Criminal Law i Definition and Sources

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1. CRIMINAL LAW: DEFINITION AND SOURCES

A. Definition

B. Punishment of Crimes: Statutory Basis

1. SourcesConstitution (1987), Art. II, Sec. 5

- The maintenance of peace and order, the protection of life, liberty, andproperty, and promotion of the general welfare are essential for theenjoyment by all the people of the blessings of democracy.

Constitution (1987), Art VI, Sec. 1-The legislative power shall be vested in the Congress of the Philippineswhichshall consist of a Senate and a House of Representatives, except to theextent reserved tothe people by the provision on initiative and referendum.

Cases:

US v. Pablo, 35 Phil 94 (1916)People v. Santiago, 43 Phil 124 (1922)

2. LimitationsConstitution (1987), Art. III, Secs. 1 14(1)

-No person shall be held to answer for a criminal offense without dueprocess of law.

1985 Rules on Criminal Procedure, Rule 115-Rights of AccusedSection 1.Rights of accused at the trial. In all criminal prosecutions, theaccused shall be entitled to the following rights:

To be presumed innocent until the contrary is proved beyondreasonable doubt.

To be informed of the nature and cause of the accusation againsthim.

To be present and defend in person and by counsel at every stageof the proceedings, from arraignment to promulgation of the

judgment. The accused may, however, waive his presence at thetrial pursuant to the stipulations set forth in his bail, unless hispresence is specifically ordered by the court for purposes of identification. The absence of the accused without justifiable causeat the trial of which he had notice shall be considered a waiver of hisright to be present thereat. When an accused under custodyescapes, he shall be deemed to have waived his right to be presenton all subsequent trial dates until custody over him is regained.

Upon motion, the accused may be allowed to defend himself in


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person when it sufficiently appears to the court that he can properlyprotect his right without the assistance of counsel.

To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silenceshall not in any manner prejudice him.

To be exempt from being compelled to be a witness against himself. To confront and cross-examine the witnesses against him at the

trial. Either party may utilize as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence befound in the Philippines, unavailable or otherwise unable to testify,given in another case or proceeding, judicial or administrative,involving the same parties and subject matter, the adverse partyhaving the opportunity to cross-examine him.

To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.

To have speedy, impartial and public trial. To appeal in all cases allowed and in the manner prescribed by law.

Civil Code, Art. 2Article 2. Laws shall take effect after fifteen days following thecompletion of their publication in the Official Gazette, unless it isotherwise provided. This Code shall take effect one year after suchpublication. (1a)

Cases:Tanada v. Tuvera, 136 SCRA 27 (1985)Pesigan v. Angeles, 129 SCRA 174 (1984)

3. Penological objectivesA.F. Tadiar Philosophy of a Penal Code 52 Phil LJ165 (1977).

C. Basic Principles

1. Generality of Criminal LawConstitution (1987), Art. VI, Sec. 1

Section 1. The legislative power shall be vested in the Congress of thePhilippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by theprovision on initiative and referendum.

Civil Code, Art. 14Article 14. Penal laws and those of public security and safety shall beobligatory upon all who live or sojourn in the Philippine territory, subject tothe principles of public international law and to treaty stipulations.

Visiting Forces Agreement (VFA), Art. VCriminal Jurisdiction


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1. Subject to the provisions of this article:

(a) Philippine authorities shall have jurisdiction over United Statespersonnel with respect to offenses committed within the Philippines andpunishable under the law of the Philippines. (b) United States military authorities shall have the right to exercise withinthe Philippines all criminal and disciplinary jurisdiction conferred on themby the military law of the United States over United States personnel inthe Philippines. 2. (a) Philippine authorities exercise exclusive jurisdiction over UnitedStates personnel with respect to offenses, including offenses relating tothe security of the Philippines, punishable under the laws of thePhilippines, but not under the laws of the United States.

(b) United States authorities exercise exclusive jurisdiction over UnitedStates personnel with respect to offenses, including offenses relating tothe security of the United States, punishable under the laws of the UnitedStates, but not under the laws of the Philippines. (c) For the purposes of this paragraph and paragraph 3 of this article, anoffense relating to security means: (1) treason;

(2) sabotage, espionage or violation of any law relating to nationaldefense. 3. In cases where the right to exercise jurisdiction is concurrent, thefollowing rules shall apply:

(a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel,except in cases provided for in paragraphs l (b), 2 (b), and 3 (b) of thisArticle.(b) United States military authorities shall have the primary right toexercise jurisdiction over United States personnel subject to the militarylaw of the United States in relation to: (1) offenses solely against the property or security of the United States oroffenses solely against the property or person of United States personnel;and (2) offenses arising out of any act or omission done in performance of official duty.


