Lesson 1 Introduction To Criminology1

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CRIM 1 Nor-Alissa M. Diso, RCRIM
LESSON 1 INTRODUCTION TO CRIMINOLOGY
Learning Objectives:
1. Define Criminology
2. Understanding the concept of the study of criminology
3. Understanding the term criminology
4. Elaborate Construction of Penal laws
INTRODUCTION
The prevalence of crimes and criminals is universal and
its existence is as old as the world has existed. And, from
its existence up to the present times, studies on modern
techniques in crime prevention, correctional methods and
advanced studies in crime etiology had been pursued by many
scholars and advocates of criminology. Yet, until today,
nothing clear and concrete had been formulated for its total
remedy, - the reason why, much have been searched and re-
searched to discover effective methods in combating
criminalities, identifying factors that lead to the cause of
crimes and identifying behavior of a would-be offender.
The above statements encompass the study of criminology.

As has been stated in several books on criminology, this
study is “a branch of social science, whose field of study
is interdisciplinary”. It covers the contribution to
criminology of different disciplines like law, jurisdiction,
jurisprudence, anthropology, sociology, history, medicine
and other allied disciplines.
Criminology is a science which deals with the study of

crime, the study of forms of criminal behavior, the causes
of crime, the definition of criminality, and the societal
reaction towards criminal activity. It must be understood
that the study of criminology is closer to the study of
psychology than to criminal justice because it studies the
minds ad behaviors of criminals as opposed to their criminal
conduct.
In the study of criminology, related areas of inquiry may

include studies in juvenile delinquency, victimology,
theories of prevention, policing and corrections.
Criminologists nowadays had shifted emphasis in their

study of crime, to the nature of victims, focusing on their
relationship with the criminal, and their role as potential
causal agents of crime. The offender may not have the sole
responsibility why a crime had taken place, but the
participation of the victim in the crime incident must also
be taken into consideration.
Introduction to Criminology (S.Y. 2020-2021) 10

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Victimology as a science and as part of the study of
criminology is gaining the attention of scholars and
popularity. Victimilogists are greatly concerned in
dissecting “victim blaming - victim defending” process in
crime. It is hoped that through the scientific study of
victimization, crime may be minimized.
WHY STUDY THE SCIENCE OF CRIMINOLOGY?
The study of the science of criminology does not only

make one a good investigator,a fine criminologist or an
outstanding police officer but one can:
1.gain better understanding of the basic
importance,purposes,nature and scope of criminology as a
field of interest;
2.develop critical thinking in learning the different
theories and factors of crime- causation;
3.develop awareness,appreciation and recognition of the
contributions of the pioneer proponents of criminology;
4.examine the relationship of the present theories of
crime to everyday experiences;
5.identify Philippine Correctional Institutions,and
evaluate its effectiveness,systems, processes and methods in
crime and criminal control;
6.gain better understanding and apply theoretical
aspects-(nature,principles and concepts)of law to different
types of crimes and criminals;
7.develop skills in identifying and distinguishing
typologies of crimes and the criminal;
8.become aware of the concepts and processes of
victimization
APPLICABILITY OF THE TERMS
A lot of people may have heard of the familiar terms

“criminologist” and “criminalist” but how much do they well
know the terms? In studying criminology, the learner must
first be well informed of the nature and purposes of a
criminologist and a criminalist. Likewise, the learner
should be able also to distinguish the nature and purposes
of a criminologist and a victimologist.
The terms “criminologist” and “criminalist” are compared

in Table 1 as to their definition, purpose, nature of job,
typical function, place of work, and important skills,
knowledge and qualities needed to do the job.
Table 2 compares and explores the nature of study in

Criminology as compared to the nature of study in
Victimology.
Table 1 and 2 are presented in succeeding pages.

