CRIMINAL LAW BOOK ONE PDF

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CRIMINAL LAW BOOK ONE Criminal Law – branch of public substantive law which and consistent with the presumption of innocence of defines crimes, treats of their nature and provides for their the accused. punishment. It is a public law because it deals with the 5. El que es causa de la causa es causa ...

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CRIMINAL LAW Criminal Law – branch of public substantive law which defines crimes, treats of their nature and provides for their punishment. It is a public law because it deals with the relation of the individual with the State. Criminal Law Substantive Prospective, unless favorable to the accused provided that the accused is not a habitual delinquent.

Criminal Procedure Remedial Retroactive; in favor of the ends of substantial justice.

Can be promulgated by Only comes from the the judiciary. legislative body. Terms 1. Crime – the generic term used to refer to a wrongdoing punished either under the RPC or under the special law (Ortega); an act committed or omitted in violation of a public law forbidding or commanding it. 2. Felony – a crime punished under the RPC. 3. Offense – a crime punished under the special law. 4. Misdemeanor – a minor infraction of law. Sources 1. The Revised Penal Code (Act no. 3815) 2. Special Penal Laws 3. Penal Presidential Decrees issued during Martial Law Legal Maxims 1. Nullum crimen nulla poena sine lege – there is no crime when there is no law that defines and punishes it. 2. Actus non facit reum, nisi mens sit rea – the act cannot be criminal unless the mind is criminal. 3. Actus me invito factus non est meus actus – an act done by me against my will is not my act. 4. Doctrine of Pro Reo- Whenever a Penal law is to be construed or applied and the law admits of two interpretations- one lenient to the offender and one strict to the offender- that interpretation which is lenient or favorable to the offender will be adopted. This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused

EXECUTIVE COMMITTEE IAN MICHEL GEONANGA overall chairperson, JOSE ANGELO DAVID chairperson for academics, RUTH ABIGAIL ACERO chairperson for hotel operations, ALBERTO RECALDE, JR. vice-chairperson for operations, MARIA CARMELA HAUTEA vice-chairperson for secretariat, MARK EMMANUEL ABILO vice-chairperson for finance, RYAN LIGGAYU vicechairperson for electronic data processing, JOMARC PHILIP DIMAPILIS vice-chairperson for logistics

BOOK ONE and consistent with the presumption of innocence of the accused. 5. El que es causa de la causa es causa del mal causado – He who is the cause of the cause is the cause of the evil caused (People v. Ural, G.R. No. L30801). Characteristics of Criminal Law A. General – it is binding on all persons who live or sojourn in the Philippine territory, regardless of nationality, gender, or other personal circumstances (Art. 14, NCC). Exceptions: 1. Treaty Stipulations Under the RP–US Visiting Forces Agreement, which was signed on February 10, 1998, the Philippines agreed that: a. US shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the US over US personnel in RP; b. US exercises exclusive jurisdiction over US military personnel with regard to offenses relating to the security of the US punishable under the law of US, but not under the laws of RP; c. US shall have primary right to exercise jurisdiction over US military in relation to: i. Offenses solely against the property or security of the US or offenses solely against the property or person of US personnel; ii. Offenses arising out of any act or mission done in performance of official duty. Under the VFA, in determining whether one can be prosecuted or not, the citizenship is immaterial, what is material is one’s membership in the U.S Armed Forces. It is necessary that one is a member of the US armed forces either as: 1. US military personnel; or 2. US civilian personnel connected to US military operations.

SUBJECT COMMITTEE JANSEN BERNARDO subject chair, DANIEL VON EVAN PANELO assistant subject chair, CLAUDINE PALATTAO edp, HYACINTH ALDUESO book 1, JEMIMA FERNANDO book 2, MICHELLE MARIE HATOL special penal laws

MEMBERS Fatima Maria Amansec, Her Lynn Balares, Roy Daguio, Jennyllette Dignadice, Edcar Latauan, Michael Lloren, Tosca Leira Mansujeto, Maria Monica Pamela Mendoza, Fina Ong, Annie Blaise Arce Raagas, Toni Faye Tan, Joseph Christopher Torralba

CRIMINAL LAW

BOOK ONE Rules on Jurisdiction Crimes Crimes punishable under Phil. Laws but not under the laws of the US. Crimes punishable under the laws of the US but not under Phil. Laws.