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(c) The authorities of either government may request the authorities of the other government to waive their primary right to exercise jurisdictionin a particular case. (d) Recognizing the responsibility of the United States military authoritiesto maintain good order and discipline among their forces, Philippineauthorities will, upon request by the United States, waive their primaryright to exercise jurisdiction except in cases of particular importance tothe Philippines. If the Government of the Philippines determines that thecase is of particular importance, it shall communicate such determinationto the United States authorities within twenty (20) days after thePhilippine authorities receive the United States request. (e) When the United States military commander determines that anoffense charged by authorities of the Philippines against United Statespersonnel arises out of an act or omission done in the performance of official duty, the commander will issue a certificate setting forth suchdetermination. This certificate will be transmitted to the appropriateauthorities of the Philippines and will constitute sufficient proof of performance of official duty for the purposes of paragraph 3(b)(2) of thisarticle. In those cases where the Government of the Philippines believesthe circumstances of the case require a review of the duty certificate,United States military authorities and Philippine authorities shall consultimmediately. Philippine authorities at the highest levels may also presentany information bearing on its validity. United States military authoritiesshall take full account of the Philippine position. Where appropriate,

United States military authorities will take disciplinary or other actionagainst offenders in official duty cases, and notify the Government of thePhilippines of the actions taken. (f) If the government having the primary right does not exercise

jurisdiction, it shall notify the authorities of the other government as soonas possible. (g) The authorities of the Philippines and the United States shall notifyeach other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise

jurisdiction. 4. Within the scope of their legal competence, the authorities of thePhilippines and the United States shall assist each other in the arrest of United States personnel in the Philippines and in handing them over toauthorities who are to exercise jurisdiction in accordance with theprovisions of this article.

5. United States military authorities shall promptly notify Philippineauthorities of the arrest or detention of United States personnel who are

subject to Philippine primary or exclusive jurisdiction. Philippineauthorities shall promptly notify United States military authorities of the


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arrest or detention of any United States personnel.

6. The custody of any United States personnel over whom the Philippinesis to exercise jurisdiction shall immediately reside with United Statesmilitary authorities, if they so request, from the commission of the offenseuntil completion of all judicial proceedings. United States militaryauthorities shall, upon formal notification by the Philippine authorities andwithout delay, make such personnel available to those authorities in timefor any investigative or judicial proceedings relating to the offense withwhich the person has been charged. In extraordinary cases, the PhilippineGovernment shall present its position to the United States Governmentregarding custody, which the United States Government shall take into fullaccount. In the event Philippine judicial proceedings are not completedwithin one year, the United States shall be relieved of any obligationsunder this paragraph. The one year period will not include the timenecessary to appeal. Also, the one year period will not include any timeduring which scheduled trial procedures are delayed because UnitedStates authorities, after timely notification by Philippine authorities toarrange for the presence of the accused, fail to do so.

7. Within the scope of their legal authority, United States and Philippineauthorities shall assist each other in the carrying out of all necessaryinvestigations into offenses and shall cooperate in providing for theattendance of witnesses and in the collection and production of evidence,including seizure and, in proper cases, the delivery of objects connectedwith an offense.

8. When United States personnel have been tried in accordance with theprovisions of this article and have been acquitted or have been convictedand are serving, or have served their sentence, or have had theirsentence remitted or suspended, or have been pardoned, they may not betried again for the same offense in the Philippines. Nothing in thisparagraph, however, shall prevent United States military authorities fromtrying United States personnel for any violation of rules of disciplinearising from the act or omission which constituted an offense for whichthey were tried by Philippine authorities.

9. When United States personnel are detained, taken into custody, orprosecuted by Philippine authorities, they shall be accorded all proceduralsafeguards established by the law of the Philippines. At the minimum,United States personnel shall be entitled:

(a) To a prompt and speedy trial;

(b) To be informed in advance of trial of the specific charge or chargesmade against them and to have reasonable time to prepare a defense;

(c) To be confronted with witnesses against them and to cross examinesuch witnesses;


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(d) To present evidence in their defense and to have compulsory processfor obtaining witnesses; (e) To have free and assisted legal representation of their own choice onthe same basis as nationals of the Philippines; (f) To have the services of a competent interpreter;

(g) To communicate promptly with and to be visited regularly by UnitedStates authorities, and to have such authorities present at all judicialproceedings. These proceedings shall be public unless the court, inaccordance with Philippine law, excludes persons who have no role in theproceedings.10. The confinement or detention by Philippine authorities of UnitedStates personnel shall be carried out in facilities agreed on by appropriatePhilippine and United States authorities. United States personnel servingsentences in the Philippines shall have the right to visits and materialassistance.

