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1. CRIMINAL LAW
BOOK 1

2. CRIMINAL
LAW
•A branch of municipal law
which defines crimes,
treats of their nature and
provides for their
punishment.

3. LEGAL BASIS
OF
PUNISHMENT
The power to punish violators of criminal law comes
within the police power of the state. It is the injury
inflicted to the public which a criminal action seeks
to redress, and not the injury to the individual.
The objective of the punishment is two-fold:
absolute and relative.
The absolute theory is to inflict punishment as a
form of retributive justice. It is to destroy wrong in
its effort to annihilate right, to put an end to the
criminal activity of the offender.

4. RELATIVE THEORY
• On the other hand, the relative theory purports to prevent the offender
from further offending public right or
• to the right to repel an imminent or actual aggression, exemplary or by
way of example to others
• not to follow the path taken by the offender and ultimately for
reformation or to place him under detention to teach him the obligations of
a law-abiding citizen.

5. • POWER TO ENACT PENAL LAWS
• Only the legislative branch of the government can enact
penal laws.
• While the president may define and punish an act as a crime,
such exercise of power is not executive but legislative as he
derives such power from the law-making body. It is in essence,
an exercise of legislative power by the chief executive.

6. IMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL
LAWS
• Must be general in application.
• Must not partake of the nature of an ex post facto law.
• Must not partake of the nature of a bill of attainder.
• Must not impose cruel and unusual punishment or excessive
fines.

7. GENERALITY
• Generality of criminal law means that the criminal law of the
country governs all persons within the country regardless of their
race, belief, sex, or creed.
• However, it is subject to certain exceptions brought about by
international agreement.
• Ambassadors, chiefs of states and other diplomatic officials are
immune from the application of penal laws when they are in the
country where they are assigned.

8. EXCEPTIONS TO GENERAL APPLICATION OF
CRIMINAL LAW:
• Principles Of Public International Law
• Treaties Or Treaty Stipulations
• Laws Of Preferential Application

9. TERRITORIAL
• The law is binding to all crimes committed within
the national territory of the philippines
• Exception to territorial application: instances
enumerated under article 2.

10. TERRITORIALITY
• Means that the penal laws of the country have force and effect only within its territory.
It cannot penalize crimes committed outside the same.
• This is subject to certain exceptions brought about by international agreements and
practice.
• The territory of the country is not limited to the land where its sovereignty resides but
includes also its maritime and interior waters as well as its atmosphere.
• Terrestrial jurisdiction is the jurisdiction exercised over land.
• Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters.
• Aerial jurisdiction is the jurisdiction exercised over the atmosphere.

11. THE ARCHIPELAGIC RULE
• All bodies of water comprising the maritime zone and
interior waters abounding different islands comprising
the Philippine archipelago are part of the Philippine
territory regardless of their breadth, depth, width or
dimension.

12. WHAT DETERMINES JURISDICTION IN A
CRIMINAL CASE?
• Place where the crime was committed;
• The nature of the crime committed and;
• The person committing the crime.

13. 3. PROSPECTIVE (PROSPECTIVITY)–
•The law does not have any retroactive
effect.
•Exception to prospective application: when
new statute is favorable to the accused.
•This is also called irretrospectivity.

14. * Acts or omissions will only be subject to a penal
law if they are committed after a penal law had
already taken effect.
* Vice-versa, this act or omission which has been
committed before the effectivity of a penal law
could not be penalized by such penal law because
penal laws operate only prospectively.

15. • The exception where a penal law may be given retroactive application is
true only with a repealing law. If it is an original penal law, that exception
can never operate.
• What is contemplated by the exception
• Is that there is an original law and there is a repealing law repealing the
original law.
• It is the repealing law that may be given retroactive application to those
who violated the original law,
• If the repealing penal law is more favorable to the offender who violated
the original law. If there is only one penal law’ it can never be given
retroactive effect.

16. A REPEAL IS ABSOLUTE OR TOTAL WHEN THE CRIME
PUNISHED UNDER THE REPEALED LAW HAS BEEN
DECRIMINALIZED BY THE REPEAL.
EFFECT OF REPEAL OF PENAL LAW TO LIABILITY OF
OFFENDER
•BECAUSE OF THE REPEAL, THE ACT OR
OMISSION WHICH USED TO BE A CRIME IS
NO LONGER A CRIME.
•AN EXAMPLE IS REPUBLIC ACT NO. 7363,
WHICH DECRIMINALIZED SUBVERSION.

17. • A REPEAL IS PARTIAL OR RELATIVE WHEN THE CRIME PUNISHED
UNDER THE REPEALED LAW CONTINUES TO BE A CRIME INSPITE
OF THE REPEAL.
• THIS MEANS THAT THE REPEAL MERELY MODIFIED THE
CONDITIONS AFFECTING THE CRIME UNDER THE REPEALED
LAW.
• THE MODIFICATION MAY BE PREJUDICIAL OR BENEFICIAL TO
THE OFFENDER.
• HENCE, THE FOLLOWING RULE:

18. CONSEQUENCES IF REPEAL OF
PENAL LAW IS TOTAL OR ABSOLUTE
•
(1) IF A CASE IS PENDING IN COURT INVOLVING THE VIOLATION OF
THE REPEALED LAW, THE SAME SHALL BE DISMISSED, EVEN
THOUGH THEACCUSED MAY BEAHABITUALDELINQUENT.
(2) THIS IS SO BECAUSE ALL PERSONS ACCUSED OF A CRIME ARE
PRESUMED INNOCENT UNTIL THEY ARE CONVICTED BY FINAL
JUDGMENT.
(3) THEREFORE, THEACCUSED SHALLBE ACQUITTED.
•

