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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
RKMFILES CENTER FOR
COMPREHENSIVE STUDIES
Room 309, 3rd Floor A-Building, Main AUF Campus, Angeles University Foundation
Email: Website: www.rkmfiles.net CP: 09088849680
REVIEW NOTES IN
CRIMINAL JURISPRUDENCE
CRIMINAL LAW (REVISED PENAL CODE – BOOK 1)
CRIMINAL LAW (REVISED PENAL CODE – BOOK 2)
CRIMINAL PROCEDURE
CRIMINAL EVIDENCE
SPECIAL LAWS
COMPILED BY:
LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIMINAL LAW
(REVISED PENAL CODE - BOOK I)
CRIMINAL LAW DEFINED
Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for
their punishment.
When did the Revised Penal Code take effect?
The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).
Characteristics of Criminal Law
Criminal Law has three main characteristics, namely (1) general, (2) territorial, and (3) prospective.
A. General Application
It has General application because Criminal Law is binding on all persons who reside or sojourn in
Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, interior waters and maritime zone, without reference to the
person or persons who might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall be obligatory upon all who live or sojourn in
Philippine territory.
Exceptions to the General Application of Criminal Law
There are cases where our Criminal Law does not apply even if the crime is committed by a person
residing or sojourning in the Philippines. They constitute the exceptions.
(1) The opening sentence of Art. 2 of the Revised Penal Code says that the provisions of this Code shall be
enforced within the Philippine Archipelago, “except as provided in the treaties and laws of preferential
application.”
(2) Art. 14 of the Revised Penal Code provides that penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public
international law and to treaty stipulations.
(a) Treaty or Treaty Stipulations
An example of treaty or treaty stipulation, as an exception to the general application of
our Criminal Law is the Base Agreement entered into by and between the Philippines and the
USA on March 14, 1947 stipulating that “the Philippines consents that the US have the right to
exercise jurisdiction over some particular offenses. However, the said Military Bases
Agreement already expired on September 16, 1991.
(b) Law on Preferential Application
Republic Act No. 75 may be considered a law of preferential application in favor of
diplomatic representatives and their domestic servants.
It 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 representatives in the Philippines.
2 www.rkmfiles.net
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!@#()*$*(&@&(*%*&((%UCOMPILATIONS
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
,!@#()*$*(&@&(*%*&((%UCOMPILATIONS
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
Nota Bene:
The law does not apply when the foreign country adversely affected does not provide
similar protection to our diplomatic representatives.
(c) Principles of Public International Law
Persons exempt from the operations of our criminal laws by virtue of the principles of
public international law:
1) Sovereigns and other chiefs of state;
2) Ambassadors;
3) Ministers plenipotentiary;
4) Minister’s resident; and
5) Charges d’ affaires.
It is well established principle of international law that diplomatic representatives, such as
ambassadors or public ministers and their official retinue, possess immunity from the criminal
jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the law
of that country.
Nota Bene:
A consul is not entitled to the privileges and immunities of an ambassador or minister.
B. Territorial Application
It is Territorial, in that criminal law undertakes to punish crimes committed within the Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, which constitute the
Philippine territory.
Extent of Philippine Territory for Purposes of Criminal Law:
Art. 2 of the Revised Penal Code provides that the provisions of said Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.
Art. 1 of the 1987 Constitution provides as follows:
“The national territory comprises the Philippine Archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between and connecting the islands of the Archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
Exceptions to the Territorial Application of Criminal Law
Art. 2 of the Revised penal Code provides:
“Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction against those who:
1) Should commit an offense while on a Philippine ship or airship;
2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction into these islands of the forged or counterfeited
obligations and securities;
4) While being public officers or employees, should commit an offense in the exercise of their functions; or
3 www.rkmfiles.net
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
5) Should commit any of the crimes against national security and the law of nations;
6) Should destroy or cause destruction to the maritime/marine zone, the Exclusive Economic Zone (EEZ) and
the natural resources within the EEZ of the Philippines.