Jurisdiction RP has the exclusive jurisdiction. US has the exclusive jurisdiction.

There is concurrent jurisdiction but the Philippines has the right to primary jurisdiction, Crimes punishable especially when it is a both under the US threat to RP security and Phil. Laws. namely: a. treason b. espionage c. sabotage Crimes committed by a US personnel against the security RP has no jurisdiction. and property of the US alone. Generally, the Philippines cannot refuse the request of the US for waiver of jurisdiction and has to approve the request for waiver except if the crime is of national importance: (HCD) 1. Those crimes defined under RA 7659 (Heinous crimes) 2. Those crimes defined under RA 7610 (Child Abuse Cases) 3. Those crimes defined under RA 9165 (Dangerous Drugs cases) Laws of Preferential Application 1. RA 75 penalizes acts which would impair the proper observance by the Republic and its inhabitants of the immunities, rights, and privileges of duly-accredited foreign diplomatic representatives in the Philippines. General Rule: Under RA 75, persons who are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure and attachment are the following: (MAS) i. Public Ministers ii. Ambassadors iii.Domestic servants of ambassadors and public ministers Exceptions: a.the person is a citizen or inhabitant of the Philippines; and

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b. the writ or process issued against him is founded upon a debt contracted before he entered upon such service or the domestic servant is not registered with the Department of Foreign Affairs. Note: RA 75 is not applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives. 2. Warship Rule – a warship of another country even though docked in the Philippines is considered as an extension of the territory of their respective country. Same rule applies to foreign embassies in the Philippines. Philippine warship and embassies abroad are deemed extra-territories of the Philippines. 3. Principles of Public International Law The following persons are exempted: (SCAM2) a. Sovereigns and other heads of state b. Chargesd’affaires c. Ambassadors d. Ministers plenipotentiary e. Ministers resident Consuls, vice-consuls and other commercial representatives of foreign nations cannot claim the privileges and immunities accorded to ambassadors and ministers. B. Territorial General Rule: Penal laws of the Philippines have force and effect only within its territory. The national territory is set forth in Article I of the 1987 Constitution. It composes of 3 domains: 1. Terrestrial 2. Fluvial 3. Aerial Exceptions: 1. RPC shall not be enforced within or outside the Philippine territories if so provided under: a. Treaties; or b. Laws of Preferential Application (Art. 2, RPC and Art. 14, NCC) 2. Extraterritoriality – refers to the application of the Revised Penal Code outside the Philippine territory (Art 2, RPC). Extraterritorial Crimes (Art. 2, RPC) i.e., enforceable even outside Philippine territory against those who: a. Should commit an offense while on Philippine ship or airship.

CRIMINAL LAW Requisites: i. The ship or airship must not be within the territorial jurisdiction of another country; (it must be in international waters.) ii. The ship or airship must be registered in the Philippines under Philippine laws. Rules on private or merchant Vessels: 1. Philippine vessel or aircraft a. Must be understood as that which is registered with the MARINA (Maritime Industry Authority) in accordance with Philippine laws; b. The RPC applies when such Philippine vessel is found within: i. Philippine waters, or ii. The high seas. 2. Foreign Merchant Vessels a. In the Philippines, we follow the ENGLISH RULE. b. A distinction must be made between merchant ships and warship; the former are more or less subjected to the territorial laws. (US vs. Bull, 15 Phil. 7) c. Foreign merchant vessel in transit: possession of dangerous drugs is not punishable, but use of the same is punishable. d. Foreign merchant vessel NOT in transit: mere possession of dangerous drugs is punishable because it can already be considered as illegal importation. FRENCH RULE v. ENGLISH RULE French Rule (Flag or Nationality)

