CRIMINAL LAW
BOOK 1
ATTY. MA. DANICA A. ORCULLO, RL
At the end of this chapter, the student will be able to:
Understand and discuss why study Criminal Law and the Importance of this.
Discuss and explain the Concepts and Principles
Elaborate the Purpose of Criminal Law
Explain the Nullum Crimen, Nullum Poena Sine Lege and Its Importance
Describe the Theories in Criminal Law
Discuss the Sources of Philippine Criminal Law and give examples
Clarify the Legal Basis of Punishment
Identify the Legislative Prerogative to Enact Penal Laws
Describe Ex Post Facto Law
Differentiate and Explain the Bill of Attainder
Distinguish the Significance of Repeal of Penal Laws
Criminal Law
A branch or division of law
which defines crimes, treats of
their nature, and provides for
their punishment.
- Justice Luis Reyes
CRIME
It is an act committed or omitted in violation of the
public law forbidding or compelling it.
“Act” – any bodily movement tending to produce
some effect in the external world.
“Omission” – inaction; failure to perform a positive
duty, which one is bound to do.
What are the sources of
criminal law?
1. Republic Act No. 3815 or the Revised Penal Code;
2. Special Penal Laws; and,
3. Penal Presidential Decrees issued during Martial Law.
Are judicial decisions
sources of Criminal Law?
NO. Judicial decisions cannot be considered as sources of
criminal law because they merely explain the meaning and
the application of the law.
Article 8, New Civil Code. Judicial decisions applying or
interpreting the laws or the Constitution shall form a part of
the legal system of the Philippines.
CRIME
It is an act committed or omitted in violation of the
public law forbidding or compelling it.
It is an encompassing word which include: Felony,
Offense and Infraction of the law
FELONY
An act or omission punished by the Revised Penal Code.
Article 3, RPC. Definition. - Acts and omissions punishable by
law are felonies (delitos). Felonies are committed not only by
means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate
intent; and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
OFFENSE
An act or omission punished by Special Penal Laws.
Examples of Special Penal Laws:
a.R.A. No. 9165 or the Comprehensive Dangerous Drugs Act
b.R.A. No. 9262 or the Anti-Violence Against Women and their
Children Act
c.R.A. No. 3019 or the Anti-Graft and Corrupt Practices Act
INFRACTION OF THE LAW
An act or omission punished by local ordinances enacted by
the local sanggunian.
Fines can range from P100 to P5000
Imprisonment, usually not exceeding six (6) months.
Community Service
Reprimands or Warnings
Examples: Violation of traffic ordinances; Waste
Management, Public Health and Sanitation; Noise
Regulations; Public Morality and Decency; Zoning and
Land Use Regulations; Business Regulations.
CRIME
Who are ‘injured’ when a
crime is committed?
The STATE and the PRIVATE OFFENDED PARTY.
Against the STATE = social injury
Imprisonment or Fine will answer for the social
disturbance, disturbance of public order, and social
injury
Against the PRIVATE OFFENDED PARTY = personal injury
Award of civil indemnity will answer for the personal
injury.
Case: People of the Philippines vs. Sergio and Lacanilao
Are there common law
crimes in the Philippines?
NO. There is no concept of “common law crimes” in the
Philippines, unlike in the United States and England.
“Nullum crimen, nulla poena sine lege.” – There is no crime
where there is no law punishing it.
There must be a clear definition of the punishable offense
and the penalty that may be imposed.
THEORIES IN
CRIMINAL LAW
1. Classical Theory
2. Positivist Theory
3. Eclectic Theory
4. Utilitarian Theory
CLASSICAL THEORY
The basis of criminal liability is human free will or the moral trait
of the offender. – Man is essentially a moral creature who
understands right from wrong, with an absolute free will to choose
between good and evil. Hence, when man commits a criminal act,
he does it freely and voluntarily.
The determination of penalty is done mechanically. – The penalty
imposed on the offender is always directly proportionate to the
injury or damage caused.
The emphasis of the law is on the crime and not the criminal.
The basis of criminal liability is human free will, and the purpose of
the penalty is retribution.
“Lex talionis.” / “An eye for an eye, a tooth for a tooth.”
POSITIVIST THEORY
The basis of criminal liability is man’s social and economic
environment. – All men are born good, and no man is born evil. –
What makes man do evil things is his social and economic
environment.
