CHAPTER 3

CRIMINAL LAW
- defined as that branch of public law which defines crimes, treats of their nature and provides for their punishment. It
is also sometimes referred to as penal law.
(It is impossible to study crimes without studying criminal law because crimes are defined by the criminal laws
punishing them. This is the essence of the Latin principle, nullum crimen nulla poena sine lege. (There is no crime
when there is no law punishing the act). In the absence of law, an act cannot be considered illegal and , therefore, is
not punishable.

THE EARLY CODES

In the prehistoric times, there were no written laws to regulate human conduct. However, men still found ways to
avenge themselves from harm and injury caused by another. They designed their own system of justice according to what
they believed was right and fair based on their way of life, beliefs and the norms or their times.

Since there were no written laws, no police officers, judges and prison authorities back then, justice was served
according to how the elders of the tribes saw fit. Punishment may be in the form of expulsion from their tribe or community.
When a wife was unfaithful to her husband, the husband had the right to murder the offending wife and her lover. Also,
victims and the victim’s family, or clan, were allowed and actually expected to take revenge against his offender.

However, as civilizations continued to flourish, so did their laws and justice system. It was discovered that some
ancient civilizations already had written laws and a form of criminal justice system during their time. Some of which are the
following:

1) CODE OF HAMMURABI
HAMMURABI - The king of Babylon during the 18 th century BC, it was recognized as the first codifier of laws. It is believed
that it was during reign that the code was created, thus, it was named after him. This code, which was cared in stone,
provided the first comprehensive view of the laws during his time. The provisions of the Code were premised on the law of
talion, or the principle of “an eye for an eye, a tooth for a tooth”. under the principle of the law of talion, the punishment
should be the same as the harm inflicted on the victim.

2) THE HITTITES
The Hittites existed about two centuries after the reign of Hammurabi and they eventually conquered Babylon. The laws of
the Hittites may also be characterized as brutal, just like the code of Hammurabi, because they used death as punishment
for many offenses.

3) CODE OF DRAKON
This was codified by Drakon, an Athenian lawgiver in Athens, Greece, in the 7 th century BC. This was known as the
Ultimate in severity because of its severe penalties even for simple offenses.

4) LAWS OF SOLON
Solon, also an Athenian, was appointed archon and was given legislative powers. During his time, he repealed almost all
the laws of the Code of Drakon and created laws that provided just punishments. He was one of the first to see that a
lawgiver had to make laws that applied equally to all citizens and also saw that the law of punishment had to maintain
proportionality to the crimes committed.
Solon had a great impact in the history of law-making that now the term “solon” is used to refer to any member of
the Senate or House of Representatives.

5) ROME’S TWELVE TABLES

Roman law began with the TWELVE TABLES which were written in the middle of the sixth century BC by the Decemvirs. It
was written in tables of bronze and it became the foundation of all laws in Rome.

As civilizations continued to grow, develop and progress, more laws were created and new systems of justice were
created and new systems of justice were established. And for as long as men and society exist, laws would continue to
evolve in order to adapt to the changing times and meet the demands of society.

THE REVISED PENAL CODE

 - One of the sources of the Philippine criminal law is Act No 3815.

Act No 3815, otherwise known as the Revised Penal Code or RPC. It was approved on December 8, 1930 become effective
on January 1, 1932 and remains enforceable up to this day, except for those provisions that have already been repealed
through the passage of other special penal laws over the years. It was translated from the original Penal Code by the
committee created by virtue of Administrative Order 94 issued on October 18, 1927 by the Department of Justice.

The RPC is composed of two books: Book one and book two:
Book one - consists of two parts: basic principles affecting criminal liability, Articles 1-20 and the provisions on
penalties, Articles 21-113.
Book two - contains the felonies defined with the corresponding penalties and these are classified under different
titles, Articles 114-365.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERALITY – 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.

Exceptions:
a. Heads of State
b. Ambassadors
c. Ministers plenipotentiary / Min. resident
d. Charge’s d Affairs

NOTE: This is in adherence to the principle of international law; and adherence to the principle of reciprocity.

2. TERRITORIALITY – Criminal laws undertake to punish crimes committed within Philippine territory. Penal laws of the
country have force and effect only within its territory. It cannot penalize a crime committed outside the country.

Exception: Art. 2, RPC

3. PROSPECTIVITY - A penal law cannot make an act punishable in a manner in which it was not punishable when
committee.

Exception: Whenever a new statute dealing with the crime establishes conditions more lenient or favorable to the
accused, it can be given a retroactive effect.

FELONY
- also called delito, it is an act or omission punishable by law which is committed by means of dolo or deceit or culpa or fault
and punishable under the Revised Penal Code.
- one way of classifying crimes is according to the law violated.
1. Intentional Felonies – performed with deliberate intent or malice.
Elements: Freedom or voluntariness, intelligence, and intent
2. Culpable Felonies – acts that were done not maliciously and the injury caused by the offender is unintentional, it
being simply the incident of another act performed without malice.
Elements: imprudence, lack of foresight, negligence, and lack of skill.
STAGES IN THE COMMISSION OF FELONIES
1. CONSUMMATED - when all the elements necessary for its execution and accomplishment are present.
2. FRUSTRATED - when the offender has performed all the acts of execution which will produce the felony as a
consequence but which nevertheless do not produce it, by reason of causes independent of the will of the perpetrator.
3. ATTEMPTED - when the offender commences the commission of a crime directly by overt acts and does not perform all
the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

1. JUSTIFYING CIRCUMSTANCES - are those where the act of a person is said to be in accordance with law, so that such
person is deemed not to have transgressed the law and is free from both criminal and civil liability.
2. EXEMPTING CIRCUMSTANCES - are those grounds for exemption from punishment because there is lacking in the
agent of the crime any of the conditions which make the act voluntary or negligent.
3. MITIGATING CIRCUMSTANCES - are those which, if present in the commission of the crime, do not entirely free the
actor from criminal liability, but serve only to reduce the penalty.
4. AGGRAVATING CIRCUMSTANCES - are those which, if attendant in the commission of the crime, serve to increase the
penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
5. ALTERNATIVE CIRCUMSTANCES - are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions attending its commission.

I. IDENTIFY WHAT IS ASKED.

1. It is the original language of the penal code of the Philippines before it was translated in English, which became
the Revised Penal Code:
2. It is the most important aspect of any criminal law:
3. It is what distinguishes dolo from culpa, and vice versa:
4. It is that stage in the commission of a crime where there is intervention before the offender finished all the acts
necessary for the commission of the offense:
5. This circumstance can either increase or reduce the penalty to be given, if found guilty for the commission of the
crime:

II. EXPLAIN YOUR ANSWERS BRIEFLY:

1. Why are ambassador exempted form punishments when they commit crimes in the country where they are
serving?
2. Why must criminal laws be construed liberally in favor of the accused and strictly against state?