Introduction

Question 1

The branch or division of law which defines crimes, treats of their nature, and provides for their punishment

Answer 1

Criminal Law

Question 2

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

Answer 2

Crime

Question 3

Sources of Philippine Criminal Law

Answer 3

1. The Revised Penal Code and its amendments
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, Congress of the Philippines, and Batasang Pambansa
3. Penal Presidential Decrees issued during Martial Law

Question 4

Are there common law crimes in the Philippines?

Answer 4

NO, common law crimes are not recognized in the Philippines. Unless there is a particular provision in the penal code or special penal law that define and punishes the act, even if it be socially or morally wrong, on criminal liability is incurred by its commission.

Question 5

Are court decisions sources of criminal law?

Answer 5

NO, court decisions merely explain the meaning of, and apply the law as enacted by the legislative branch of the government.

Question 6

Does the State have the authority to define and punish crimes?

Answer 6

YES, under its police power, the State has the authority to define and punish crimes and to lay down the rules of criminal procedure.

Question 7

Limitations on the Power of the Lawmaking Body to Enact Penal Legislations

Answer 7

1. No ex post facto or bill of attainder shall be enacted
2. No person shall be held to answer for a criminal offense without the process of law

Question 8

Instances of an Ex Post Facto Law

Answer 8

1. Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act
2. Aggravates a crime, or makes it greatee than it was, when committed
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed
4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at rhe time of the commission of the offense
5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful
6. Deprives a person accused of a crime some lawful protection to which he has become entitled

Question 9

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

Answer 9

Bill of Attainder

Question 10

P.D. No. 818 amends Art. 315 of the R.P.C. by increasing the penalties for estafa committed by means of bouncing checks on or after October 22, 1975. Does the increased penalty apply to estafa committed on October 16, 1974? (People vs. Villaraza, G.R. No. L-46228)

Answer 10

NO, the increased penalty does not apply to estafa committed on October 16, 1974.
Its retroactive application is prohibited by Arts. 21 and 22 of the R.P.C. and Sec. 22, Art. III of thr 1987 Constitution.
To give it retroactive application is to make it an ex post facto law.

Question 11

Constitutional Rights of the Accused

Answer 11

Art. III of the 1987 Constitution
1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Sec. 16)
2. No person shall be held to answer for a criminal offense without due process of law. (Sec. 14[1])
3. All persons, except those charged with offenses punishable by reclusion perpetual when evidence of guilt is strong, shall, before conviction, be available by sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. (Sec. 13)
4. In all criminal prosecutions, the accused shall be 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 and cause of the accusation against him, to have speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. (Sec. 14[2])
5. No person shall be compelled to be a witness against himself. (Sec. 17)
Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel. (Sec. 12[1])
No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (Sec. 12[2])
Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (Sec. 12[3])
6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19[1])
7. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Sec. 21)
8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (Sec. 11)

Question 12

Statutory Rights of an Accused

Answer 12

Sec. 11, Rule 115 of the Revised Rules on Criminal Procedure
1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
2. To be informed of the nature and cause of the accusation against him.
3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.
4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him at the trial.
7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
8. To have a speedy, impartial, and public trial.
9. To appeal in all cases allowed and in the manner prescribed by law.

Question 13

Can the right of the accused to confrontation and cross-examination be waived?

Answer 13

YES, the right of the accused to confrontation and cross-examination can be waived.
The reason or principle underlying this is that those rights which may be waived are personal.

Question 14

Can the right of the accused to be informed of the nature and cause of the accusation against him be waived?

Answer 14

NO, the right of the accused to be informed of the nature and cause of the accusation against him cannot be waived.
The reason or principle underlying this is that those rights which may not be waived involve public interest which may be affected.

Question 15

Characteristics of Criminal Law

Answer 15

1. General
2. Territorial
3. Prospective

Question 16

A characteristic of criminal law that states criminal law is binding on all persons who live or sojourn in Philippine territory

Answer 16

General (Art. 14 of the new Civil Code)

Question 17

Person A is an American citizen who allegedly illegally possesses firearms. He contends that because it is a constitutional right of the citizens of the United States of America “to keep and bear arms,” he does not need to apply for and secure a government license. Can he be prosecuted?

Answer 17

YES, Person A can be prosecuted for illegal possession of firearms.
No foreigner enjoys in this country extra-territorial right to be exempted from its laws and jurisdiction, with the exception of heads of states and diplomatic representatives who, by virtue of the customary law of nations, are not subject to the Philippine territorial jurisdiction. (People vs. Galacgac, C.A. 54 O.G. 1027)

Question 18

Sweet was an employee of the U.S. Army in the Philippines. He assaulted a prisoner of war for which he was charged with the crime of physical injuries. Can Sweet interpose the defense that he was an employee of the U.S. military authorities, depriving the court of the jurisdiction to try and punish him?

