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CRIMINAL LAW 1 REVIEWER

Criminal Law in General POINTS I. Definitions — What is criminal law? o Branch or division of law which defines crimes, treats of their nature, and provides for their punishment. — What is crime? o An act committed or omitted in violation of a public law forbidding or commanding it. II. Sources of Criminal Law — Revised Penal Code — Special Penal Laws passed by the Legislative — Presidential Decrees issued during Martial Law III. Common Law Crimes — Crimes not written in the law but are understood as all to be offenses. — The Philippines does not have common law crimes. Thus, even if the act be socially or morally wrong, its commission incurs no criminal liability if the act is not punishable by a particular provision in penal law or special penal law. IV. Power to Define and Punish Crimes — The state, as part of its police power, has a large measure of discretion and possesses the authority to define and punish crimes and lay down the rules of criminal procedure. — This power is given to the state by its people in order for the former to be able to look after the rights of the latter. V. Limits to the Power of Law-Making Bodies — No ex post facto law or a Bill of Attainder.

Bill of Attainder à a legislative act which inflicts punishment without trial. Its essence is the substitution of legislative act for a judicial determination of guilt. Cannot enact laws that punish people without due process. o

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VI. Why Ex Post Facto Laws are Prejudicial to the Accused 1. Makes criminal an act, which before the law’s passage was innocent. 2. Aggravates a crime. 3. Changes the punishment and inflicts a greater penalty than the law annexed to the crime when committed. 4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense. 5. Imposes penalty or deprivation of a right for something which when done was lawful. 6. Deprives a person accused of a crime some lawful protection which he was entitled to, such as the protection from a former conviction or acquittal. VII. Constitutional and Statutory Rights — Constitutional Rights (Article III, Bill of Rights, 1987 Constitution) o Bill of Rights states that the accused has the right to speedy trial, due process, right against self incrimination, free access to the courts, etc. — Statutory Rights are found in and created by statutes o Section 1 Rule 115 of the Revised Rules in Criminal Procedure states that the accused have the right to be informed of accusations against him, confront and cross-examine witnesses, make appeals, etc. VIII. Can an Accused Waive his Rights? — YES but only those that affect only him and not society

Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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He can waive his right to cross-examine but he cannot waive his right to be informed of the crime

IX. Characteristics of Criminal Law — General o Binding on all persons who live or sojourn in the Philippines. — Territorial o Criminal Law undertakes to punish crimes committed within Philippine territory — Prospective o Forward Looking and never retroactive X. The Military — General Rule: Jurisdiction of civil court over a case is not affected by the military character of the accused. o When the military courts takes cognizance of a case involving a person subject to military law, the Articles of War apply. The Revised Penal code and other penal law is not applicable. — Members of the military can be tried under civil court because military courts and civil courts have concurrent jurisdiction. o This is true even in times of war provided that (a) the crime was not committed where hostilities are in progress, and (b) the civil courts are functioning. o US v. Sweet § Sweet was a member of the US military. He claimed that because of this, our courts had no jurisdiction over him and the case filed against him. § The fact that he was a member of the US military did not affect the jurisdiction of the civil courts unless special legislation said otherwise

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For a member of the military to be tried in military court, his offense must be service- oriented (Articles of War). o Article 63 à Disrespect toward the President o Article 64 à Disrespect toward superior court o Article 67 à Conduct Unbecoming of an Officer and a Gentleman. o Article 97 à General Article. The Revised Penal Code is not applicable when the Military Court is in charge of the case though the said court can refer to the RPC when considering what penalty to give. Once tried in a military court, that same case cannot be tried in a civil court and vice versa. War criminals are triable by Military Commission.

XI. Exceptions to the applicability of the RPC — Laws and Treaties of preferential application o Bases Agreement à March 14, 1947 o RP-US Visiting Forces Agreement àFebruary 10, 1998 o Republic Act 75 à October 21, 1946 Republic Act No. 75 — RA No. 75 works in favor of diplomatic representatives and their domestic servants (Section 4). — Exception: When the process against servant (who is a citizen of the Philippines) is founded on debt contracted before he entered such service (Section 5). — Not applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives. Persons exempt from the operation of our criminal laws by virtue of the principles of public international law — II Hyde International Law: as a principle of international law, the following are not subject to the operation of our criminal laws: o Sovereigns and other chiefs of state.

