X`COLLEGE OF CRIMINAL JUSTICE

LEYTE COLLEGES
Paterno St. Tacloban City
Towards relevant education for all

Module 6 in Seminar 1 ( Special Topics)

Topic: Concept of Crime and Justice

I. Introduction

What comes first,

The LAW or The
CRIME?

Law is that which is laid down, ordained, or established. A rule or method

according o which phenomena or actions coexist or follow each other.

Most of the laws are penal in nature. Penal laws are those acts of the legislature
which prohibit certain acts and establish penalties for their violations; or those that
define crimes, treat of their nature, and provide for their punishment.

Looking at the definition of penal law above, crime exists because of the law that
prohibits it. As the Theory of Logomacy states, nullum crimen nulla poena sine lege
or there is no crime where there is no law punishing it.

Laws are created in response to the conduct of human in the society. The states,
as part of their police power, have a large measure of discretion in creating and defining
criminal offenses. With that note, laws vary from country to country, city to city,
municipality, and barangay to barangay. Laws are not all the same since they matter on
the intent of the law making body; the legislative branch of the government.

Intended Learning Outcome (ILO)

At the end of the chapter, learners are expected to:
 Explain what is the relationship between crime and law;
 Identify legal kinds of crimes; and
 Analyze the concepts of crime and justice

II. Intended Learning Outcome

ENGAGE

CONCEPTS OF CRIME, LAW, AND JUSTICE

The 1987 Philippine Constitution created the three great powers of the
government, where one of the basic repercussions is the separation of powers. They
are also considered to be branches of the government. These are the following:

1. Legislative Branch – consists of a Senate and a House of Representatives.

Power to create laws lies in this branch.
 2. Executive Branch – composed of the Office of the President. The President
has the power to create Presidential Decrees during Martial Law, Executive Orders,
Proclamation Numbers, and Administrative Orders that have power and effect of laws.

3. Judicial Branch – power to check and balance the constitutionality of the laws
created.

Limitation on the power of the lawmaking body to enact penal legislation.

The Bill of Rights of the 1987bConstitution imposes the following limitations:

1. No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22)

2. No person shall be held to answer for a criminal offense without due process
of law. (Art. III, Sec. 14 [1])

Ex post facto law makes an act done before the passage of the law and which
was innocent when done, and punishes such an act.

Bill of Attainder is a legislative act for a judicial determination of guilt.

The scope of Criminal Justice System is anchored on the violation of laws that
are criminal in nature. It could be a violation of public or municipal law or a special penal
laws. The Revised Penal Code (RPC) or Act No. 3815 is considered to be a public or
municipal law in the Philippines.

The RPC, as enacted by the Philippine Legislature, was approved on December

08, 1930 and took effect on January 1, 1932.

Criminal Law is that branch or division of law which defines crimes, treats of
their nature, and provides for their punishment. (12Cye. 129)

Source of Philippine Criminal Law:

1. The RPC (Art No. 3815) and its amendments;

2. Special Penal Laws passed by the Philippine Commission, Philippine

Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines,
and the Batasang Pambansa; and

3. Penal Presidential Decrees issued during Martial Law.

The following are the characteristics of Criminal Law:

1. Generality – that the criminal law is binding to all persons who live or sojourn
in the Philippines except as provided in the treaties and laws of the preferential
application.

Example of a treaty or treaty stipulation as an exemption is the Visiting Forces

Agreement (VPA). Another exception from the operation of criminal law are the
Sovereign and other chiefs of state, ambassadors, minister plenipotentiary, minister
residents, and charges d’affaires.

2. Territoriality – that the criminal law punishes crime committed within the
Philippine territory with the exception of Article 2, RPC Book 1.

3. Prospectivity – that the criminal law looks forward. It only punishes acts that
are considered crime by virtue of law.

Exception of prospectivity : Whenever a new statute dealing with crime

establishes conditions more lenient and favourable to the accused, it can be given
retroactive effect. Provided that the accused is not a habitual criminal under Rule 5,
Article 62, R.P.C. and when the new law expressly made inapplicable to pending
actions or existing causes of action. (Tavera v. Valdez, 1 Phil. 463, 470-471)

Crime is an act committed or omitted in violation of public law.

Crime can be legally categorized as follows:

1. Offense – is an act or omission punishable by Special Penal Laws;

2. Felony – is an act or omission punishable by Revised Penal Code; and

3. Misdemeanor or Infraction of Laws – is an act or omission in violation of

City, Municipal, or Barangay Ordinance.

In ethical aspect, crimes are considered immoral. However, not all acts or
omissions in violation of law are against morality. Crime can be a Mala In se and Mala
Prohibita/Prohibitum.

Mala In se is a latin phrase which means, “wrong or evil”. It is considered wrong

even if there is no law prohibiting it. But since the Philippines is a Civil law country,
these wrongful acts by nature must be prohibited under the written law. Mala
prohibita/prohibitum, on the other hand, is not wrong in itself. It’s not wrong in nature. It
becomes wrong because of the statute that proscribes it.

To have a better appreciation of the concept of crime, it will be a great help to

study the two (2) most common models of how society perceives which acts are
criminal and which are not. These two (2) models are the Concensus model and
Conflict Model.

In Concensus model, society shares common beliefs and customs. They gather
together and decide the common norms to follow. Whoever deviates from the common
norm will be considered a criminal. This model believes that people can have common
norms and can follow and shared beliefs. The Conflict model, on the other hand, derives
its law from the group holding economic, political and social power of the community.
These people decide which acts is criminal and which act is not. According to this,
people with higher income, status, class, and age has the most impact in the criminal
laws and able to levy their values than the rest of the community.