Answer 18

NO, Sweet cannot interpose the defense that he was an employee of U.S. military authorities to deprive the court of the jurisdiction to try and punish him.
The case is open to the application of the general principle that the jurisdiction of the civil tribunals is unaffected by the military or other special character of the person brought before them for trial, unless controlled by express legislation to the contrary.

Question 19

Is the Visiting Forces Agreement (VFA) between the Philippines and the U.S.A. an example of a treaty or treaty stipulation as an exception to the general application of our criminal law?

Answer 19

YES, the VFA between the Philippines and the U.S.A. is an example of a treaty or treaty stipulation as an exception to the general application of our criminal law.
The ratification by the President of the VFA, and the concurrence of the Senate should be taken as a clear and unequivocal expression of our nations consent to be bound by said treaty.

Question 20

R.A. No. 75 is a law to penalize acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic and consular agents in the Philippines. Is it an example of a law of preferential application?

Answer 20

YES, R.A. No. 75 is an example of a law of preferential application in favor of diplomatic representatives and their domestic servants. It is not applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives.

Question 21

Persons Exempt from the Operation of our Criminal Laws by Virtue of the Principles of Public International Law

Answer 21

1. Sovereigns and other chiefs of state
2. Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires

Question 22

Is a consul entitled to the privileges and immunities of an ambassador or minister?

Answer 22

NO, a consul is not entitled to the privileges and immunities of an ambassador or minister.
A consul is subject to the laws and regulations of the country to which he is accredited. In absence of a treaty to the contrary, they are not exempt from criminal prosecution for violations of the laws of the country where he resides.

Question 23

Exceptions to the Territorial Application of Criminal Law (Art. 2 of the R.P.C.)

Answer 23

1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines
3. Should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number
4. While being public officers or employees, should commit an offense in the exercise of their functions
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of the R.P.C.

Question 24

Instances when Statutes More Lenient or Favorable to the Accused Cannot be Given Retroactive Effect

Answer 24

1. Where the new law is expressly made inapplicable to pending actions or existing causes of action
2. Where the offender is a habitual criminal under Rule 5, Art. 62 of the R.P.C.

Question 25

Effects of Repeal on Penal Law

Answer 25

1. If the repeal makes the penalty lighter in the new law, the new law shall be applied, except when the ofender is a habitual delinquent or when the new law is made not applicable 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
3. If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated

Question 26

accused was prosecuted for and convicted of a violation of an ordinance. While the case was pending appeal, the ordinance was repealed by eliminating the section under which the accused was being prosecuted. Is the offense still criminal? (People vs. Tamayo, G.R. No. L-41423)

Answer 26

NO, the offense ceases to be criminal when the repeal is absolute, and not a reenactment or repeal by implication. The accused must be acquitted.

Question 27

The accused was charged with selling opium in violation of Act. No. 1461 of the Philippine Commission. During the pendency of the case, Act No. 1761 took effect repealing the former law, but both Act No. 1461 and Act No. 1761 penalize offenses against the opium laws. Can the accused be tried under Act. No. 1461? (U.S. vs. Cuna, G.R. No. 4504)

Answer 27

YES, the accused can be tried under the old law which is Act no. 1461.
Where an Act of the Legislature which penalizes an offense repeals a former Act which penalized the same offense, such repeal does not have the effect of thereafter depriving the courts of jurisdiction to try, convict, and sentence offenders charged with violations of the old law prior to its repeal.
The penalty prescribed by Act No. 1761 is not more favorable to the accused than that prescribed in Act No. 1461, the penalty in both Acts being the same.

Question 28

The accused was prosecuted for neglecting to make a return of the sales of newspapers and magazines within the time prescribed by certain sections of the Revised Administrative Code. Said sections of the Revised Administrative Code were repealed by the National Internal Revenue Code which does not require the making of return of sales of newspapers and magazines. Can the accused be tried under the Revised Administrative Code? (People vs. Sindiong and Pastor, G.R. No. L-335)

Answer 28

NO, the accused cannot be tried under the Revised Administrative Code.
The court loses jurisdiction where the repealing law wholly fails to penalize the act defined and penalized as an offense in the old law. The accused, charged with violations of the old law prior to the repeal, cannot be legally prosecuted after such repeal.
The provisions of said sections of the Revised Administrative Code were not re-enacted, even substantially, in the National Internal Revenue Code.

Question 29

Construction of Penal Laws

Answer 29

1. Penal laws are strictly construed against the Government and liberally in favor of the accused.
2. In the construction or interpretation of the provisions of the R.P.C., the Spanish text is controlling, because it was approved by the Philippine Legislature in its Spanish text

Question 30

Books of the Revised Penal Code

Answer 30

1. Book One - basic principles affecting criminal liability (Arts. 1-20) and provisions on penalties including criminal and civil liability (Arts. 21-113)
2. Book Two - felonies with the corresponding penalties, classified and grouped under 14 different titles (Arts 114-365)