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Ambassadors, ministers, plenipotentiary, ministers resident, and charges d’affaires.

XII. Exceptions to the prospective application of criminal laws: New Statutes that are more lenient or favorable to the accused — Must be favorable to the accused in order for it to be followed as long as (a) accused committed act before the new statute came out, and (b) he is not a habitual criminal. XIII. Different Effects of Repeals on Penal Law — If the penalty in the repeal is lighter, it shall be applied to the case except if accused is a habitual criminal. — If the penalty in the repeal is heavier, the law in force when the offense was committed shall be applied. — If the new law totally repeals the old law, the crime is obliterated. o People v. Tamayo § While the case was pending, the ordinance violated was repealed. § The accused was acquitted. — If the new law simply reenacts the old law, criminal liability is not destroyed. o US v. Cuna § Accused was charged with selling opium § While the case was pending, a new law against opium was passed which still included the act done by the accused § The new law does not take away the criminal liability of the accused — If both old law and new law punish the same offense, offender can be tried in the law which is more favorable to him – provided that the old law was still in place when he committed the offense.

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If the new law fails to penalize an act (punishable under the old law), it is no longer punishable. o Cessante ratione legis cessat ipsa lex § The reason for the law ceasing, the law itself also ceases. o People v. Sindiong and Pastor § Accused was prosecuted from neglecting to make a return of the sales of newspapers and magazines within time prescribed as stated in law. § While case was pending, a new law was passed wherein the act of the accused was no longer included as punishable. § The accused were acquitted. If someone is mistakenly accused and convicted under a repealed law, he may be tried again under the new law as long as such an offense still exists in the law. Self repealing laws (laws with expiry dates) are self executing.

XIV. Construction of Penal Laws — Penal Laws are strictly construed against government and liberally in favor of the accused. o This does not apply if the law is clear and unambiguous. o People v. Garcia § Respondent accused of violating a law prohibiting the selling of PCSO tickets without being authorized § Accused claims he sold llave tickets § Respondent is acquitted because the law does not expressly prohibit the selling of llave tickets — The Spanish text is superior to the English text. o People v. Mangulabnan § Respondent fires a gun upwards while committing a robbery.

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Respondent ends up killing the owner of the house who was situated on the floor above him Respondent is accused of robbery with. homicide because though the English text says that the killing should be intentional for it to be homicide, the Spanish text says that homicide can take place even by mere accident.



The Revised Penal Code I. History — September 4, 1884 à Royal Decree ordering penal code in the Peninsula to be published and applied in the Philippines — December 17, 1886 à Royal Order directed the execution of the September 4, 1984 decree — March 13 & 14, 1887 à Penal Code published in the Official Gazette of Manila — July 14, 1897 à Penal Code takes effect — October 18, 1927 à A committee was created by Department of Justice Administrative Order No. 94 to revise the penal code, taking into consideration the existing conditions and the special laws and ruling laid down by the Supreme Court. o Anacleto Diaz as chairman, Quintin Paredes, Guillermo Guevara, Alex Reyes and Mariano H. De Joya. o The RPC does not embody the latest progress of criminal science, as the results of the application of advanced and radical theories “still remains to be seen.” — December 8, 1930 à draft of the Revised Penal Code approved. — January 1, 1932 à RPC takes effect. o Felonies and misdemeanors committed prior this were punished in accordance with the Code or Acts in force at the time of their commission, as directed by Article 366.

II. Content — Book I o Basic principles affecting criminal liability (Art. 1-20) o Provisions on penalties including criminal and civil liability (Art. 21-113) — Book II o Definition of felonies with the corresponding penalties (art. 114-365) III. Theories that guided the RPC — Classical o The basis of criminal liability is free will and the purpose of the penalty is retribution. o Man is seen as an essentially moral creature. Thus, more emphasis on the act and its effect rather than on the person who committed the act. o Establishment of a mechanical and direct proportion between crime and punishment. — Positivist o Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his volition. o Crime is a natural and social phenomenon; each case is different. — The RPC is guided primarily by the Classical theory though it is also partly influenced by the Positivist Theory.

