PENAL LAWS acts of the legislature prohibiting
Should commit any of the crimes
certain acts or omissions and establishing penalties
for their violations.
CRIMINAL LAW a branch of municipal law which
defines crimes, treats of their nature, and provides
for their punishment
Constitutional Limitations on the enactment of
penal laws (EDNBE)
1. Equal protection clause the law must
treat equally persons or properties similarly
situated with respect to the conferment of
rights or imposition of obligations
2. Due process clause means basic
fairness and adequate justice; an
embodiment of the sporting idea of fair
play; it requires that the law, in depriving a
person his life, liberty, or property must be
fair and reasonable and that a person
whose life, liberty, or property is at stake of
being deprived must be given the
opportunity to be heard and afforded all
rights to which he is entitled
3. Non-imposition of cruel and unusual
penalty or excessive fines
4. Bill of attainder a legislative act which
inflicts punishment without a judicial trial
5. Ex post facto law - a law which
retroactively affects that right or condition
of an accused who committed a crime prior
to its effectivity
Characteristics of Penal Law
1. Generality
Basis: Art. 14, CC. Penal laws as well as
those of public security and safety shall be
obligatory upon those who live or sojourn
in the Philippine territory, whether a citizen
or not.
2. Territoriality
Basis: Art. 2, RPC. Except as provided in
the treaties and laws of preferential
application, the provisions of this Code
shall be enforced not only within the
Philippine Archipelago, including its
atmosphere, its interior waters and
maritime zone, but also outside of its
jurisdiction, against those who:
a. Should commit an offense while
on a Philippine ship or airship;
b. Should forge or counterfeit any
coin or currency note of the
Philippines or obligations and
securities issued by the
Government of the Philippines;
c. Should be liable for acts
connected with the introduction
into these islands of the
obligations and securities
mentioned in the preceding
number;
d. While being public officers or
employees, should commit an
offense in the exercise of their
functions; or
e.
against national security and the
law of nations (piracy, provoking
war, disloyalty in case of war,
qualified piracy, and mutiny)
3. Prospectivity
Penal laws shall have only prospective
application except if it is favorable to the
accused.
Bases:
Art. 21, RPC. No felony shall be
punishable by any penalty not prescribed
by law prior to its commission
Art. 22, RPC Penal laws shall have a
retroactive effect insofar as they favor the
person guilty of a felony, who is NOT a
habitual criminal.
Art. 4, CC
Sec. 22, Art. III, Philippine Constitution
Territoriality Principle
1. Embassy
Rule: A person who commits a crime
within the premises of an embassy will
be prosecuted under the law of the
Philippines.
Limitation: Principle of Inviolability of
Diplomatic Premises
A warrant of arrest cannot be served
inside the embassy without the waiver
of the foreign government of its right
under the principle of inviolability.
2. Territorial waters
Rules regarding crimes committed
aboard a foreign merchant vessel
(FMV)
French Rule (flag state)
Crimes committed aboard a FMV
within the territorial water o the PH are
subject to the jurisdiction of the flag
state unless their commission affects
the peace and security of the
Philippines
English Rule (coastal state)
Crimes committed aboard a FMV
within the territorial water of the PH
are subject the the jurisdiction of the
PH unless their commission does not
affect the peace and security of our
country, or has no pernicious effect
therein
NOTE: Under the old rule, the English
rule is adopted by the Philippines.
However, since the Philippines is a
signatory to the UNCLOS, the former
now considers the determination of
 jurisdiction over crimes committed on
board a FMV applying the pertinent
provisions of the UNCLOS.
3. Extra-territoriality Principle
The PH has jurisdiction over crimes
committed outside its territory as
provided in Art. 2, RPC pars. 1 to 5.
the classical and the positivist theories.
Utilitarian or protective the primary function of
punishment is to protect society from potential
and actual wrongdoers. The retributive aspect of
penal laws should be directed against them. The
law should not be applied to further materialism
and opportunism. (Magno v. CA, GRN 96132, 26
Jun 1992)