11. United States personnel shall be subject to trial only in Philippinecourts of ordinary jurisdiction, and shall not be subject to the jurisdictionof Philippine military or religious courts.

Cases:US v. Sweet, 1 Phil 18 (1901)

Liang v. People, 355 SCRA 125

2. Principle of TerritorialityRPC, Art. 2

Application of its provisions. Except as provided in the treatiesand laws of preferential application, the provisions of this Code shall beenforced not only withinthe Philippine Archipelago, including its atmosphere, its interiorwaters and maritime zone, but also outside of its jurisdiction,against those who:1. Should commit an offense while on a Philippine ship or airship2. Should forge or counterfeit any coin or currency note of thePhilippine Islandsor obligations and securities issued by the Government of thePhilippine Islands;chanrobles virtual law library3. Should be liable for acts connected with the introduction intothese islands of the obligations and securities mentioned in the presiding number;4. While being public officers or employees, should commit an

offense in theexercise of their functions; or


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5. Should commit any of the crimes against national security andthe law of nations, defined in Title One of Book Two of this Code.

Constitution (1987), Art. 1NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all theislands andwaters embraced therein, and all other territories over which thePhilippines hassovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerialdomains,including its territorial sea, the seabed, the subsoil, the insular shelves,and othersubmarine areas. The waters around, between, and connecting the islandsof thearchipelago, regardless of their breadth and dimensions, form part of theinternal watersof the Philippines.

VFA, Art. V

Cases:US v. Ah Sing, 36 Phil 978 (1917)Miquiabas v. Commanding General, 80 Phil

262 (1948)

3. Prospective ApplicationRPC, Arts. 21, 22

Art. 21. Penalties that may be imposed. No felony shall be punishableby anypenalty not prescribed by law prior to its commission.Art. 22. Retroactive effect of penal laws. Penal Laws shall have aretroactive effectinsofar as they favor the persons guilty of a felony, who is not a habitualcriminal, asthis term is defined in Rule 5 of Article 62 of this Code, although at thetime of thepublication of such laws a final sentence has been pronounced and theconvict isserving the same.

Civil Code, Art. 4Article 4. Laws shall have no retroactive effect, unless the contrary isprovided.

Case:


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Gumabon v. Director of Prisons, 37 SCRA420 (1971)

4. Nullum Crimen Poena Sine LegeRPC, Arts. 3, 21

Art. 3. Definitions. Acts and omissions punishable by law are felonies(delitos).Felonies are committed not only be means of deceit (dolo) but also bymeans of fault(culpa). There is deceit when the act is performed with deliberate intentand there is faultwhen the wrongful act results from imprudence, negligence, lack of foresight, or lackof skill.Art. 21. Penalties that may be imposed. No felony shall be punishableby anypenalty not prescribed by law prior to its commission.

Cases:Bernardo v. People, 123 SCRA 365 (1983)People v. Pimentel, 288 SCRA 542 (1998)


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5. Strict Construction of penal laws against StateConstitution (1987), Art. III, Sec. 14 (2)Section 14.(2) In all criminal prosecutions, the accused shallbe presumed innocent until the contrary is proved,and shall enjoy the right to be heard by himself and counsel, to be informed of the nature andcause of the accusation against him, to have aspeedy, impartial, and public trial, to meet thewitnesses face to face, and to have compulsoryprocess to secure the attendance of witnesses andthe production of evidence in his behalf. However,after arraignment, trial may proceednotwithstanding the absence of the accused:Provided, that he has been duly notified and hisfailure to appear is unjustifiable.Case:

People v. Bon, G.R. No. 166401, 30 October 2006

Pascual v. Board of Examiners, 28 SCRA 344(1969)

D. General ProvisionsRPC, Art. 1, 2

Article 1. Time when Act takes effect. This Code shall take effect on the

first dayof January, nineteen hundred and thirty-two.

Art. 2. Application of its provisions. Except as provided in the treatiesand laws of preferential application, the provisions of this Code shall be enforced notonly withinthe Philippine Archipelago, including its atmosphere, its interior watersand maritimezone, but also outside of its jurisdiction, against those who:1. Should commit an offense while on a Philippine ship or airship2. Should forge or counterfeit any coin or currency note of the PhilippineIslandsor obligations and securities issued by the Government of the PhilippineIslands;chanrobles virtual law library3. Should be liable for acts connected with the introduction into theseislands of the obligations and securities mentioned in the presiding number;4. While being public officers or employees, should commit an offense inthe

exercise of their functions; or


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5. Should commit any of the crimes against national security and the lawof nations, defined in Title One of Book Two of this Code.

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