Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO &
SANDOVAL WITH EXCERPTS FROM ORTEGA NOTES
CRIMINAL LAW – A branch of municipal law which defines crimes, treats of their nature and
provides for their punishment.
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.
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.
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.
Limitations on the power of Congress to enact penal laws
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive fines.
Characteristics of Criminal Law: (G.T.P.)
1. GENERAL – the law is binding to all persons who reside in the Philippines
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.
* Note that consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in
a foreign country, who are therefore, not immune to the operation or application of the penal law of the
country where they are assigned. Consuls are subject to the penal laws of the country where they are
assigned.
* It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It
refers to persons that may be governed by the penal law.
Exceptions to general application of criminal law:
a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application
, Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
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.
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.
What Determines Jurisdiction in a Criminal Case?
1. Place where the crime was committed;
2. The nature of the crime committed; and
3. The person committing the crime.
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.
* 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.
* 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.
Effect of repeal of penal law to liability of offender
A repeal is absolute or total when the crime punished under the repealed law has been decriminalized
by the repeal. 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.
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:
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 the accused may be a habitual delinquent. This is so because all persons accused
of a crime are presumed innocent until they are convicted by final judgment. Therefore, the
accused shall be acquitted.
(2) 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.
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
, Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
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.
Consequences if repeal of penal law is partial or relative
(1) If a case 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 in the repealing law that it shall not apply to pending causes of
action.
(2) 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 remains to be a crime. Those who are not
habitual delinquents will benefit on the effect of that repeal, so that if the repeal is more lenient to
them, it will be the repealing law that will henceforth apply to them.
Express or implied repeal. – Express or implied repeal refers to the manner the repeal is done.
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.
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.
For example, under Article 9, light felonies are those infractions of the law for the commission of which a
penalty of arresto mayor or a fine not exceeding P200.00 or both is provided. On the other hand, under
Article 26, a fine whether imposed as a single or an alternative penalty, if it exceeds P6,000.00 but is not
less than P 200.00, is considered a correctional penalty. These two articles appear to be inconsistent.
So to harmonize them, the Supreme Court ruled that if the issue involves the prescription of the crime, that
felony will be considered a light felony and, therefore, prescribes within two months. But if the issue
involves prescription of the penalty, the fine of P200.00 will be considered correctional and it will prescribe
within 10 years. Clearly, the court avoided the collision between the two articles.
Consequences if repeal of penal law is express or implied
(1) If a penal law is impliedly repealed, the subsequent repeal of the repealing law will revive the
original law. So the act or omission which was punished as a crime under the original law will be
revived and the same shall again be crimes although during the implied repeal they may not be
punishable.
(2) If the repeal is express, the repeal of the repealing law will not revive the first law, so the act or
omission will no longer be penalized.
* These effects of repeal do not apply to self-repealing laws or those which have automatic termination.
An example is the Rent Control Law which is revived by Congress every two years.
* When there is a repeal, the repealing law expresses the legislative intention to do away with such law,
and, therefore, implies a condonation of the punishment. Such legislative intention does not exist in a self-
terminating law because there was no repeal at all.
* In Co v. CA, decided on October 28, 1993, it was held that the principle of prospectivity of statutes
also applies to administrative rulings and circulars.
Theories of Criminal Law
, Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
* The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There
is scant regard for the human element of the crime. The law does not look into why the offender
committed the crime. Capital punishment is a product of this kind of this school of thought. Man is
regarded as a moral creature who understands right from wrong. So that when he commits a wrong, he
must be prepared to accept the punishment therefore.
2. POSITIVIST THEORY – Man is subdued occasionally by a strange and morbid phenomenon
which conditions him to do wrong in spite of or contrary to his volition.
(Crime is essentially a social and natural phenomenon)
* The purpose of penalty is reformation. There is great respect for the human element because the
offender is regarded as socially sick who needs treatment, not punishment. Crimes are regarded as social
phenomena which constrain a person to do wrong although not of his own volition
ECLECTIC OR MIXED PHILOSOPHY
> This combines both positivist and classical thinking. Crimes that are economic and social and nature
should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should
be dealt with in a classical manner; thus, capital punishment.
Sources of Criminal Law
1. The Revised Penal Code
2. Special Penal Laws – Acts enacted of the Philippine Legislature punishing offenses or
omissions.
Construction of Penal Laws
1. Criminal Statutes are liberally construed in favor of the offender. This means that no person
shall be brought within their terms who is not clearly within them, nor should any act be
pronounced criminal which is not clearly made so by statute.
2. The original text in which a penal law is approved in case of a conflict with an official
translation.
3. Interpretation by analogy has no place in criminal law
BASIC MAXIMS IN CRIMINAL LAW
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 and consistent with presumption of innocence of the accused. This is peculiar only to criminal
law.
NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime when there is no law punishing the same. This is true to civil law countries, but not to
common law countries.
Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or
bad the act is, if there is no law defining the act, the same is not considered a crime.
Common law crimes are wrongful acts which the community/society condemns as contemptible, even
though there is no law declaring the act criminal.
Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is
ambiguous, it is null and void.
ACTUS NON FACIT REUM, NISI MENS SIT REA
The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo,
but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to
culpable felonies, or those that result from negligence.