English Rule (Territoriality or Situs of the Crime) General Rule Crimes committed Crimes committed aboard a vessel within aboard a vessel within the territorial waters of a the territorial waters of a country are NOT triable country are triablein the in the courts of said courts of such country. country. Exception When their commission When the crimes merely affects the peace and affect things within the security of the territory or vessel or when they only when the safety of the refer to the internal state is endangered management thereof 3. Foreign Warships a. In the case of a foreign warship, the nationality of such warship determines the applicable penal laws to crimes committed

BOOK ONE therein, as they are considered to be an extension of the territory of the country to which they belong. Thus, their respective national laws shall apply to such vessels wherever they may be found. b. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government (Arts. 163 & 166 RPC). Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing, substituting, counterfeiting or altering, by any means, the figures, letters, words or signs contained therein. If forgery was committed abroad, it must refer only to Philippine coin, currency note, or obligations and securities. Obligations and securities of the GSIS, SSS and Landbank are NOT of the government because they have separate charters. c. Should introduce into the country the abovementioned obligations and securities. Those who introduced the counterfeit items are criminally liable even if they were not the ones who counterfeited the obligations and securities. On the other hand, those who counterfeited the items are criminally liable even if they did not introduce the counterfeit items. d. While being public officers or employees, should commit an offense in the exercise of their functions, like: (B3A2F3T-MIC) i. Direct Bribery (Art. 210) ii. Indirect Bribery (Art. 211) iii. Qualified Bribery (Art. 211-A) iv. Failure to Render Accounts (Art. 218) v. Failure to Render Account Before Leaving the Country (Art. 219) vi. Illegal Use of Public Funds or Property (Art. 220) vii. Failure to Make Delivery of Public Funds/Property (Art. 221) viii. Falsification (Art. 171) ix. Fraud Against Public Treasury and Similar Offenses (Art. 213) x. Malversation of Public Funds or Property (Art. 217) xi. Possession of Prohibited Interest (Art. 216) xii. Corruption (Art. 212)

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Note: A crime committed within the grounds of a Philippine embassy on foreign soil shall be subject to Philippine penal laws, although it may or may not have been committed by a public officer in relation to his official duties. Embassy grounds are considered as extensions of the sovereignty of the country occupying them.

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CRIMINAL LAW v. Commit said crimes directly against the Phil. government. C. Prospective General Rule: Penal laws cannot make an act punishable in a manner in which it was not punishable when committed.

Example: A Philippine consulate official who is validly married here in the Philippines remarries in a foreign country cannot be prosecuted here in the Philippines for bigamy under no. 4 of Art. 2 of RPC because the crime has no connection with his official duties. Nevertheless, if the second marriage is celebrated in the Philippine embassy, the ambassador may be prosecuted in the Philippines because the embassy grounds are considered the extension of sovereignty (Ortega, 2009).

Exception: It may be applied retroactively when the new law is favorable to the accused.

e. Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. (Arts. 114122, RPC)

The Congress, in enacting penal laws are restricted by the following Constitutional and statutory limitations:

Exceptions to the Exception: 1. The new law is expressly made inapplicable to pending actions or existing causes of actions. 2. Offender is a habitual criminal (Art. 22, RPC) Limitations on the Power of Congress to Enact Penal Laws:

1. No ex post facto law or bill of attainder shall be enacted (Constitution, Art. III, Sec. 22).

When rebellion, coup d’etat and sedition are committed abroad, the Philippine courts will not have jurisdiction because these are crimes against public order.

Ex post facto law It is a law that would make a previous act criminal although it was not so at the time it was committed.

Terrorism as defined by R.A. 9372, otherwise known as the Human Security Act of 2007, is now a crime against national security and the law of nations.

Bill of attainder It is a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt.

RA 9372, otherwise known as the Human Security Act of 2007 has extraterritorial application.

2. No person shall be held to answer for a criminal offense without due process of law (Ibid., Sec. 14[1]).

Sec. 58 of RA 9372 provides that the Act shall apply to individual persons who, although physically outside the Philippines shall: i. Conspire or plot to commit any of the crimes punished in the Act; ii. Commit any of said crimes on board Philippine Ship or airship; iii. Commit any of said crimes within the embassy, consulate or diplomatic premises belonging to or occupied by the Phil. government in an official capacity; iv. Commit said crimes against Phil. citizens or persons of Phil. descent where their citizenship or ethnicity was a factor in the commission of the crimes; and

3. It should not impose cruel and unusual punishment nor should it impose excessive fines (Ibid., Sec. 19[1].

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RA 9346 prohibits the imposition of death penalty therefore repealing RA 7659. In lieu of the death penalty, the following shall be imposed: a. the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or b. the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code (Sec. 2, RA 9346).

