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CRIMINAL LAWI. Revised Penal Code / Special Laws, Presidential Decrees, and Executive OrdersA. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including relatedSpecial Laws1. FUNDAMENTAL PRINCIPLESDefinition of Criminal Law(1) Criminal law is that branch of municipal law which defines crimes, treats of their nature andprovides for their punishment.(2) It is that branch of public substantive law which defines offenses and prescribes their penalties. Itis substantive because it defines the state’s right to inflict punishment and the liability of theoffenders. It is public law because it deals with the relation of the individual with the state.DIFFERENCE BETWEEN MALA IN SE AND MALA PROHIBITAViolations of the Revised Penal Code are referredto as malum in se, which literally means, that theact is inherently evil or bad or per se wrongful. Onthe other hand, violations of special laws aregenerally referred to as malum prohibitum.Note, however, that not all violations of speciallaws are mala prohibita. While intentional feloniesare always mala in se, it does not follow thatprohibited acts done in violation of special laws arealways mala prohibita. Even if the crime ispunished under a special law, if the act punished isone which is inherently wrong, the same is malumin se, and, therefore, good faith and the lack ofcriminal intent is a valid defense; unless it is theproduct of criminal negligence or culpa.Likewise when the special laws requires that the1. As to moral trait of the offenderIn crimes punished under the RevisedPenal Code, the moral trait of the offenderis considered. This is why liability wouldonly arise when there is dolo or culpa inthe commission of the punishable act.In crimes punished under special laws, themoral trait of the offender is notconsidered; it is enough that the prohibitedact was voluntarily done.2. As to use of good faith as defenseIn crimes punished under the RevisedPenal Code, good faith or lack of criminalintent is a valid defense; unless the crimeis the result of culpaIn crimes punished under special laws,good faith is not a defenseE l m e r P . B r a b a n tepunished act be committed knowingly and willfully,criminal intent is required to be proved beforecriminal liability may arise.When the act penalized is not inherently wrong, itis wrong only because a law punishes the same.For example, Presidential Decree No. 532punishes piracy in Philippine waters and thespecial law punishing brigandage in the highways.These acts are inherently wrong and although theyare punished under special law, the actsthemselves are mala in se; thus, good faith or lackof criminal intent is a defense.Distinction between crimes punished under theRevised Penal Code and crimes punished underspecial laws3. As to degree of accomplishment of thecrimeIn crimes punished under the RevisedPenalCode,thedegreeofaccomplishment of the crime is taken intoaccount in punishing the offender; thus,there are attempted, frustrated, andconsummated stages in the commission ofthe crime.In crimes punished under special laws, theact gives rise to a crime only when it isconsummated; there are no attempted orfrustrated stages, unless the special lawexpressly penalize the mere attempt orfrustration of the crime.4. As to mitigating and aggravatingcircumstancesC R IM IN A L LA W R E V IE Wfo r th e 2 0 1 2B ar E xamsP age 262

In crimes punished under the RevisedPenal Code, mitigating and aggravatingcircumstances are taken into account inimposing the penalty since the moral traitof the offender is considered.In crimes punished under special laws,mitigating and aggravating circumstancesare not taken into account in imposing thepenalty.5. As to degree of participationIn crimes punished under the RevisedPenal Code, when there is more than oneBasisModifyingcircumstancesDegree ofparticipationStage ofaccomplishmentMoral turpitudeLaw violatedoffender, the degree of participation ofeach in the commission of the crime istaken into account in imposing the penalty;thus, offenders are classified as principal,accomplice and accessory.In crimes punished under special laws, thedegree of participation of the offenders isnot considered. All who perpetrated theprohibited act are penalized to the sameextent.There is no principal oraccomplice or accessory to consider.Mala in SeMoral state of the offender; hence, goodfaith or lack of criminal intent is adefense.Taken into account in imposing thepenalty on the offender preciselybecause his moral trait is the basis ofhis crime. Hence, greater perversitydeserves a higher penalty; whereas,lesser depravity deserves mitigation.Penalty is computed on the basis ofwhether the malefactor is a principaloffender, or merely an accomplice oraccessory.The penalty imposed depends onwhether the crime is consummated,frustrated or attempted.Generally involve moral turpitudelogically, so for its basis is the moralstate of the offender.Generally, the Revised Penal Code.Mala ProhibitaVoluntariness; hence, good faith or lackof criminal intent is not a defense, unlessintent is an element of the crime such asin Sec. 3[e] of RA 3019.Not considered because the law intendsto discourage the commission of the actspecially prohibited.The penalty on the offenders is the sameas they are all deemed principals.Violation of law is punished only whenaccomplished or consummated becauseintent is inherent in attempted orfrustrated stage and intent is not relevantin crimes mala prohibita.Not involved because the act would nothave been wrong if not for the prohibitionof law.Generally, special penal laws.SCOPE OF APPLICATIONArt. 