INTRODUCTION TO CRIMINAL LAW

Origin of Law

Order is essential for society, and law can be conceived as simply a body of rules governing a social
order. This provides a brief discussion on how laws came to be.

Distinctions are made among the terms norms, folkways, mores, and laws. Norms indicate
societal expectations of what is right or “normal” of what ought to be; they may also indicate what is
wrong or “abnormal,” what ought not to be.

Folkways define what is socially approved or disapproved, but they do not reflect a sense of moral
obligation. Their meaning is perhaps best capture by this phrase: thou should or should not do something.
The penalties that accompany their violation are relatively mild and include ridicule and ostracism. Mores
(singular, mos) are also informal norms, but adherence is far more obligatory: though must or must not
do something. Violation of a mos is met with a strong sense of moral indignation; moreover, the penalties
that accompany the violation of mores are far more severe, including, in extreme cases, the death penalty.

Formalization of folkways and mores generates laws. Laws have at least two forms. Customary
laws are perhaps the oldest form. They represent the codification of traditional practices and include
definitions of the condemned act or omission, the procedures for determining guilt or innocence, and the
punishments for those found guilty. An example would be the Roman Law, more popularly known as the
twelve tables (450 B.C). These laws governed all aspects of life and death in Rome – including crimes and
punishments – for nearly 2,000 years. In contrast, enacted laws are deliberately recorded by an official
representative or representatives of the community. They are explicit and carry the weight of the
community. The intent of enacted law is deterring crime through punishments rather than merely serving
as retaliation or revenge (Winfree & Abadinsky, 2003).

Definition of Law

Law may be defined as formal social control involving the use of rules or norms that enacted, interpreted,
administered, and enforced by specialized agents of the political state or community. Specially, laws are
formalized rules that prescribe or limit actions. (Voigt et al., 1994).

Definition of Criminal Law

Criminal Law is that branch or divisions of law which defines crimes, treats of their nature, and
provides for their punishment (Revised Penal Code of the Philippines).

Criminal Law is a branch of jurisprudence that deals with offenses committed against the safety
and order of the state.

Criminal law is a public law (as opposed to private law) because the state behaves as if it were the
aggrieved party when criminal law is breached.

Criminal law is a statutory law because it is derived from statutes enacted duly by authorized
legislative bodies; it is substantive because it is administered and enforced by courts (Voigt et al., 1994).
Goals of Law

People who engage in any criminal act are illegible for severe sanctions. By outlawing these
behaviors, the government expects to achieve the following goals in creating each country’s penal code:

1. Enforcing social control. Those who hold political power rely on criminal law to formally prohibit
behaviors believed to threaten societal well-being or to challenge their authority.
2. Discouraging revenge. By punishing people who violate the rights, property, and freedom of
others, the law transfers the burden of revenge from the individual to the state.
3. Expressing public opinion and morality. Criminal law reflects constantly changing public opinions
and moral values. It changes according to social conditions and attitudes.
4. Deterring criminal behavior. Criminal law has a social control function. It can control, restrain, and
direct human behavior through its sanctioning power. The threat of punishment associated with
violating the law is designed to prevent crimes before they occur.
5. Punishing wrongdoing. The deterrent power of criminal law is tied to the authority it gives the
state to sanction or punish offenders. Those who violate criminal law are subject to physical
coercion and punishment.
6. Maintaining social order. All legal systems are designated to support and maintain boundaries of
the social system the serve. In a way, the content of the criminal law are a mere reflection of the
needs of those who control the existing economic and political system than the representative of
the few.

Ideal Characteristics of Criminal Law

1. Politicality – it refers to the legitimate source of criminal law. Only violations of rules made by the
state (that is the political jurisdiction that enacted the laws) are crimes. Violations of rules made
by other institutions such as families, churches, schools, and employers, may be “bad,” “sinful,”
or “socially unacceptable,” but they are not crimes because they are not prohibit by the state.
2. Specifity – it is the scope of criminal law. Although civil law may be general in scope, criminal law
should provide definitions of specific acts. For example:
A person stole an airplane but was found not guilty of violating a criminal law that prohibited
taking of “self-propelled vehicles.” The judge ruled that at the time the law was enacted, vehicles
did not include airplanes.
3. Regularity – it means the applicability of the criminal law to all persons. Thus, ideally, when
criminal laws are created, they should apply not only to the men, who violate them, but also to
the women or vice versa.
4. Uniformity – it is hoe the criminal law should be enforced. Ideally, the law should be administered
without regard for the status of a person, e.g. whether the offender is young or old, rich or poor,
and so on.
5. Penal sanction – violators will be punishment by the state. There would be no point in enacting
criminal laws if their violation were not responded to by punishment or threat of punishment.
Development of Criminal Law

The beginnings of criminal law can be traced more than 3,000 years ago. The following are the
ancient legal codes recorded in history.