Prospectivity
Criminal law merely punishes crimes committed on Construction of Penal Laws
or after its effectivity. This rule also applies to
administrative rulings and circulars, and to judicial In dubio, pro reo means when in doubt, for the
decisions. accused. This is consistent with the presumption of
innocence.
Lex prospicit, non respicit. The law looks forward,
not backward. The rationale against retroactivity is This rule applies when the court is faced with two
that a law usually divests rights which may have possible interpretations of a penal statue one that
already become vested or impairs the obligations of is prejudicial to the accused and another that is
contract, hence, unconstitutional. favorable to him. The rule calls for the adoption for
an interpretation which is more lenient to the
Doctrine of Operative Fact prior to the statutes accused.
nullification it must have been in force and had to be
complied with Equipoise Rule when the evidence of the
prosecution and the defense are equally balanced,
Retroactivity, when applied. the scale should be tilted in favor of the accused
1. When the law is favorable to the accused because of the presumption of innocence. (Urua v.
who is not a habitual delinquent CA, GRN 112170, 10 Apr 1996)
2. If the law decriminalizes an act
3. If the law expressly provides retroactivity Spanish Text the Spanish version of the RPC
should prevail over the English for the RPC was
originally approved and enacted in Spanish.
Theories in Criminal Law
Classical Positivist
Basis Human free will Sum total of the Proof beyond reasonable doubt
social and
economic Where the State fails to meet the quantum of proof
phenomena to (proof beyond reasonable doubt) required to
which the overcome that presumption, the accused is entitled
offense is to acquittal, as a matter of right regardless of the
expressed; weakness or even the absence of his defense. For
any conviction must rest on the strength of the
Man is prosecutions case and not on the weakness of the
inherently good defense. (Cosep v. People, GRN 110353, 21 May
but because of 1998). When moral certainty as to culpability hangs
his environment in the balance, acquittal on reasonable doubt
and upbringing, inevitably becomes a matter of right. (Mallillin v.
he becomes People, GRN 172853, 30 Apr 2008)
socially sick
Purpose Retribution Corrective or
of the curative to Classifications of Crimes
penalty reform the As to commission:
offender 1. Dolo
(Correctional 2. Culpa
institutions)
Imposabl Predetermined Individual basis As to stage of execution
e penalty for every crime after 1. Attempted
the gravity of considering his 2. Frustrated
which is directly circumstances 3. Consummated
proportionate to Formal
the crime Material
committed. No frustrated stage
Emphasis On the offense On the actor
As to gravity
Additional: 1. Grave felonies
Eclectic combines the good features of both 2. Less grave felonies
 3. Light felonies The fundamental philosophy highlighting the finality
of an acquittal by the trial court cuts deep into "the
As to count humanity of the laws and in a jealous watchfulness
1. Composite over the rights of the citizen, when brought in
2. Compound unequal contest with the State. The State with all its
3. Complex resources and power should not be allowed to
4. Continued make repeated attempts to convict an individual for
an alleged offense, thereby subjecting him to
As to nature embarrassment, expense and ordeal and
1. Mala in se compelling him to live in a continuing state of
2. Mala prohibitum anxiety and insecurity, as well as enhancing the
possibility that even though innocent, he may be
found guilty. (People v. Velasco, GRN 127444, 12
Mala in se v. Mala Prohibita Sep 2000)

Mala in se Mala prohibita

Inherently wrong or Not inherently wrong
immoral
Good faith or lack of Good faith is not a
criminal intent is a defense
defense
Modifying Modifying
circumstances may be circumstances cannot
appreciated be appreciated unless
the special law adopts
the RPC nomenclature
Punishable by the Punishable by special
RPC penal laws
Involves moral Does not include moral
turpitude turpitude

Repeal of a Penal Law, Effects

1. Absolute/Total/Express Repeal
a. It deprives courts of jurisdiction to
punish persons charged with a
violation of the old penal law prior to
its repeal. (Exceptions: saving clause
in the new law, re-enactment of a
former penal law)
b. The act or omission is decriminalized
c. Pending case dismissed whether
the accused is habitual delinquent or
not
d. Offender was convicted and/or serving
sentence released if he is not a
habitual delinquent or the law provides
that detention is to continue

2. Partial/Relative/Implied Repeal
a. It does not deprive the courts of
jurisdiction to punish persons charged
with a violation of the old penal law
prior to its repeal.
b. It does not decriminalize an act but
merely provides new rules.
c. First law will govern if the accused is a
habitual delinquent or when the
favorable second law prohibits
retroactivity.
d. The second law will govern if
favorable to the accused who is not a
habitual delinquent or the law is silent
as to its retroactivity.

Finality of Aquittal Rule