2. Application of its provisions. — Except asprovided in the treaties and laws ofpreferential application, the provisions of thisCode shall be enforced not only within thePhilippineArchipelago,includingitsatmosphere, its interior waters and maritimezone, but also outside of its jurisdiction,against those who:1. Should commit an offense while on aPhilippine ship or airship;2. Should forge or counterfeit any coin orcurrency note of the Philippine Islandsor obligations and securities issued bythe Government of the PhilippineIslands;E l m e r P . B r a b a n te3. Should be liable for acts connected withthe introduction into these islands of theobligations and securities mentioned inthe presiding number;4. While being public officers or employees,should commit an offense in theexercise of their functions; or5. Should commit any of the crimes againstnational security and the law of nations,defined in Title One of Book Two of thisCode.The provision in Article 2 embraces two scopes ofapplications:C R IM IN A L LA W R E V IE Wfo r th e 2 0 1 2B ar E xamsP age 262

(1) Intraterritorial – refers to the application ofthe Revised Penal Code within thePhilippine territory;(2) Extraterritorial – refers to the application ofthe Revised Penal Code outside thePhilippine territory.Intraterritorial applicationIn the intraterritorial application of the RevisedPenal Code, Article 2 makes it clear that it doesnot refer only to Philippine archipelago but it alsoincludes the atmosphere, interior waters andmaritime zone. So whenever you use the wordterritory, do not limit this to land area only.As far as jurisdiction or application of the RevisedPenal Code over crimes committed on maritimezones or interior waters, the Archipelagic Ruleshall be observed. So the three-mile limit on ourshoreline has been modified by the rule. Anycrime committed in interior waters comprising thePhilippine archipelago shall be subject to our lawsalthough committed on board a foreign merchantvessel.not within the territorial waters of a foreign country,Philippine laws shall govern.Extraterritorial applicationExtraterritorial application of the Revised PenalCode on crime committed on board Philippine shipor airship refers only to a situation where thePhilippine ship or airship is not within the territorialwaters or atmosphere of a foreign country.Otherwise, it is the foreign country’s criminal lawthat will apply.However, there are two situations where theforeign country may not apply its criminal law evenif a crime was committed on board a vessel withinits territorial waters and these are:(1) When the crime is committed in a warvessel of a foreign country, because warvessels are part of the sovereignty of thecountry to whose naval force they belong;(3)When the foreign country inwhose territorial waters the crime wascommitted adopts the French Rule, whichapplies only to merchant vessels, exceptwhen the crime committed affects thenational security or public order of suchforeign country.A vessel is considered a Philippine ship only whenit is registered in accordance with Philippine laws.Under international law, as long as such vessel isCHARACTERISTICS OF THE PHILIPPINE CRIMINAL LAW1. Generality2. Territoriality3. ProspectivityGeneralityPenal laws and those of public security and safetyshall be obligatory upon all who live or sojourn inthe Philippine territory, subject to the principles ofpublic international law and to treaty stipulations(Art. 14, NCC).(1)The law is binding upon allpersons who reside or sojourn in thePhilippines, irrespective of age, sex, color,creed, or personal circumstances.(2)Generality of criminal law meansthat the criminal law of the countrygoverns all persons within the countryregardless of their race, belief, sex, orcreed. However, it is subject to certainexceptions brought about by internationalagreement. Ambassadors, chiefs of statesand other diplomatic officials are immunefrom the application of penal laws whenthey are in the country where they areE l m e r P . B r a b a n teassigned. Note that consuls are notdiplomatic officers. This includes consulgeneral, vice-consul or any consul in aforeign country, who are therefore, notimmune to the operation or application ofthe penal law of the country where theyare assigned. Consuls are subject to thepenal laws of the country where they areassigned.(3)It has no reference to territory.Whenever you are asked to explain this, itdoes not include territory. It refers topersons that may be governed by thepenal law (Dean Ortega).Territoriality(1)The law is applicable to all crimescommitted within the limits of Philippineterritory, which includes its atmosphere,interior waters and maritime zone (Art. 2).(2)Territoriality means that the penallaws of the country have force and effectonly within its territory. It cannot penalizeC R IM IN A L LA W R E V IE Wfo r th e 2 0 1 2B ar E xamsP age 262