19. • IF A CASE IS ALREADY DECIDED AND THE ACCUSED IS ALREADY
SERVING SENTENCE BY FINAL JUDGMENT,
IF THE CONVICT IS NOT A HABITUAL DELINQUENT,
• THEN HE WILL BE ENTITLED TO A RELEASE UNLESS THERE IS A
RESERVATION CLAUSE IN THE PENAL LAW THAT IT WILL NOT APPLY TO
THOSE SERVING SENTENCE AT THE TIME OF THE REPEAL.
• BUT IF THERE IS NO RESERVATION, THOSE WHO ARE NOT HABITUAL
DELINQUENTS EVEN IF THEY ARE ALREADY SERVING THEIR SENTENCE
WILL RECEIVE THE BENEFIT OF THE REPEALING LAW. THEY ARE
ENTITLED TO RELEASE

20. • THIS DOES NOT MEAN THAT IF THEY ARE NOT RELEASED, THEY ARE
FREE TO ESCAPE. IF THEY ESCAPE, THEY COMMIT THE CRIME OF
EVASION OF SENTENCE, EVEN IF THERE IS NO MORE LEGAL BASIS
TO HOLD THEM IN THE PENITENTIARY.
• THIS IS SO BECAUSE PRISONERS ARE ACCOUNTABILITIES OF THE
GOVERNMENT; THEY ARE NOT SUPPOSED TO STEP OUT SIMPLY
BECAUSE THEIR SENTENCE HAS ALREADY BEEN, OR THAT THE LAW
UNDER WHICH THEY ARE SENTENCED HAS BEEN DECLARED NULL
AND VOID.

21. • IF THEY ARE NOT DISCHARGED FROM CONFINEMENT, A PETITION
FOR HABEAS CORPUS SHOULD BE FILED TO TEST THE LEGALITY
OF THEIR CONTINUED CONFINEMENT IN JAIL.
• IF THE CONVICT, ON THE OTHER HAND, IS A HABITUAL
DELINQUENT, HE WILL CONTINUE SERVING THE SENTENCE IN
SPITE OF THE FACT THAT THE LAW UNDER WHICH HE WAS
CONVICTED HAS ALREADY BEEN ABSOLUTELY REPEALED. THIS IS
SO BECAUSE PENAL LAWS SHOULD BE GIVEN RETROACTIVE
APPLICATION TO FAVOR ONLY THOSE WHO ARE NOT HABITUAL
DELINQUENTS.

22. CONSEQUENCES IF REPEAL OF PENAL LAW IS PARTIAL OR
RELATIVE
• IF ACASE IS PENDING IN COURT INVOLVING THE VIOLATION OF THE REPEALED LAW, AND THE
REPEALING LAW IS MORE FAVORABLE TO THE ACCUSED, IT SHALL BE THE ONE APPLIED TO
HIM.
• SO WHETHER HE IS A HABITUAL DELINQUENT OR NOT, IF THE CASE IS STILL PENDING IN
COURT, THE REPEALING LAW WILL BE THE ONE TO APPLY UNLESS THERE IS A SAVING
CLAUSE INTHE REPEALING LAWTHATIT SHALLNOTAPPLYTO PENDING CAUSES OFACTION.
•
• IF A CASE IS ALREADY DECIDED AND THE ACCUSED IS ALREADY SERVING SENTENCE BY
FINAL JUDGMENT, EVEN IF THE REPEALING LAW IS PARTIAL OR RELATIVE, THE CRIME STILL
REMAINSTO BEACRIME.
• THOSE WHO ARE NOT HABITUAL DELINQUENTS WILL BENEFIT ON THE EFFECT OF THAT
REPEAL, SO THATIF THE REPEALIS MORE LENIENTTO THEM, ITWILLBE THE REPEALING LAW
THATWILLHENCEFORTHAPPLYTO THEM.

23. •EXPRESS OR IMPLIED REPEAL.
•EXPRESS OR IMPLIED REPEAL
REFERS TO THE MANNER THE
REPEAL IS DONE.

24. • EXPRESS REPEAL TAKES PLACE WHEN A
SUBSEQUENT LAW CONTAINS A PROVISION THAT
SUCH LAW REPEALS AN EARLIER ENACTMENT.
• FOR EXAMPLE, IN REPUBLIC ACT NO. 6425 (THE
DANGEROUS DRUGS ACT OF 1972), THERE IS AN
EXPRESS PROVISION OF REPEAL OF TITLE V OF THE
REVISED PENAL CODE.

25. • IMPLIED REPEALS ARE NOT FAVORED. IT REQUIRES A COMPETENT COURT TO DECLARE AN
IMPLIED REPEAL.
• AN IMPLIED REPEAL WILL TAKE PLACE WHEN THERE IS A LAW ON A PARTICULAR SUBJECT
MATTER AND A SUBSEQUENT LAW IS PASSED ALSO ON THE SAME SUBJECT MATTER BUT IS
INCONSISTENT WITH THE FIRST LAW, SUCH THAT THE TWO LAWS CANNOT STAND TOGETHER,
ONE OF THE TWO LAWS MUST GIVE WAY.
• IT IS THE EARLIER THAT WILL GIVE WAY TO THE LATER LAW BECAUSE THE LATER LAW
EXPRESSES THE RECENT LEGISLATIVE SENTIMENT. SO YOU CAN HAVE AN IMPLIED REPEAL
WHEN THERE ARE TWO INCONSISTENT LAWS.
• WHEN THE EARLIER LAW DOES NOT EXPRESSLY PROVIDE THAT IT IS REPEALING AN EARLIER
LAW, WHAT HAS TAKEN PLACE HERE IS IMPLIED REPEAL.
• IF THE TWO LAWS CAN BE RECONCILED, THE COURT SHALL ALWAYS TRY TO AVOID AN
IMPLIED REPEAL.