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TABLE 1
COMPARATIVE ASPECTS OF CRIMINOLOGIST AND CRIMINALIST

Criminologist Criminalist
As to: Is often defined as someone who Identifies, examines,
Definitio studies the ethiology of crime, compares, analyzes, and
n and attempts to provide interprets physical
explanations as to who and why evidence.
crimes are committed
Purpose To master various Performs and/or manages
elements/things that are related forensic analysis of
to the commission of crime, to physical evidences from
study and understand human criminal cases.
behavior, helps shape public
policy by advising policy makers
on the trends of originality
Nature of Primarily involved in research Objectively examines
job and teaching; supplies a great physical evidence using
deal of knowledge to the study investigative skills and
of policing, police practical experience; uses
administrations and policy, scientific application of
juvenile justice and important evidence from
delinquency, corrections trivial evidence; uses
correctional administration and scientific methods in that
the application of the science are useful to the trial or
of victimology investigation; interprets
evidence and the results
of various tests in order
to determine truth;
supplies written report of
findings and offers expert
testimony in court.
Typical Analyzes criminal behavior and Interprets laboratory

Function the method he/she employs; findings and test results
develops profiles of criminals to identify and classify
and criminal behavior using substances, materials and
research and studies that other evidence collected
examines psychological behavior, at the crime scene;
social issues, environmental examine tests and analysis
factors and biological factors; using recording, measuring
helps in making crime statistics and testing equipment;
into usable tools for law testifies as an expert in
enforcement agencies; provides court; processes and
theoretical explanations for interprets crime scene;
criminal and delinquent behavior transports physical
evidence to a forensic
laboratory for analysis.
Place of Some conducts research while Forensic laboratories in

work teaching; others may be employed police departments,
by public law enforcement medical examiner’s
agencies or private offices, colleges, and
investigation, security or universities, attorney’s
detective agencies office and other private
companies
Important 1. Reading comprehension 1. Forensic science

skills, 2. Problem identification 2. Public safety and
knowledge 3. Information gathering security
, 4. Information organization 3. Chemistry
qualities 4. Critical thinking
needed to 5. Information ordering

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do the
job

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TABLE 2
STUDY OF CRIMINOLOGY VS. VICTIMOLOGY

CRIMINOLOGY VICTIMOLOGY
Studies the offender’s Studies why some individual
motives to uncover the root households or entities are
cause of crime victimized while others are
not
Recognizes that most people Realizes that anyone can
occasionally break certain suffer the misfortune of
laws being at a wrong time at a
wrong place and wonder why
some are frequently targeted
than other group
Explores how social, economic Examines personal and social
and political conditions factors and cultural
generate criminal activity imperatives that compel some
people to put their lives in
danger
Study shows that criminal Victims may have been taught
behavior can be learned to play their subordinate
through interaction role
UNDERSTANDING THE CONCEPT OF THE STUDY OF CRIMINOLOGY
Crimes and criminals emanate within society. A society is

“a structured community of people”, bound together by
similar traditions, institutions, or nationality. Its
components are people, jurisdictions and laws. These
components complete the full essence of a Social Contract.
In a state, men established the society through a social

contract whereby men were privileged and righted by the
state to live in a certain jurisdiction provided that men
shall surrender some of their social liberties in return for
the security and safety that the state provides for them
(Police Power). Laws of the state became a means of
preventing men from encroachment at other man’s freedom.
Whenever one encroaches the freedom of another, punishment
becomes a tool in giving justice to such violation. It goes
further that when one violates the law of the land, he shall
suffer penalty imposed by the state - either by paying a
fine or serve an imprisonment.
Relatively, a society without rules and regulations to

regulate man’s behavior may create chaos and and disorder.
Since man is endowed with free will, significantly, he has
that ability and capability to do what he wants and shall do
anything (legal or illegal) in order to sustain his social
needs, despite the law. It is in this aspect in which the
study of criminology shall enlighten us on how and why man
succumbs to criminality.
The graph below will help us more in understanding and

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conceptualizing what components and elements are included in
the study of criminology.
Conceptual Framework
Study of Criminology
In a society, people has the freedom to choose a place to

live(jurisdiction). Each segment of the society which we
call "Jurisdiction" is essentially made up of culture, norms
and traditions which greatly influence the development of
rules, laws, regulations or statutes. Within that
jurisdiction, rules and statutes are promulgated by the
people themselves and enforce obedience to it to safeguard
their interests. But men either observe or disregard it,
depending on his/her mind-set, behavioral aptitude, and
environmental influences. Thus we find crimes and criminals
within the said society.
Whenever he/she violates the social contract,the state

questions her/his violation and provide sanctions for such
violations-in the legal point of view. But, in the
criminologist's point of view, the question is focused on
the behavior of the individual, finding the causes why he is
able to break the law. Often, the causes of criminal
behavior is traced back on either the psychological,
biological, personality, environmental or psycho-social
factors which may had contributed to the development of the
individual's anti-social behavior.
Laws of the State define what crime is,and who is the

criminal. The violator is examined about the circumstances
that caused him to violate the law, and process him in the
criminal justice system.The State after finding the violator
guilty of the act he committed, provides penalty or
punishment commensurate to the gravity of the act

