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Criminal Law Reviewer

Criminal law is defined as acts prohibited by the legislature that establish penalties for violations. Penal laws impose punishment by the state for crimes against its laws. The constitution limits the power to define penal laws by prohibiting deprivation of life, liberty, or property without due process or denial of equal protection. It also bans bills of attainder and ex post facto laws. There are two main theories of crime - the classical theory based on free will and accountability, and the positivist theory viewing crime as expressions of social and economic factors. Violations are categorized as mala in se, which are inherently evil acts, or mala prohibita, which are violations of special laws.

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Vince Caparas
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51 views3 pages

Criminal Law Reviewer

Criminal law is defined as acts prohibited by the legislature that establish penalties for violations. Penal laws impose punishment by the state for crimes against its laws. The constitution limits the power to define penal laws by prohibiting deprivation of life, liberty, or property without due process or denial of equal protection. It also bans bills of attainder and ex post facto laws. There are two main theories of crime - the classical theory based on free will and accountability, and the positivist theory viewing crime as expressions of social and economic factors. Violations are categorized as mala in se, which are inherently evil acts, or mala prohibita, which are violations of special laws.

Uploaded by

Vince Caparas
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRIMINAL LAW REVIEWER:

Definition of Criminal Law:

 A penal law, as defined by this Court, is an act of the legislature that prohibits certain
acts and establishes penalties for its violations. It also defines crime, treats of its nature
and provides for its punishment. (Oh vs. CA, 403 SCRA 300 (2003))

Penal Laws:

 Penal laws, on the other hand, strictly and properly are those imposing punishment for
an offense committed against the state which the executive of the state has the power to
pardon. In other words, a penal law denotes punishment imposed and enforced by the
state for a crime or offense against its law (JOSE D. FILOTEO, JR. vs.
SANDIGANBAYAN and THE PEOPLE OF THE PHILIPPINES)

Limitations on the Power to Define Penal Laws

 No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws. (Section 1, Article 3 of
the 1987 Constitution)

 Article III, section 1 (11) of the Constitution states that "No bill of attainder or ex post
facto law shall be enacted." A bill of attainder is a legislative act which inflicts
punishment without trial. Its essence is the substitution of a legislative for a judicial
determination of guilt. The constitutional ban against bills of attainder serves to
implement the principle of separation of powers by confining legislatures to rule-making
and thereby forestalling legislative usurpation of the judicial function. (Bureau of
Customs Employees Association (BOCEA) vs. Teves, G.R. No. 181704
December 6, 2011)

 No ex post facto law or bill of attainder shall be enacted (Article III, section 22 of the
Constitution)

Theories of Crime

 Classical Theory
o classical theory on which our penal code is mainly based, the basis of criminal
liability is human free Will. Man is essentially a moral creature with an absolutely
free will to choose between good and evil. When he commits a felonious or
criminal act (delito doloso), the act is presumed to have been done voluntarily,
i.e., with freedom, intelligence, and intent. Man, therefore, should be adjudged or
held accountable for wrongful acts so long as free will appears unimpaired.
(People vs. Estrada, G.R. No. 130487, June 19, 2000)
 Positivist Theory
o The positivist theory states that the basis for criminal liability is the sum total of
the social and economic phenomena to which the offense is expressed. The
adoption of the aspects of the theory is exemplified by the indeterminate sentence
law. (De Joya vs. The Jail Warden of Batangas City, G.R. Nos.
159418-19, December 10, 2003)

 Positivist Theory

Mala in Se and Mala Prohibita


Violations of the Revised Penal Code are referred to as malum in se, which literally means, that
the act is inherently evil or bad or per se wrongful. On the other hand, violations of special laws
are generally referred to as malum prohibitum.
Note: in Mala In Se, good faith is a defense. However, in Mala Prohibita, it is not since it is a
special law.

Culpa and Dolo


Culpa – Freedom, Intent, Intelligence

Pro Reo Doctrine


In terms of doubt, the ruling shall be in favor of the accused. (Bongalon vs. People,
694 SCRA 12 (2013)

Equipoise Rule
When two antithetical interpretations may be inferred from the circumstantial evidence
presented, the situation calls for the application of the equipoise rule - i.e., when the evidence is
consistent with a finding of innocence and also compatible with a finding of guilt, then the
evidence is at equipoise and does not fulfill the test of moral certainty sufficient to support a
conviction (People vs. Poras, 612 SCRA 624, G.R. No. 177747 February 16, 2010)
The equipoise rule finds application if, as in this case, the inculpatory facts and
circumstances are capable of two or more explanations, one of which is consistent with the
innocence of the accused and the other consistent with his guilt, for then the evidence does not
fulfill the test of moral certainty, and does not suffice to produce a conviction (Abarquez vs.
People, 479 SCRA 225, G.R. No. 150762 January 20, 2006)

Spanish Text VS English Text


In cases of doubt in the interpretation of the Revised Penal Code, the Spanish text should prevail
(People vs. Samonte, G. R. No. 36559, July 26, 1932).
When the Spanish Colonizers came, the Spanish Codigo Penal was made applicable and
extended to the Philippines by Royal Decree of 1870. This was made effective in the Philippines
in July 14, 1876.

Characteristic of Criminal Law

 Prospective
o

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