Fundamental Principles

Question 1

What is CRIMINAL LAW?

Answer 1

Branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

Question 2

What is CRIME?

Answer 2

An act committed or omitted in violation of a public law forbidding or commanding it.

Question 3

What are the CONSTITUTIONAL LIMITATIONS on the power of Congress to act penal laws among the Bill of Rights?

Answer 3

1. The law must be general in application (equal protection).
2. It must observe substantive and procedural due process.
3. It should not impose cruel and unusual punishment or excessive fines.
4. It should not operate as a BILL OF ATTAINDER.
5. It must not operate as an EX POST FACTO law.

Question 4

What is a BILL OF ATTAINDER?

Answer 4

A legislative act which inflicts punishment without trial. Its essence is the substitution of legislative act for a judicial determination of guilt.

Question 5

Explain the PROHIBITION on ex post facto law.

Answer 5

It applies solely to penal laws. It cannot prohibit the retroactivity of procedural laws such as one that prescribes rules of procedure by which courts applying laws of all kinds can properly administer justice, such as the Extradition Treaty.

Question 6

What are the CHARACTERISTICS of criminal law? T-G-P

Answer 6

1. Generality (persons to be governed) - binding on all persons who reside or sojourn in the Philippines whether citizens or not.

BASIS: Art. 14, Civil Code; Art. 3(1), 1987 PH Constitution

2. Territoriality (jurisdiction or the place where applicable) - applicable to all crimes committed within the limits of Philippine territory.

BASIS: Art. 2, RPC

3. Prospectivity (when the law shall be applicable) - the law shall only have prospective application EXCEPT if it is favorable to the offender. (Irretrospectivity prohibits the retroactive application of penal laws.)

BASIS: Arts. 21 & 22, RPC; Art. 3(22), Constitution (ex post facto); Art. 4, CC

Question 7

Explain the doctrinal application of the prospectivity rule.

Answer 7

The prospectivity rule applies to administrative rulings and circulars, and to judicial decisions which though not laws, are evidence of what the laws mean.

Question 8

What are the THEORIES underlying the criminal law justice system?

Answer 8

A. CLASSICAL
B. POSITIVIST
C. ECCLECTIC/MIXED - combines the good features of both the classical and the positivist theories.
D. UTILITARIAN/PROTECTIVE - the primary function of punishment in criminal law is to protect society from potential and actual wrongdoers.

Note: The RPC is guided primarily by the Classical theory though it is also partly influenced by the Positivist theory.

Question 9

Explain CLASSICAL THEORY.

Answer 9

-the basis of criminal liability is free will and the purpose of the penalty is retribution.
-man is seen as an essentially moral creature. Thus, more emphasis on the act and its effect rather than on the person who committed the act.
-establishment of a mechanical and direct proportion between crime and punishment.

Question 10

Explain POSITIVIST THEORY.

Answer 10

-man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his volition.
-crime is a natural and social phenomenon; each case is different.

Question 11

How are criminal/penal laws CONSTRUED?

Answer 11

Penal laws are construed strictly against the State/government and liberally in favor of the accused.

Question 12

What is Equipoise Rule?

Answer 12

When the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.

Question 13

What are the CLASSIFICATION of FELONIES?

Answer 13

A. AS TO COMMISSION (Art. 3)
1. Dolo or felonies committed with deliberate intent
2. Culpa or those committed by means of fault

B. AS TO STAGE OF EXECUTION (Art. 6)
1. Attempted
2. Frustrated
3. Consummated

C. AS TO GRAVITY (Art. 9)
1. Grave felonies
2. Less grave felonies
3. Light felonies

D. AS TO COUNT
1. Composite
2. Compound
3. Complex
4. Continued
5 Continuing

E. AS TO NATURE
1. Mala in se
2. Mala prohibita

Question 14

Explain
A. FORMAL FELONIES
B. MATERIAL FELONIES
C. CRIMES WHICH HAVE NO FRUSTRATED STAGE.

Answer 14

A. Those which are always consummated because the offender cannot perform the act necessary for their execution without consummating the offense, for instance physical injuries which are punished as to result, whether serious, less serious, or slight. The degree of injury cannot be determined without first consummating the offense.

B. Those which have various stages of execution.

C. Such as rape because its essence is carnal knowledge. Hence, even the slight penetration of the female organ consummates the crime.

Arson can only be attempted or consummated because the slightest burning of the property consummates the crime of arson esp. since the amount of damage in the property has been deleted in the amendments to the law on arson.

Question 15

Explain crimes MALA IN SE and MALA PROHIBITA

Answer 15

a. An act or omission may either be inherently evil (mala in se) or evil because there is a law prohibiting the same (mala prohibita)

b. Felonies under the RPC are mala in se whereas those in SPECIAL LAWS are mala prohibita.

However, it is really the nature of the act or omission that makes a crime either mala in se or mala prohibita.

Also, even if a special law uses the terms of penalties in the Code, that alone will not make the act or omission a crime mala in se. The law may only intend to make the Code apply suppretorily thereto.

c. Mala in se involves moral turpitude whereas mala prohibita do not.

Question 16

What are the DISTINCTIONS between MALA IN SE AND MALA PROHIBITA?

Answer 16

> MALA IN SE:
1. Basis - moral state of the offender hence good faith or lack of criminal intent is a defense.
2. Modifying circumstances - taken into account in imposing the penalty on the offender because his moral trait is the basis of this crime.
3. Degree of participation - penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory.
4. Stage of accomplishment - the penalty imposed depends on whether the crime is consummated, frustrated, or attempted.

> MALA PROHIBITA
1. Basis - voluntariness hence good faith or lack of intent is not a defense, UNLESS intent is an element of the crime.
2. Modifying circumstances - not considered because the law intends to discourage the commission of the act specially prohibited.
3. Degree of participation - the penalty on the offenders is the same as they are all deemed principals.
4. Stage of participation - violation of law is punished only when accomplished or consummated.

Question 17

What are the EFFECTS of REPEAL of penal law on the accused?

Answer 17

A. Absolute or total repeal, or express repeal - the act or omission is DECRIMINALIZED.
1. Pending case - dismissed whether the accused is habitual delinquent or not.
2. Offender is convicted and/or serving sentence - released if he is NOT a habitual delinquent or the law provides that detention is to continue.

B. Partial or relative repeal, or implied repeal or repeal by re-enactment
1. First law will govern if the accused is HD or when the favorable 2nd law prohibits retroactivity.
2. Second law will govern if favorable to the offender who is NOT HD or the law is silent as to its retroactivity.