CALLANTA
*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO &
SANDOVAL WITH EXCERPTS FROM ORTEGA NOTES
CRIMINAL LAW – A branch of municipal law which defines crimes, treats of their nature and
provides for their punishment.
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.
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.
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.
Limitations on the power of Congress to enact penal laws
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive fines.
Characteristics of Criminal Law: (G.T.P.)
1. GENERAL – the law is binding to all persons who reside in the Philippines
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.
* Note that consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in
a foreign country, who are therefore, not immune to the operation or application of the penal law of the
country where they are assigned. Consuls are subject to the penal laws of the country where they are
assigned.
* It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It
refers to persons that may be governed by the penal law.
Exceptions to general application of criminal law:
a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application
, Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
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.
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.
What Determines Jurisdiction in a Criminal Case?
1. Place where the crime was committed;
2. The nature of the crime committed; and
3. The person committing the crime.
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.
* 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.
* 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.
Effect of repeal of penal law to liability of offender
A repeal is absolute or total when the crime punished under the repealed law has been decriminalized
by the repeal. 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.
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:
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 the accused may be a habitual delinquent. This is so because all persons accused
of a crime are presumed innocent until they are convicted by final judgment. Therefore, the
accused shall be acquitted.
(2) 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.
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
, Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
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.
Consequences if repeal of penal law is partial or relative
(1) If a case 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 in the repealing law that it shall not apply to pending causes of
action.
(2) 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 remains to be a crime. Those who are not
habitual delinquents will benefit on the effect of that repeal, so that if the repeal is more lenient to
them, it will be the repealing law that will henceforth apply to them.
Express or implied repeal. – Express or implied repeal refers to the manner the repeal is done.
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.
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.
For example, under Article 9, light felonies are those infractions of the law for the commission of which a
penalty of arresto mayor or a fine not exceeding P200.00 or both is provided. On the other hand, under
Article 26, a fine whether imposed as a single or an alternative penalty, if it exceeds P6,000.00 but is not
less than P 200.00, is considered a correctional penalty. These two articles appear to be inconsistent.
So to harmonize them, the Supreme Court ruled that if the issue involves the prescription of the crime, that
felony will be considered a light felony and, therefore, prescribes within two months. But if the issue
involves prescription of the penalty, the fine of P200.00 will be considered correctional and it will prescribe
within 10 years. Clearly, the court avoided the collision between the two articles.
Consequences if repeal of penal law is express or implied
(1) If a penal law is impliedly repealed, the subsequent repeal of the repealing law will revive the
original law. So the act or omission which was punished as a crime under the original law will be
revived and the same shall again be crimes although during the implied repeal they may not be
punishable.
(2) If the repeal is express, the repeal of the repealing law will not revive the first law, so the act or
omission will no longer be penalized.
* These effects of repeal do not apply to self-repealing laws or those which have automatic termination.
An example is the Rent Control Law which is revived by Congress every two years.
* When there is a repeal, the repealing law expresses the legislative intention to do away with such law,
and, therefore, implies a condonation of the punishment. Such legislative intention does not exist in a self-
terminating law because there was no repeal at all.
* In Co v. CA, decided on October 28, 1993, it was held that the principle of prospectivity of statutes
also applies to administrative rulings and circulars.
Theories of Criminal Law
, Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
* The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There
is scant regard for the human element of the crime. The law does not look into why the offender
committed the crime. Capital punishment is a product of this kind of this school of thought. Man is
regarded as a moral creature who understands right from wrong. So that when he commits a wrong, he
must be prepared to accept the punishment therefore.
2. POSITIVIST THEORY – Man is subdued occasionally by a strange and morbid phenomenon
which conditions him to do wrong in spite of or contrary to his volition.
(Crime is essentially a social and natural phenomenon)
* The purpose of penalty is reformation. There is great respect for the human element because the
offender is regarded as socially sick who needs treatment, not punishment. Crimes are regarded as social
phenomena which constrain a person to do wrong although not of his own volition
ECLECTIC OR MIXED PHILOSOPHY
> This combines both positivist and classical thinking. Crimes that are economic and social and nature
should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should
be dealt with in a classical manner; thus, capital punishment.
Sources of Criminal Law
1. The Revised Penal Code
2. Special Penal Laws – Acts enacted of the Philippine Legislature punishing offenses or
omissions.
Construction of Penal Laws
1. Criminal Statutes are liberally construed in favor of the offender. This means that no person
shall be brought within their terms who is not clearly within them, nor should any act be
pronounced criminal which is not clearly made so by statute.
2. The original text in which a penal law is approved in case of a conflict with an official
translation.
3. Interpretation by analogy has no place in criminal law
BASIC MAXIMS IN CRIMINAL LAW
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 and consistent with presumption of innocence of the accused. This is peculiar only to criminal
law.
NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime when there is no law punishing the same. This is true to civil law countries, but not to
common law countries.
Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or
bad the act is, if there is no law defining the act, the same is not considered a crime.
Common law crimes are wrongful acts which the community/society condemns as contemptible, even
though there is no law declaring the act criminal.
Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is
ambiguous, it is null and void.
ACTUS NON FACIT REUM, NISI MENS SIT REA
The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo,
but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to
culpable felonies, or those that result from negligence.