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committed(as provided for in Penal Laws). Punishment in the
old concept, or corrections in modern times,is applied to
the violator for regressing the law in order to correct his
undesirable behavior or commit him/her to an institution,
not necessarily the prison or jail, which helps rehabilitate
or reform his behavior. It is the goal of the correctional
institutions to prepare the individual for re-integration
into the community, through correctional programs.
Correctional programs processes may either be in the from of
institutionalized or community based process.
UNDERSTANDING THE TERM CRIMINOLOGY
CRIMINOLOGY
According to Edwin H. Sutherland, “criminology is the

entire body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of
making of laws, of breaking of laws, and the society’s
reaction towards the breaking of laws.”
Criminology is a body of knowledge regarding crimes,

criminals and the efforts of society to prevent and repress
them.
the scientific study of the causes of crime in relation to
man and society who set and define rules and regulations for
himself and others to govern
Criminologist (R.A. 6506)
- any person who is a graduate of the Degree of

Criminology, who has passed the examination for
criminologists and is registered as such by the Board of
Examiners of the Professional Regulation Commission (PRC).
Origin of the word “Criminology”
Etymologically, the term criminology came from the Latin

word “crimen” meaning crime and Greek word “Logos” which
means “to study”.
In 1885, Rafael Garofalo, an Italian Law Professor coined

the term criminologia.
In 1889, Paul Topinard, French Anthropologist, used the
term criminology in French criminologie for the first time

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ASSESSMENT NO. 1 SELF-EVALUATION
1. Why is the study of criminology? Is it a science or an

art?
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2. What is the significance of studying criminology?
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LESSON 2 CRIMINOLOGY, CRIMES, AND CRIMINALS
1. Discuss the four (4) Divisions of Criminology

2. Understanding the scope of criminology
3. Discuss nature of criminology
4. Elaborate the crimes and criminals
5. Distinguish the classifications of crimes and criminals
Principal Divisions of Criminology
1. Etiology of Crimes – the scientific analysis of the

causes of crimes and the criminal behavior.
2. Sociology of Law – refers to the investigation of the
nature of criminal law and its administration
3. Penology – the study of the control of crimes and the
rehabilitation of offender
Is criminology a science?
According to George Wilker, criminology cannot become a

science because it has not yet acquired universal validity.
Edwin H. Sutherland, the Dean of Modern Criminology, hoped
that it will become a science in the future since the causes
of crimes are almost the same which may be biological,
environmental or combination of the two.
Nature of Criminology
1. It is applied science because criminology as a body of

knowledge has already established universally accepted
principles and concepts and these are used by other field of
study. (INSTRUMENTATION)
2. It is a social science because it studies crime as a
social phenomenon. Crime is a social problem which has a
great impact to society.
3. It is dynamic because the concepts of criminology and
their applications adapt to the changing time.
4. It is nationalistic because the study of criminology
takes into consideration the history, the culture and the
social norms and the laws of the country. Each country has
its own set of laws and crimes are defined by the laws of
the country.
Scope in the Study of Criminology
1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of
criminals
3/ Study of the other sciences that examine criminal
behavior using scientific methods such as:
a. criminal demography – the study of the relationship
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between criminality and population
b. criminal epidiomology – the study of the relationship
between environment and criminality
c. criminal ecology – the study of criminality in
relation to the spatial distribution in a community criminal
physical d. anthropology – the study of criminality in
relation to physical constitution of men
e. criminal psychology – the study of human behavior in
relation to criminality
f. criminal psychiatry – the study of human mind in
relation to criminality
g. victimology – the study of the role of the victim in
the commission of a crime
CRIMES AND CRIMINALS
CRIME
– refers to an act committed or omitted in violation of

public law (Phil. Law Dictionary).
It also refers to an act committed or omitted in

violation of a public law forbidding or commanding it (Reyes
2006.
CLASSIFICATION OF CRIMES LEGAL CLASSIFICATIONS:
A. According to law violated