CRIMINAL LAW 4. It must be general in application and must clearly define the acts and omissions punished as crimes (Ibid., Sec. 1 and Sec. 2). Different Effects of Repeal of Penal Law 1. Absolute or Total Repeal – a repeal is absolute when the crime punished under the repealed law has been decriminalized by the subsequent law (Ortega, 2009). If the new law totally repeals the existing law making the act not punishable, the crime is obliterated (Reyes, 2008, p.15). Effects of total repeal if: a. the case is still pending in court: dismissed, regardless of whether the accused is a habitual criminal b. the offender is already serving sentence: i. Not a habitual criminal – the offender is entitled to be released; unless the repealing law is expressly made inapplicable to those who are serving sentence at the time of the repeal. ii. Habitual criminal – he will continue serving sentence this is so because penal laws should be given retroactive application to favor only those who are not habitual delinquents (Ortega, 2009). 2. Partial or Relative Repeal – a repeal is partial when the crime punished under the repealed law continues to be a crime in spite of the repeal. Effects of partial repeal if: a. If the case is still pending in court: the repealing law which is more favorable to the accused shall be applied to him regardless of whether he is a habitual criminal or not; unless, there is a reservation in the said law that it shall not apply to pending causes of action. b. If the offender is already serving sentence: i. Not habitual criminal – the repealing law which is more lenient to him shall be applied unless there is a reservation to that effect ii. Habitual criminal – the repealing law which is more favorable to the accused will not be applicable to him Effects of Amendment of Penal Law 1. If the new law makes the penalty lighter, it shall be applied except if the offender is a habitual delinquent or when the new law is inapplicable to pending action or existing causes of action. 2. If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied (Reyes, 2008, p.15).

BOOK ONE

P RELIMIN ARY T I TLE ARTICLE 1 TIME WHEN ACT TAKES EFFECT The Revised Penal Code (RPC) was approved on December 8, 1930. It took effect on January 1, 1932. Two theories in criminal law: 1. Classical or Juristic Theory a. The basis of criminal liability is human free will and the purpose of the penalty is retribution b. Man is essentially a moral creature with an absolutely free will to choose between good and evil thereby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself. c. It has been endeavored to establish a mechanical and direct proportion between crime and penalty. 2. Positivist or Realistic Theory a. Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition. b. The crime is essentially a social and natural phenomenon and as such it cannot be treated and checked by applying law and jurisprudence nor by imposition of a punishment, fixed and determined a priori. c. The purpose of penalty is reformation. Note: Some authorities add a third school of thought. 3. Eclectic or Mixed Theory – a combination of both classical and positive theories. Our Code is considered Eclectic (i.e., the age of the offender is taken into consideration, intoxication of the offender in order is considered a mitigating circumstance unless it is habitual or intentional) ARTICLE 2 APPLICATION OF ITS PROVISIONS Article 2 sets forth the instances where the provisions of the Revised Penal Code are applicable although the felony is committed outside the Philippine Territory. 1. Extraterritoriality – RPC is applicable even though outside the Philippine territory (See discussion under Territorial as a characteristic of criminal law). 2. Exterritoriality – a term of international law which signifies the immunity of certain persons who, although

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in the state, are not amenable to its laws (i.e. ambassadors, ministers plenipotentiary etc.).

b. When a person acts without freedom, he is no longer a human being but a tool.

3. Intraterritoriality – RPC is made applicable within the Philippine territory.

Lack of freedom - offender is exempt from liability. (i.e. presence of irresistible force or uncontrollable fear)

Felonies under this Article shall be cognizable by the proper court where the criminal action was first filed (Section 15(d), Rule 110 of the Rules of Court).

2. Intelligence It is the capacity to know and understand the consequences of one’s act. Without this power, necessary to determine the moralit...