosecution and of the defense is equally balanced, the scale should
be titled in favor of the accused in obedience to the constitutional presumption of innocence. He should be acquitted.

DOLO AND CULPA
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
DOLO CULPA
Act is malicious Not malicious
With deliberate intent Injury caused is unintentional being incident of another act
performed without malice
Has intention to cause injury Wrongful act results from
imprudence, negligence, lack of foresight or lack of skill

MALA IN SE AND MALA PROHIBITA
MALA IN SE MALA PROHIBITA
Acts or omissions which are inherently evil. Acts which are made evil because there is a law prohibiting
it.
Punished under the RPC Violations of special laws
Note: Not all violations of special laws are mala prohibita.
Even if the crime is punished under a special law, if the act
punished is one which is inherently wrong, the same is
malum in se, and, therefore, good faith and the lack of
criminal intent is a valid defense; unless it is the product of
criminal negligence or culpa.

Distinctions between crimes punished under the RPC and crimes punished under special laws
CRIMES UNDER THE RPC CRIMES UNDER SPECIAL LAW
Involve crimes mala in se. Usually crimes mala prohibita
As to moral trait of the offender
It is considered. This is why liability would only arise when
there is dolo or culpa in the commission of the punishable
act
It is not considered. It is enough that the prohibited act
was voluntary done.
As to use of good faith as defense
It is a valid defense unless the crime is the result of culpa. It is not a defense
As to the degree of accomplishment of the crime
May admit attempted and/or frustrated stages There are no attempted or frustrated stages, unless the
special law expressly penalizes the mere attempt or
frustration of the crime
As to mitigating and aggravating circumstances
Taken into account in imposing the penalty since the moral
trait of the offender is considered
Not taken into account in imposing the penalty. As an
exception, when the special law uses the nomenclature of
the penalties under the RPC, the circumstances can be
considered.
As to the degree of participation of offender
When there is more than one offender, the degree of
participation of each in the commission of the crime is
taken into account in imposing the penalty; thus, offenders
are classified as principal, accomplice and accessory.
It is not considered. All who perpetrated the prohibited act
are penalized to the same extent. There is no principal,
accomplice or accessory to consider.