1. Felony – an act or omission punishable by law which is
committed by means of dolo (deceit) or
culpa (fault)and punishable under the Revised Penal Code
2. Offense – an act or omission in violation of a special
law
3. Infraction – an act or omission in violation of a city or
municipal ordinance
B. According to the manner of committing crime:

1. By means of dolo or deceit – if the crime is committed
with deliberate intent. Thus, it is called intentional
felonies.
freedom or voluntariness
intelligence
intent
2. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious
and the injury caused by the offender is unintentional, it
being the simply the incident of another act performed
without malice
lack of foresight
lack of skill
negligence
Imprudence
C. According to the stages in the commission:

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1. Attempted – the crime is attempted when the offender
commences the commission of a felony directly or over acts,
and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other
than this own spontaneous desistance.
2. Frustrated - when the offender performs all the acts of
execution which would produce the felony as a consequence
but which, nevertheless do not produce it by reason of
causes independent of the will of the perpetrator.
3. Consummated - when all the elements necessary for its
accomplishment and execution are present
D. According to plurality:
1.Simple Crime – is a single act constituting only one
offense.
2. Complex Crime – single act constituting two or more grave
felonies or an is a necessary means for committing the other
Two (2) Kinds of Complex Crime:

1. compound crime (delito compuesto)
2. complex crime proper (delito complejo)
E. According to gravity:
1. Grave felonies - are those to which the law attaches the
capital punishment or penalties which in any of their period
are afflictive.
2. Less grave felonies - are those which the law punishes
with penalties which in their maximum period are
correctional.
3. Light felonies - are infraction of laws for the
commission of which the penalty of arresto menor or a fine
not exceeding 200 pesos or both is provided.
F. According to the nature of the act:

1. Crimes mala in se – are acts that are inherently evil.
Examples are murder, robbery, etc.
2. Crimes mala prohibita – are acts which are prohibited
only because there are laws forbidding such acts. Examples
are Illegal Possession of firearms, Traffic Violations, etc.
CRIMINOLOGICAL CLASSIFICATIONS OF CRIME
G. According to the result of the crime:

1. Acquisitive crime – if the offender acquired or gained
something by committing the crime. Examples are robbery,
estafa, bribery, etc.
2. Destructive crime – if the crime resulted in destruction,
damage or even death. Examples are arson, murder and
homicide, damage to property, etc.
H. According to the time or period of commission:

1. Seasonal crimes – are crimes that happen only during a
particular season or period of the year. Examples are
violation of election law, tax law violations, etc.
2. Situational crimes – are crimes committed when the
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situation is conducive to the commission of the crime and
there is an opportunity to commit it. Examples are
pickpocketing, theft, etc.
I. According to the length of time of the commission:

1. Instant crimes – are those crimes that can be committed
in a very short time. Example: theft
2. Episoidal crimes – are crimes committed through series of
acts or episodes and in much longer time. Example: serious
illegal detention
J. According to place or location:

1. Static crimes – are committed only in one place. examples
are theft and robbery
2. Continuing crimes – are crimes that take place in more
than one place or several places. examples: abduction,
kidnapping, etc.
K. According to the use of mental faculties:

1. Rational crimes – when the offender is capable of knowing
what he is doing and understanding the consequences of his
actions.
2. Irrational Crimes – when the offender suffers from any
form of mental disorders, insanity or abnormality. Thus, the
offender doesn’t know what he is doing.
L. According to the type of offender:

1. White Collar Crimes – crimes committed by those persons
belonging to the upper socio-economic status or in the
course of his occupational activities.
2. Blue Collar Crimes – are those crimes committed by
ordinary criminals as a means of livelihood.
CRIMINAL
- in the legal sense, a criminal is any person who has

been found to have committed a wrongful act in the course of
the standard judicial process; there must be a final verdict
of his guilt in the criminological sense, a person is
already considered a criminal the moment he committed a
crime
CLASSIFICATIONS OF CRIMINALS
1. According to etiology
A. Acute criminal – is a person who committed crime as a
result of reacting to a situation or during a moment of
anger or burst of feeling.
B. Chronic criminal – is one who committed a crime with
intent or deliberated thinking.
C. Neurotic criminal – is one who has mental disorder.
D. Normal criminal – a person who commits crimes because
he looks up to, idolizes people who are criminals.
2. According to the type of offender:

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A. Ordinary criminal – a criminal who engages in crimes
which do not require specialized or technical skill
B. Organized criminal – is one who possesses some skills
and know-how which enable him to commit crimes and evade
detection.
C. Professional criminal – a highly skilled criminals
which are engaged in a large scale criminal activities ad
usually operate in groups.
3. According to criminal activities:

A. Professional criminal – a criminal who earns his
living through criminal activities.
B. Situational criminal – a person who got involved in
criminal act because the situation presented itself.
Habitual criminal – one who repeatedly commits criminal act
for different reasons.
C. Accidental criminal – a person who accidentally
violated the law due to some circumstances.

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1. Describe briefly the principal divisions of

criminology?
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2. Why do we consider crime as a social phenomenon?
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3. What makes a society a “structured community of

people”?
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LESSON 3 THE SOCIOLOGY OF LAWS IN THE CONTEXT OF CRIMINOLOGY
1. Relate the concept,principles and nature of law and its

significance to present social conditions
2. Distinguish various kinds and categories of law
This lesson discusses the origin, development and

structure of criminal law. In the study of criminology,
understanding of the sociology of laws is very important
because it provides scientific analysis of how laws
developed and how it affects human behavior. It also
provides an understanding of the differentiation between the
true meaning of criminal acts/behaviors from other acts or
other behaviors.
The study of the sociology of laws is an attempt at

scientifically analyzing the conditions under which criminal
laws evolved. Laws are devised to limit the "free will" of
men. Free will of men is regulated by both the “laws of the
state and laws of God”, on matters of how these laws had
developed and why it should be established, is part of the
study in criminology which can aid in understanding what
really are crimes and who are"criminals". This is
technically known as "sociology of laws" which explains how
laws had developed and why they had been established.
THE SUBJECT MATTER OF LAW
For many centuries,scholars and philosophers of

jurisprudence have attempted to find reasons to determine
the principles that encompass the development of criminal
law. Other principles had been presented such as the Divine
will, the will of the Sovereign, nature, reason, history,
and public opinion. In the 1920's,sociologists revived their
interest in the sociology of law and many of the recent
specialists have been influenced by Roscoe Pound,a major
figure in “Sociological Jurisprudence", who, more than fifty
years ago had also embraced the ideas of other sociologists
like E.A.Ross, Albion W.Small and Lester F.Waro.
Pound(19), stated that an answer to the question “What is

Law? is impossible because law is a living, and changing
thing, which could be based on sovereign will at one time
or, Juristic science on another time, which may at one time
be uniform and at another time give much room for judicial
discretion; which by certain reasons be very specific in its
prescriptions or at another time be very general.
Man's ability to preserve life is a Natural Law. This is

man's share in the Eternal Law of God.Such participation of
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man in the Eternal Law of God is manifested through his
reasons. Rational creatures are subject to Divine Providence
in a more excellent way by being wiser both for themselves
and for others. Therefore, he has a share on the eternal
reason whereby he has a natural inclination to his proper
acts and ends, and his participation in the eternal law of
the rational creature is called the Natural Law.
The Natural Law is corollary of the Eternal Law. It is an

extension of the Divine Order of things as comprehended by
human reason. Man is born with a natural disposition to
follow the natural law, for he uses the necessary means to
preserve his life as he lives in a society, begets and
educates children, enjoys companionship, or gets mutual
assistance, and many more. Man is also born with a natural
facility to know the basic truths as principles of the moral
order that good is to be done and promoted and evil is to be
avoided. But man is not born with a full knowledge of these
principles and finds by way of reasoning or of making
general or particular inferences. Man discovers the moral
order not by mathematical processes, but by a simple process
of his reason.
Sources of Criminal Law
Criminal law originated from two(2)major sources,namely:

1)Common law
2)Statutory law
1)Common law.
- Common law is that body of customs,precedents,and

traditions that developed overtime without formal
legislative action.Through test of time,common law has
persisted and gained ethical foundations and became common
to all jurisdiction as basis of good moral behavior.Most of
the common laws are derived from the Eternal Laws of God
whose differentiation is stated below:
A. Divine Law -is that system of rules which regulate the
operation of the universe according to the will and command
of God.It is a law believed to come directly from God.
Divine law includes natural law,moral law,human law and
physical law.
Example: Ten Commandments;all laws of God 22
B. Natural Law - that which is closely related to the

Divine Law; it is the sum total of all rules of life
established by divine inspiration and observed equally by
all nations.
Natural law is a body of rules of conduct that is

inherent in human nature and its essential to or binding
upon human society.
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Example: Life preservation

Law of nature
C. Moral Law - is the divinely prescribed rule regarding

moral conduct. It is a set of standards or patterns of right
or wrong developed in the public consciousness of every
community.
Example: Honesty
Voting with conscience
No cheating policy, and
Respect of elders
2. Statutory Law
- Statutory law includes those acts or omissions defined

as crimes through the legislative process.
In general, law maybe construed as any rule of action or

any expression of uniformity. It is a rule of conduct or
procedure recognized by a community as binding or
enforceable by authority, applied to all men with regularity
and equality.
Law has some divisions which include the following:
1. Law which is applicable to men or rational beings

only. This law is categorized into:
a. Law enforce by the State commonly known as:

- Positive Law,
- Civil Law, or
- State Law
b. Law not enforced by the State which include:

- Divine Law,
- Natural Law, and
- Moral Law
2. Law applicable to all matters including men insofar as

they are part of the physical world without regard to their
will or intelligence.
Example: Law on Commerce, Transportation laws, Property

laws, etc.
Sources of Philippine Criminal law
1. The Revised Penal Code otherwise known as Republic Act

3815;
2. Special Penal Laws; and
3. Presidential Decrees issued during Martial Law.

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Question - Are there any Common Law rules in the
Philippines?
 No, there are no common law rules in the Philippines.
The rule is that, if there is no law punishing such
crime, hence, there is no crime committed.
Question - Are Court Decisions be considered as one of the
sources of Criminal Law?
 No, because they merely explain the meaning of, and
apply the law as enacted by the legislative branch of
the government.
Question - Where does Criminal Law derive its power?
 The State has the authority, under its police power,
to define and punish crimes and to lay down the rules
of criminal procedure.

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1. How does criminal law treats the nature of crime?
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2. What limits the “free will” of a man?.
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LESSON 4 CRIMINAL LAW
1. Distinguish grave, less grave, and light felonies

2. Discuss offenses not subject to the provisions
STUDY OF CRIMINAL LAW
EVOLUTION OF CRIMINAL LAWS
A. PREHISTORIC CRIME AND PUNISHMENT

Primitive Tribes
- punishment may be in the form of ostracism and
expulsion
- adultery may be punished by the aggrieved husband
who may kill the adulterer and his own offending wife
- crime may be avenged by the victim himself or by the
victim’s family
B. THE EARLY CODES
1. CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the eighteenth
century BC, is recognized as the first codifier of
laws
- it provides the first comprehensive view of the laws
in the early days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit
for tat”,(an eye for an eye, tooth for a tooth)
appears throughout the Code
- under the principle of the law of talion, the
punishment should be the same as the harm inflicted on
the victim
2. THE HITTITES
- the Hittites existed about two centuries after
Hammurabi and eventually conquered Babylon
3. CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the
seventh century BC
4. LAWS OF SOLON
- Solon was appointed archon and was given legislative
powers
- Solon repealed all the laws of the Code of Drakon,
except the law on homicide
- Solon was one of the first to see that a lawgiver
had to make laws that applied equally to all citizens
and also - saw that the law of punishment had to
maintain proportionality to the crimes committed
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5. ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were
written in the middle of the sixth century BC
- the Twelve Tables were the foundation of all laws in
Rome and written in tablets of bronze
- the Twelve Tables were drafted by the Decemvirs, a
body - of men composed of patricians
CRIMINAL LAW
is that branch of public law which defines crimes treats

of their nature and provides for their punishment.
Revised Penal Code or Act No. 3815
- book that contains the Philippine Criminal Law and