The purpose of penalty is rehabilitation. – The offender is a socially
sick individual who must be rehabilitated, cured, and not punished.
Penalties must be reformative.
The emphasis of the law is on the criminal and not on the crime.
ECLECTIC OR MIXED THEORY
MIX of Classical and Positivist Theories.
Crimes which are heinous in nature shall be dealt with in the
classical manner, and crimes which are considered social or
economic in nature, shall be dealt with in the positivist of realistic
manner.
“No single theory can fully capture the complexities of crime and
punishment.” – Eclectic Theory acknowledges the need for
punishment as a form of societal balance while ensuring that
penalties serve practical purposes such as protecting society or
rehabilitating offenders.
Practical application: Appreciation of Aggravating and Mitigating
Circumstances; R.A. 9344 or the Juvenile Justice and Welfare Act;
Community-based Penalties.
UTILITARIAN THEORY
The purpose of criminal law and punishment is to prevent crime.
It focuses on the consequences of punishment rather than
retribution.
The very purpose of imposing penalties is to deterrence of crime. -
Punishment serves as a warning to others in society not to commit
crimes. Punishment also prevents the individual offender from
committing future crimes.
This theory aligns criminal law with broader societal goals, such as
maintaining order, fostering cooperation, and ensuring a stable
environment for economic and social interactions.
Magno vs. CA: Under the utilitarian theory, the "protective theory" in
criminal law, "affirms that the primary function of punishment is the
protection of society against actual and potential wrongdoers."
What theory are we using?
The Revised Penal Code is based on the Classical Theory. –
However, some aspects of the Code are based on positivist
theory.
Special Penal Laws may be based on positivist or
utilitarian theories.
In sum, Philippine Criminal Law uses Eclectic or Mixed
Theory and Utilitarian Theory.
Who has the power to enact
penal laws?
Congress or the Legislative Department (House of
Representatives and Senate) has the power to enact penal
laws.
Legal Basis: Article VI, Section 1 of the 1987 Constitution:
Section 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate
and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and
referendum.
Is the power of Congress to
enact penal laws unlimited?
NO. The power of Congress to enact penal laws has Constitutional
Limitations.
These limitations can be found under Article III of the 1987
Constitution or the Bill of Rights.
CONSTITUTIONAL
LIMITATIONS
1. Equal Protection (Article III, Section 1)
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the
equal protection of the laws.
Penal laws must apply equally to all persons under similar
circumstances. – No individual or group within the
classification may be singled out for different treatment.
CONSTITUTIONAL
LIMITATIONS
2. Due Process (Article III, Section 1)
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal
protection of the laws.
Basic fairness and adequate justice – The accused person must be
allowed the opportunity to be heard and be afforded of all rights to
which he is entitled.
Penal laws must not be arbitrary, oppressive, or unreasonable.
CONSTITUTIONAL
LIMITATIONS
2. Due Process (Article III, Section 1)
Constitutional Rights of the Accused
1. Right to a speedy disposition of their cases
2. Due process
3. Right to Bail
4. Right to be informed of the nature and cause of the accusation
against him, to have speedy, impartial, and public trial
5. Not be compelled to be a witness against himself
6. Excessive fines shall not be imposed
7. Against Double Jeopardy
8. Free access to the court
Statutory Rights of the Accused
1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
2. To be informed of the nature and cause of the accusation against him.
3. To be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment. xxx
4. To testify as a witness in his own behalf but subject to cross-examination on
matters covered by direct examination. His silence shall not in any manner
prejudice him.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him at the trial. x x x
7. To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf.
8.To have a speedy, impartial, and public trial.
9.To appeal in all cases allowed and in the manner prescribed by law.
CONSTITUTIONAL
LIMITATIONS
3. Bill of Attainder (Article III, Section 22)
Section 22. No ex post facto law or bill of attainder shall be enacted.
Bill of attainder – a legislation which punishes the offender
without giving him the opportunity to be heard (due process) /
without judicial trial.
CONSTITUTIONAL
LIMITATIONS
4. Ex post facto Law (Article III, Section 22)
Section 22. No ex post facto law or bill of attainder shall be enacted.
Ex post facto Law – a law that makes an act criminal although it
was not a crime at the time it was committed.
CONSTITUTIONAL
LIMITATIONS
5. Excessive fines, cruel, degrading or inhuman punishment (Article
III, Section 19)
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