The Code of Hammurabi (1750-1792 B.C). It established a system of crime and punishment based
on physical retaliated or “an eye for an eye, a tooth for a tooth” method. If a physician performed a
careless operation, his hand was removed; if he were responsible for the death of a woman through a
miscarriage, the life of one of his daughters was taken. The severity of punishment also depended on class
standing; if convicted of an unprovoked assault, a slave would be killed, whereas a freeman might only
loss a limb.

The Mosaic Code (1200 B.C) of the Israelites. This was based on tradition that God entered into a
covenant or contract with the tribes of Israel. In return for God’s special care and protection they agreed
to obey his Law (the 613 laws of the Old Testament, including the Ten Commandments) presented to
them by Moses.

The Roman Law (450 B.C). This is contained in the Twelve Tables, formulated by a special
commission of ten noble Roman men in response to pressure from lower classes, who were referred to
as Plebeians. The plebeians believed that an unwritten code gave arbitrary and unlimited power to the
wealthy classes, known as patricians, who served as magistrates. The remnants of the code reflects laws
on debt, family relations, property, and other daily matters.

The Common Law. Because the ancient legal codes had been lost during the Dark Ages (Middle
Ages), the concept of law and crime during this long 500-year period was in disarray and often guided by
superstition and local custom. It was only during the reign of Henry II (1154-1189) that a standardized law
and justice system known as common law was developed. Under this Law, if a new rule was successfully
applied in a number of different cases, it would become a precedent. These precedent would then be
commonly applied in all similar cases, hence the term common law. Crimes such as Murder, burglary,
arson and rape are the common-law crimes whose elements are initially defined by judges. They were
referred to as mala in se, or inherently evil and bad. This early English Law became the standardized law
of England; eventually, it formed basis of the criminal law of the United States.

The Code of Kalantiaw (1433). A mythical legal code believed to have been written by Datu
Kalantiaw of the island of Negros, the Code of Kalantiaw purportedly had existed during the Pre-Spanish
era. It is regarded as the first set of criminal law in the country (though some historians consider the code
as a disputed documents). The code is known for imposing cruel forms of punishments such as drowning
in a river, dipping hands in a boiling water, exposure to ants, and flogging with spines to death.

Upon the coming of the Spaniards, the Spanish Codigo Penal was made applicable by virtue of
Royal Decree of 1870. It was later replace by the old Penal Code (1876) until the American colonization.
On December 8, 1930, the same penal code was amended through Act No. 3815, otherwise known as
“The Revised Penal Code.”
A BRIEF STUDY OF PHILIPPINE CRIMINAL LAW

Sources of Philippine Criminal Law

1. The Revised Penal Code (Act No. 3815) and its amendments.
2. Special Laws passed by the Philippine Commission, Philippine Assembly, the Congress of the
Philippine, and the Batasang Pambasa.
3. Penal presidential decrees issued during the Martial Law.

Note: Court decisions are not considered as sources of criminal law, since they merely explain the meaning
of and apply the law as enacted by the legislative branch of the government.

Characteristics of Philippine Criminal Law

1. It is general in application. All the provisions of our criminal law are equally applied to all persons
who are living within the territories of the land, regardless of their sex, race, religion, education,
status, and other personal circumstances.

However, certain exceptions are defined;

a. Heads of states or countries;

b. Foreign diplomats and duly accredited ambassadors from other countries;
c. Foreign troops permitted to be in our country to participate in any war exercises.

Also, there are cases where our criminal law does not apply even if the crime is committed by a person
residing in the Philippines. They could be subject to the principles of public international law and to treaty
stipulations.

2. It is territorial in character. As a rule, penal laws of the Philippines are enforceable within its
territory and the whole archipelago, including its atmospheric, its interior waters, and maritime
zone. The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therewith, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea,
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. To determine the territoriality of the seashores, the
three-mile limit measurement is used during low tide.