C. Prospectivity of Criminal Laws
It is Prospective, in that a penal law cannot make an act punishable when committed. Crimes are
punished under the laws in force at the time of their commission
Art. 21 of the Revised Penal Code provides that no felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Art. 366 of the Revised Penal Code provides that felonies are punishable under the laws enforced at
the time of their commission.
Exception to the Prospective Application of Criminal Laws
Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused,
it can be given a retroactive effect.
Exceptions to the Exception:
This exception has no application in the following instances:
(1) where the new law is expressly made inapplicable to pending actions or existing causes of actions.
(2) Where the offender is a habitual delinquent/criminal under Art. 62 of the Revised Penal Code.
Nota Bene:
The new law can still be given a retroactive effect if the offender is a Recidivist.
THEORIES IN CRIMINAL LAW
There are three theories in criminal law, namely: (1) classical theory, (2) positivist theory, and (3) eclectic theory.
A. CHARACTERISTICS OF CLASSICAL THEORY
1. The basis of criminal liability is human tree will and the purpose of the penalty it retribution.
2. That 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.
3. It has endeavoured to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element.
B. CHARACTERISTICS OF POSITIVIST THEORY
1. That man is subdued occasionally by a strange and morbid phenomenon which constraints him to do wrong, in
spite of or contrary to his volition.
2. That crime is essentially a social and natural phenomenon, and as such, (a) it cannot be treated and checked
by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and
determined a priori; (b) but rather through the enforcement of individual investigation conducted by a competent body
of psychiatrist and social scientists.
C. CHARACTERISTICS OF ECLECTIC THEORY
What are felonies (Delitos)?
Felonies are acts and omissions punishable by law (Art. 3, 1st par., RPC).
4 www.rkmfiles.net
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IN CRIM
IN CRIM
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CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
RKMFILES CENTER FOR
COMPREHENSIVE STUDIES
Room 309, 3rd Floor A-Building, Main AUF Campus, Angeles University Foundation
Email: Website: www.rkmfiles.net CP: 09088849680
REVIEW NOTES IN
CRIMINAL JURISPRUDENCE
CRIMINAL LAW (REVISED PENAL CODE – BOOK 1)
CRIMINAL LAW (REVISED PENAL CODE – BOOK 2)
CRIMINAL PROCEDURE
CRIMINAL EVIDENCE
SPECIAL LAWS
COMPILED BY:
LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO
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!@#()*$*(&@&(*%*&((%UCOMPILATIONS
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IN CRIM
IN CRIM
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CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
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IN CRIM
IN CRIM
IN JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIM
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
CRIMINAL LAW
(REVISED PENAL CODE - BOOK I)
CRIMINAL LAW DEFINED
Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for
their punishment.
When did the Revised Penal Code take effect?
The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).
Characteristics of Criminal Law
Criminal Law has three main characteristics, namely (1) general, (2) territorial, and (3) prospective.
A. General Application
It has General application because Criminal Law is binding on all persons who reside or sojourn in
Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, interior waters and maritime zone, without reference to the
person or persons who might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall be obligatory upon all who live or sojourn in
Philippine territory.
Exceptions to the General Application of Criminal Law
There are cases where our Criminal Law does not apply even if the crime is committed by a person
residing or sojourning in the Philippines. They constitute the exceptions.
(1) The opening sentence of Art. 2 of the Revised Penal Code says that the provisions of this Code shall be
enforced within the Philippine Archipelago, “except as provided in the treaties and laws of preferential
application.”
(2) Art. 14 of the Revised Penal Code provides that penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public
international law and to treaty stipulations.
(a) Treaty or Treaty Stipulations
An example of treaty or treaty stipulation, as an exception to the general application of
our Criminal Law is the Base Agreement entered into by and between the Philippines and the
USA on March 14, 1947 stipulating that “the Philippines consents that the US have the right to
exercise jurisdiction over some particular offenses. However, the said Military Bases
Agreement already expired on September 16, 1991.
