Principles of Criminal Laws

Wk1 Overt acts (Ginawa na)/ Covert
Principles of Criminal Laws acts (nasa isip palang)

Historical Background
When the Spanish colonizers Philosophies underlying Criminal Law
came, Royal Decree of 1870 made the system: (CPE)
Spanish Codigo Penal applicable and 1. Classical/Juristic Theory
extended to the Philippines on July 14, “An eye for an eye, a tooth for a
1876 by Rafael Del Pan. tooth.” – Punitive justice
Part of the Revised Penal Code 2. Positive/Realistic theory
Act 3815. Effectivity. January 1, - Reformative justice
1932 3. Eclectic/Mixed theory
1. Principles affecting Criminal - Compassionate justice
Liability (Arts. 1-20) (Revised penal code follow
2. Penalties including liability eclectic/mixed theory)
(Arts. 21 to 113)
3. Specific felonies and their Sources of Criminal Law
penalties 1. Revised Penal Code
Law 2. Special Penal Laws - Acts
Rule of conduct, just and enacted of the Philippine
obligatory promulgated by competent Legislature punishing offense or
authority for the common observance omissions
and benefits. 1. Republic Acts
2. Batasang Pambansa
Criminal Law 3.
Branch of Municipal law, defines
crimes, treats of their nature and Mala Inse vs Mala Prohibita
provides for their punishment a. In mala in se, the act committed
in inherently wrong or immoral; in
Crime mala prohibita, the acts is merely
An act or omission forbidden by prohibited by law
law b. In mala in se, good faith is a
Felony- Violation of Revised proper defense; in mala prohibita,
Penal Code (Mala Inse) good faith is not a defense
Offense- Special Law (Mala c. In mala in se,
Prohibita) “offender”
Infraction – Ordinance (City Rules on Construction of Penal Laws
mayor, Municipal Mayor, Barangay A penal law is liberally
which crimes were committed) constructed in favor of the offender.
Omission Quantum of evidence is Proof Beyond
Inaction, failure to do a positive Reasonable Doubt. Proof beyond
duty, which one is bound to do reasonable doubt does not mean such a
Act dgree of ….. ( a criminal complaint is not
Any bodily movement tending to a case there ang tawag sayo ay
produce some effect in the external respondent or complaint pero pag na file
world na sa korte tawag na sayo ay accused)
CRIMLAW 1
C-24275
Purposes of Criminal Law resident and charges
1. To Reform (reformation) d’affaires.
2. To deter others (deterrence)  But consuls, vice-consuls and
3. To prevent the offender from other foreign commercial
committing crimes (prevention) representatives can not claim
4. Self defense the privileges and immunities
5. Exemplarity according to ambassadors
Basic Maxims in Criminal Law and ministers and employee
1. Doctrine of Pro Reo
All dounts shall be Territoriality - Binding to all crimes
construed in favor of the committed within the National territory
accused. Presumption of (12 nautical miles baseline)
innocence of the accused
2. Nullum Crimen, Nulla Poena Sine Applicability Outside territory
Lege  Philippine ship or airship
There is no crime when  Forging or counterfeiting any coin
there is no law punishing or currency note
the same.  Introduction of the obligations and
3. The Actus act facit reum, nisi securities
mens sit rea  Public officers or employees who
The act cannot be criminal committed an offense
where the mind is not  Crimes
criminal
a. Mistake of Fact Irretrospectivity or Prospectivity - that
b. Misapprehension of fact on the law does not have any retroactive
the part of the person who effect
caused injury to another Exception: if it favors the offender
c. He is not criminally liable who is not a habitual criminal.
- Penal laws shall not be given
Wk2
retroactive effect. Acts or
Characteristics of Criminal Law
omission will only be subject
to a penal law if they are
Generality - Binding to all persons who
committed after a penal law
reside in the Philippines
had already taken effect.
Exemption:
Penal laws operate only
a. Treaty stipulation
prospectively.
b. Laws of preferential
- Exception: if the penal law is
application
favorable to the accused
c. Principles of public
- Exception to the exception: if
international law
d. Examples: Philippines the accused is habitual
sovereigns and other head of
state
 Ambassador, minister
plenipotentiary, minister
CRIMLAW 1
C-24275

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Wk1 Overt acts (Ginawa na)/ Covert

Principles of Criminal Laws acts (nasa isip palang)

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