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PRELIMINARY TITLE DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS Article 1. – Time when Act takes effect This code shall take effect on the first day of January, nineteen hundred and thirty two. Article 2. – Application of its provisions. 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 internal waters and maritime zone, but also outside of its jurisdiction, 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 a public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the acts against national security and the law of nations, defined in title one of book two of this code. POINTS I. Important Phrases — Its atmosphere

Penal laws extend to all their air space which covers the territory, subject to the right of way or easement in favor of foreign aircrafts. Interior Waters o Bodies of water within the 3 mile limit Maritime Zone o 3 miles from the coastline starting from the low water mark o 12 miles measured in a straight line from headland to headland o Established through international treaties o

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II. Human Security Act of 2007 (RA 9372) — Has provisions providing for extra-territorial application subject to existing treaties and laws of preferential application — The Act shall apply to: o Persons committing a crime within the Philippine territory o Persons involved in a crime within the Philippine territory despite being physically outside of the territory o Persons who commit an offense while on a Philippine ship or airship o Persons who commit crimes within our embassies, consulates, and other diplomatic premises occupied by the Philippine government in an official capacity o Any person committing a hate crime against Filipinos o Any person committing a crime directly against the Philippine government PAR. 1: The RPC with regards offenses on a Philippine ship or airship — Does not apply when the ship or airship is within foreign territory. — Does not apply if ship or airship is not properly registered with the Philippine Bureau of Customs even if owner is Filipino.

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Does not apply if the crime is committed in high seas (i.e. areas of the seas not belonging to any one country), BUT the vessel is not registered or licensed in the Philippines.

I. The RPC and Foreign ships or airships — Continuing offense: o Defined as forbidden conditions existing while the ship or airship was in our territory even if such conditions already existed prior to its entry into our territory. o Continuing offense is punishable by our courts. — When a foreign merchant vessel enters the 3-mile limit, the ship’s officers and crew are subject to the jurisdiction of our courts. o Disorders which disturb only the peace of the ship or those on board are to be dealt exclusively by the sovereignty of the home of the ship. o Disturbances which may affect public peace of the Philippines may be suppressed and the offenders may be punished by Philippine authorities. — With regards foreign ships, the Philippines follows the English Rule: o French Rule – crimes are not triable unless they affect the peace and security of the territory and safety of the state. o English Rule – crimes are triable unless they only involve matters within the vessel. — Absolutely no jurisdiction over foreign war ships. II. Crimes not involving a breach of public order committed on board a foreign merchant vessel in transit are not triable by our courts — Carrying opium on a ship which is in transit is not triable in our courts. BUT, when the opium is landed, it is within our jurisdiction because such act is an open violation of the laws of the Philippines (US v. Look Chaw).

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Smoking opium on a ship while it is in transit is triable because it affects our territory (atmosphere) (People v. Wong Cheng). A person who is carrying opium and who is on board a foreign merchant ship may be liable for illegal importation of opium (US v. Ah Sing).

PAR. 2: SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY OF THE PHILIPPINE ISLANDS, OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE PHILIPPINE ISLANDS. “AND” PAR. 3: SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THESE ISLANDS OF THE OBLIGATIONS AND SECURITIES MENTIONED IN THE PRECEDING NUMBER. I. Why are people who introduce forged or counterfeit obligations and securities being punished? — They are being punished because such acts have an effect on our economy — Thus, any person who makes counterfeits in a foreign country may be prosecuted before our courts for violation of Article 163 (coins or currency counterfeit) OR Article 166 (forging securities or obligations) of the RPC. PAR. 4: WHILE BEING PUBLIC OFFICERS OR EMPLOYEES SHOULD COMMIT AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS I. Does the RPC apply to public servants and employees who commit their offenses abroad? — Yes as long as it was during the exercise of their functions. PAR. 5: SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS, DEFINED IN TITLE ONE, BOOK TWO OF THIS CODE.

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CRIMINAL LAW 1 REVIEWER I. Examples of offenses against national security and the law of nations — Treason, conspiracy and proposal to commit treason, espionage, inciting to war and giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight to enemy’s territory, piracy and mutiny on the high seas.

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