(b) Law on Preferential Application
Republic Act No. 75 may be considered a law of preferential application in favor of
diplomatic representatives and their domestic servants.
It 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 representatives in the Philippines.
2 www.rkmfiles.net
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IN CRIM
IN CRIM
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CRIM
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IN CRIM
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CRIM
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JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
Nota Bene:
The law does not apply when the foreign country adversely affected does not provide
similar protection to our diplomatic representatives.
(c) Principles of Public International Law
Persons exempt from the operations of our criminal laws by virtue of the principles of
public international law:
1) Sovereigns and other chiefs of state;
2) Ambassadors;
3) Ministers plenipotentiary;
4) Minister’s resident; and
5) Charges d’ affaires.
It is well established principle of international law that diplomatic representatives, such as
ambassadors or public ministers and their official retinue, possess immunity from the criminal
jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the law
of that country.
Nota Bene:
A consul is not entitled to the privileges and immunities of an ambassador or minister.
B. Territorial Application
It is Territorial, in that criminal law undertakes to punish crimes committed within the Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, which constitute the
Philippine territory.
Extent of Philippine Territory for Purposes of Criminal Law:
Art. 2 of the Revised Penal Code provides that the provisions of said Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.
Art. 1 of the 1987 Constitution provides as follows:
“The national territory comprises the Philippine Archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between and connecting the islands of the Archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
Exceptions to the Territorial Application of Criminal Law
Art. 2 of the Revised penal Code provides:
“Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction against those who:
1) Should commit an offense while on a Philippine ship or airship;
2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction into these islands of the forged or counterfeited
obligations and securities;
4) While being public officers or employees, should commit an offense in the exercise of their functions; or
3 www.rkmfiles.net
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CRIM
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JURIS.dochttps://www.stuvia.com/user/docstudent96https://www.stuvia.com/user/docstudent96
5) Should commit any of the crimes against national security and the law of nations;
6) Should destroy or cause destruction to the maritime/marine zone, the Exclusive Economic Zone (EEZ) and
the natural resources within the EEZ of the Philippines.
C. Prospectivity of Criminal Laws
It is Prospective, in that a penal law cannot make an act punishable when committed. Crimes are
punished under the laws in force at the time of their commission
Art. 21 of the Revised Penal Code provides that no felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Art. 366 of the Revised Penal Code provides that felonies are punishable under the laws enforced at
the time of their commission.
Exception to the Prospective Application of Criminal Laws
Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused,
it can be given a retroactive effect.
Exceptions to the Exception:
This exception has no application in the following instances:
(1) where the new law is expressly made inapplicable to pending actions or existing causes of actions.
(2) Where the offender is a habitual delinquent/criminal under Art. 62 of the Revised Penal Code.
Nota Bene:
The new law can still be given a retroactive effect if the offender is a Recidivist.
THEORIES IN CRIMINAL LAW
There are three theories in criminal law, namely: (1) classical theory, (2) positivist theory, and (3) eclectic theory.
A. CHARACTERISTICS OF CLASSICAL THEORY
1. The basis of criminal liability is human tree will and the purpose of the penalty it retribution.
2. That 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.
3. It has endeavoured to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element.
B. CHARACTERISTICS OF POSITIVIST THEORY
1. That man is subdued occasionally by a strange and morbid phenomenon which constraints him to do wrong, in
spite of or contrary to his volition.
2. That crime is essentially a social and natural phenomenon, and as such, (a) it cannot be treated and checked
by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and
determined a priori; (b) but rather through the enforcement of individual investigation conducted by a competent body
of psychiatrist and social scientists.
C. CHARACTERISTICS OF ECLECTIC THEORY
What are felonies (Delitos)?
Felonies are acts and omissions punishable by law (Art. 3, 1st par., RPC).
4 www.rkmfiles.net
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