different special laws and decrees which are penal in
nature. It is called as RPC because the old penal code which
took effect in the country on July 14, 1887 and was in force
until Dec. 31, 1931 was revised by the Committee created by
Administrative Order No. 94 of the Department of Justice,
dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman,
Alex Reyes and Mariano de Joya as members.The RPC was
approved on Dec. 8, 1930 and took effect on January 1, 1932.
Principal Parts of the RPC
It is composed of two books; book one which is composed

of Articles 1-113 and book two covering Articles 114-367.
1. Articles 1-20 – principles affecting criminal

liability
2. Articles 21-113 – penalties including criminal and
civil liability
3. Articles 114-367 – felonies
Characteristics of the RPC
1. Generality – the law is applicable to all persons within

the territory irrespective of sex, race, nationality or
civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly
accredited to our country
c. Foreign troops permitted to march within the territory
2. Territoriality - the RPC is applicable to felonies

committed within the Philippine territorial jurisdiction.
a. Philippine archipelago – all the islands that comprise
the Philippines
b. Atmosphere water – all bodies of water that connect
all the islands such as bays, rivers and streams
c. Maritime zone – the twelve (12) Nautical Mile limit
beyond our shore measured at low tide
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EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL

CODE:
The Revised Penal Code shall be applicable to all cases

committed outside the Philippine territorial jurisdiction
under the following circumstances:
1. should commit an offense while on Philippine ship or
airship;
2. should forge or counterfeit any coin or currency note
of the Philippine Island or obligations and securities
issued by the government of the Philippines;
3. while being a public officer or employee, should
commit an offense in the exercise of their functions’
4. should commit any of the crimes against national
security and law of nations
3. Prospectivity - the provisions of the RPC cannot be

applied if the act is not yet punishable on the time the
felony was committed. However, it may have a retroactive
effect if it is favorable to the accused who is not a
habitual delinquent.
4. It is specific and definite.
Criminal law must give a strict definition of a specific

act which constitutes an offense. Where there is doubt as to
whether a definition embodied in the Revised Penal Code
applies to the accused or not, the judge is obligated to
decide the case in favor of the accused. Criminal law must
be construed liberally in favor of the accused and strictly
against the state.
5. It is uniform in application.
An act described as a crime is a crime no matter who

committed it, wherever committed in the Philippines and
whenever committed. No exceptions must be made as to the
criminal liability. The definition of crimes together with
the corresponding punishment must be uniformly construed,
although there may be a difference in the enforcement of a
given specific provision of the penal law.
6. There must be a penal sanction or punishment.
Penal sanction is the most essential part of the

definition of the crime. If there is no penalty to a
prohibited act, its enforcement will almost be impossible.
The penalty is acting as a deterrence and as a measure of
self-defense of the state to protect society from the threat
and wrong inflicted by the criminal.
PRINCIPLES OF CRIMINAL LAW
Law in general is, any rule of action or any expression

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of uniformity. Law is applied to every violator regardless
of status, circumstances, and, and social standing. Law is
not discriminatory. It defines crimes, treats of their
nature, and provides for their punishment.
Criminal law defines crimes - it gives meaning to actions

violative of the law. It defines acts/behavior that would
constitute an act of crime.
Criminal law treats the nature of Crime - the yardstick

or criterion of crime emphasizes on acts injurious to the
public.
Crime is an act injurious to the public, prohibited by

law and punishable in the name of the State. The law is
concerned with the violation of the rules/law, while a
criminologist is concerned with the behavior of the
violator.
Blackstone, emphasizes the nature of crime as “an act

committed or omitted in violation of the public law either
forbidding or commending it”.
Professor Kenny stated that crimes are wrongs, whose

sanction is punitive, and is in no way remissible
(pardonable) by any private person.
Another emphasis on the treatment of criminal law on the

nature of crime is that, it is any wrong which the
government deems injurious to the public at large, and
punishes through a judicial proceeding in its own name.
Criminal law provides punishment for a crime - for every

violation of ac criminal law there is always a corresponding
punishment, equitable to the degree of offense committed.
Example: Heinous crimes such as murder, rape, or massacre

carry a penalty of death under the Revised Penal Code of the
Philippines.

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1. What is Criminal Law?
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2. What are the three (3) characteristics of criminal

law?
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CRIM 1 Nor-Alissa M. Diso, RCRIM