GENERAL PRINCIPLES
Criminal Law is a branch of law which defines crimes, treats of their nature and provides for punishment.
Law is the rule of conduct, obligatory in nature, promulgated by competent authority for the good of people
and observance of all.
An act is something you do. It’s omission if you don’t do what the law requires you to do.
Forms of penalties could be the removal of rights from a certain thing.
Sources of Criminal Law
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Act No. 3815, The Revised Penal Code
Special penal laws enacted by the Legislature – these were passed after 1932. To plot the inadequacy of the
revise penal code.
o other pieces of criminal legislation have been passed, penalizing acts such as illegal possession and
trafficking of dangerous drugs, money laundering, and illegal possession of firearms. These laws
are called “Special Penal Laws” and they form part of Philippine Criminal Laws. There are certain
differences between crimes punished under the Revised Penal Code and Special Penal Laws.
o Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally
means, that the act is inherently evil or bad or wrongful in itself. On the other hand, violations of
Special Penal Laws are generally referred to as malum prohibitum or an act that is wrong because
it is prohibited. Thus, no criminal intent is needed in order to find a person liable for crimes
punished under Special Penal Laws. As long as the act is committed, then it is punishable as a crime
under law.
Powers of the State – we call these inherent because the state can’t exist without this power. It is a part of state.
State is made up of people, government, fixed territory, and there must be sovereignty.
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Police Power – punish crime (for the betterment and good welfare)
Power of Taxation – money (the government cannot operate without fund)
Power of Eminent Domain – property (procreation)
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1935 constitution, 1973 constitution, to 1987 constitution of the Philippines.
Marcos reigned for a long time and make changes with the law.
1987 constitution is a reaction to the flow, to the mistake, to the abuses, done because of the 1973
constitution. There are already safeguards. Ex; martial law, 1987 constitution puts safeguard because of
martial law because of Marcos’ unlimited power. In the case of president Duterte, the court questioned him.
Any governmental act which is against the constitution because of it being unconstitutional will be void. As
1987 constitution is the supreme law of the land.
Proof beyond reasonable doubt – the highest quantum of evidence. (levels of evidence)
Criminal law can really lead to deprived of life, liberty, and property. Art. 1.
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Branches of Government
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Legislative Branch - the Congress of the Philippines, which is composed of two chambers: the Senate (24)
and the House of Representatives (not more than 250).
Executive Branch- the president.
Judiciary – supreme court.
The State has the authority to define and punish crimes as part of its Police Power.
The Legislative Branch of Government enacts laws, including Criminal Laws.
The Executive Branch implements laws, while the Judiciary interprets laws.
Limitations on power to enact penal laws
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No ex post facto law
No bill of attainder
Requirement of due process of law
No cruel and unusual punishment – ex; no cruel is death penalty, the unsual punishment was the tradition
during ancient times where an eye for an eye and a tooth for a tooth.
Ex post facto law
“from a thing done afterward”
Related to positivity principles. There are 15 days prior to the effectivity of a law which is why there a publication
requirement is to inform the citizens of the new law.
Because the law is published, nobody from us can say “I should not be held liable because I do not know it
was passed.” IGNORANCE OF THE LAW EXCUSES NO ONE. – doctrine. concept of prospective in relation to ex post
facto.
The law was made retroactive made benefited the accused and void the prejudice. (case: sandigan bayan
and the case of naci villar v. nov 2008 decision. The difference in the case is villar it is not ex post facto as the accused
is convicted because of a wrong designation of the offense; it must be the labor code.
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Makes criminal an act done before passage of law which was not yet punished when committed.
Aggravates a crime than it was when committed.
Authorizes conviction upon lesser quantum of evidence than that required at time of commission.
Deprives a person of some lawful protection to which he has become entitled, such as against double
jeopardy.
Bill of Attainder – a law which inflicts punishment without trial. (they took the due process from their rights)
A bill of attainder is a legislative act that declares a person or a group of persons guilty of a crime and
imposes a punishment without a trial. The 1987 Constitution of the Philippines prohibits the enactment of any bill
of attainder. This is part of the Bill of Rights that protects the citizens from arbitrary and unjust legislation. A bill of
attainder is also considered an ex post facto law, which is a law that retroactively changes the legal consequences of
an action.
Principles in Interpretation of Penal Laws
(case: centenovs. judge villalon-pornillos).
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In interpreting provisions of RPC, Spanish text is controlling as this was the text approved by Legislature.
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In dubio pro reo, or “when in doubt, for the accused.” --- “innocent until proven guilty”.
Doubts in interpreting penal provisions construed against State and in favor of accused.
To be considered penal law, it must be a legislative act, define a criminal act and impose penalty for that act.
Principles of in dubio pro reo and ex post facto law apply only if what’s involved is penal law.
On procedural laws and substantive laws defining jurisdiction, above principles don’t apply.
(case about cenento vs judge)