Felonies are acts and omissions punishable by the RPC. The act is performed or
the omission is incurred by means of dolo or culpa. (People v. Gonzales, G.R. No.
80762, March 19, 1990, 183 SCRA 309, 324).

Felony by means of dolo (deceit) has the following elements:

1. He must have Freedom while doing the act or failing to do the act;

2. He must have Intelligence while doing the acts or failing to do the act; and

3. He must have Intent while doing the act or failing to do the act.

Example:

James noticed the arrival of Cathy. Armed with and M16 Rifle, he went to the
latter’s house and started firing towards the house of Cathy, because he was so angry
that Cathy chose to marry another man.
 Felony by means of culpa (fault) can be committed if the following
requisites are present;

1. He must have Freedom while doing the act or failing to do the act;

2. He must have Intelligence while doing the acts or failing to do the act; and

3. He is Imprudent, Negligent, Lacks foresight or skill while doing or failing to

do the act.

Example:

Glenda, while driving her car, did not see many passing through the pedestrian
lane. She thus caused the injury of many through her imprudence or lack of foresight.

EXPLORE

ILLUSTRATION:

1. Samantha and Richard was hit by a stray bullets.

2. Cardo was killed by eleven (11)-year-old boy.

3. Benita was raped by Mark as a result of high school challenge.

How will you then define justice in victims’ perspective? Discuss with your group
mates.

Justice is the process or result of using laws fairly judge and punish crimes and
criminals.

Justice itself is one of the most difficult goals of any justice system. The reason
for this is the different concepts of every individual of what is justice and fairness.
However, the state cannot just rely the seeking of justice to the individual just to satisfy
his own thirst. This is so to avoid blood feud. The tool or machinery of the state to
prevent such as is the Justice System. Thus is actually grounded on the concept of
justice based on what the state believes to be just for the general welfare of the people.

APPLY

Name: Comeling, Angelo Date: 11/03/2022

Instruction: Give one (1) actual scenario related to the following concepts.

1. Dolo
Ans: the plaintiff Charles Woodhouse entered into a written agreement with the
defendant Fortunato Halili to organize a partnership for the bottling and
distribution of soft drinks. However, the partnership did not come into fruition, and
the plaintiff filed a Complaint in order to execute the partnership. The defendant
 filed a Counterclaim, alleging that the plaintiff had defrauded him because the
latter was not actually the owner of the franchise of a soft drink bottling operation.
Thus, defendant sought the nullification of the contract to enter into the
partnership.
2. Culpa
Ans: Death of a child due to not bringing them to the doctor in time.
3. Mala Inse
Ans: driving a car up to a woman who is loitering on a street corner and offering
to pay for a blowjob
4. Mala Prohibita
Ans: Two students returning to campus from a night at a local bar are
approached by three armed men on a city sidewalk outside their residence hall
and told to hand over their wallets. The students comply, and the three armed
men leave without harming the students.
5. Ex Post Facto
Ans: if the government passes a law today adding the death penalty for any one
who kidnaps a child or has kidnapped a child over the past 10 years. The
retroactive application is an example of an post facto law.
6. Bill of Attainder
Ans: The law that states that "Members of any subversive group, including the
Communist party, cannot hold public office or teach for a public institution"
prevents Brianne from being hired as a teacher at her neighborhood primary
school.
7. Act or Omission
Ans: An expert swimmer who sits by the side of the pool and cordially enjoys
watching a child drown is not perpetrating any crime by his act of omission to
save the child (assuming he is not the lifeguard).
8. General Characteristics
Ans: June 16, 2012 there is a crime happened. Peterson Howard is temporary
living in the Philippines and he is an Italian who married Josefen a Filipina,
however because of jealousy Peterson suddenly attack Josefen by stabbing her
into the different parts of the body until Josefen died but because this crime
happened inside of the Philippines even Peterson Howard is not a Filipino he still
be filled for murder by killing Josefen.
9. Territorial Characteristics
Ans: Chinese ship inter the territorial part of the Philippines however there is a
crime happened where there is bombing of the ship happened. Since the ship is
in the Teritorial part if the Philippines the jurisdiction to investigate the crime is
the Philippines.
10. Prospective Characteristics
Ans: Neil accused to a cyber libel at August 2017. This year has no law that
obtain that this violation is a criminal act. But in August 2021 there is law created
against cybercrime. Neil will not be accused of this violation because it happened
before the law created so that Neil will be remain innocent.
 ASSESS

Name: Comeling, Angelo Code: CR633 Actvy No: 6

Instruction: Draw your own concept of Criminal Justice.

Submit NLT: 5:00PM, Nov 5

References:

Gerry J. Cano, PhD & Franchette Monique I. Abalde (2019) Introduction to Criminal
Justice System Rex Book Store

Bernas J.G. (2009) The 1987 Constitution of the Republic of the Philippines: A
Commentary. Manila, Philippines. Rex Book Store

Boado, L.D. (2012). Notes and Cases on the Revised Penal Code. Manila Philippines.
Rex Book Store

Criminal Justice System by Shirley S Domingo, Rex Book Store

The Basics of the Philippine Criminal Justice System by Nierme A Capulso, Jr and
Dennis J Saluba, C&E Publishing, Inc. 2016

Compilation of Notes/handbook Criminal Justice System