Exceptions to this rule are:

a. The offense was committed while on a Philippine ship or airship considered as flag carrier, being
registered with the Bureau of Customs;
b. Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities
issued by the government committed outside the country;
c. Importing or bringing into the Philippines any counterfeited or forged coin, currency note or
obligation or securities issued by the government;
d. While being public officers or employees, should commit an offense in the exercise of their
functions;
e. Should commit any of the crimes against national security and the law of nations.
 3. It is prospective. A penal law cannot make an act punishable in a manner in which it was not
punishable when committed since it can only be punished under the laws in force at the time of
their commission.
4. It is specific and definite. The criminal law gives a strict definition of the specific act committed.
However, when doubt exists as to whether a definition contained in the Revised Penal Code
applies to the accused or not, the judge is to decide in favor of the accused.
5. It is uniform in application. When the law is general in application, the punishment given to the
convicted person is in the same context, that no exception must be made as to criminal liability.
The defined crime, together with the corresponding punishment, must be uniformly given
although differently enforced based on the specific provision of the law.
6. There must be a penal sanction or punishment. Penal sanction is the most important part of in
the violation of laws since it acts as deterrence in the further violation of laws. The State uses
sanction in terms of self-defense to protect the society from the wrongs inflicted by a would-be
criminal.

The Revised Penal Code

The Revised Penal Code took effect on January 1, 1932. To this day, it remains in force. It penalizes
classes of acts that are generally criminal, such as murder or homicide, rape, robbery, and theft. Elements
that each crime comprises are also defined in the Code.

The Revised Penal Code has two parts – Book One provides the general provisions on the
application of the law and the general principles of criminal law. It defines and classifies felonies and
identifies circumstances which affect criminal liability. It also stipulates the classification, duration, and
effects of criminal penalties. Likewise, it provides for the existence and extinction of criminal and civil
liabilities in crimes. Book Two of the Revised Penal Code, on the other hand, defines and classifies the
specifics crimes and their corresponding penalties.

On the other hand, not all crimes in the Philippines are penalized under the code. Certain acts,
such as the illegal possession of firearms, are penalized under special legislations contained in Republic
Acts. Also crimes concerning illegal drugs use or trafficking are penalized under the Comprehensive
Dangerous Drugs Act of 2002.

With the abolition of the death penalty in 2006, the highest possible penalty under the Revised
Penal Code at present is reclusion perpetua, which ranges from 20 years and 1 day to 40 years
imprisonment as a penalty is not provided for in the Revised Penal Code, although it is imposed by other
special laws such as the Comprehensive Dangerous Drugs Act.
Parts of the Revised Penal Code

 Date of effectiveness and application of the provisions of the Code (Art. 1-2)
 Felonies, Circumstances Affecting Criminal Liability, and Persons Criminally Liable for Felonies
(Art. 3-20)
 Penalties, as well as Criminal and Civil Liabilities. (Art. 21-113)
 Crimes and Penalties (Art. 114-367)

Basic Maxims in Criminal Law

1. 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.
2. Nullum crimen, nulla poena sine lege – There is no crime when there is no law punishing the same.
3. Actus non facit reum, nisi mens sit rea – The act cannot be criminal where the mind is not criminal.
4. Actus me invite factus non est meus actus – An act done by me against my will is not my act.
5. El que es causa de la causa es causa del mal – He who is the cause of the cause is the cause of the
evil caused.

Theories in Criminal Law

There are two important theories in criminal law;

1. The Classical theory

2. The Positivist theory

Characteristics of the Classical Theory

1. The basis of criminal liability is human free will, and the purpose of penalty is retribution.
2. Man is essentially a moral creature with an absolute free will to choose between good and evil,
thereby placing more stress upon the effect or result of the felonious act than upon man, the
criminal himself.
3. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element

Characteristics of the Positivist Theory

1. Man is subdued occasionally by a strange and morbid phenomenon which conditions him to do
wrong in spite of, or contrary to his violation.
2. Crime is essentially a social or natural phenomenon. As much, it cannot be treated and checked
by the application of abstract principles of law and jurisprudence nor by the imposition of a fixed
and determined punishment, but rather through the enforcement of individual measures in each
case after a thorough, personal and individual investigation conducted by a competent body of
psychiatrists and social scientists.
Application of Philippine Criminal Law

The provisions of the RPC shall be enforced not only within 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;

 For crimes committed on board foreign merchant vessel or airplane, Philippine criminal
law has no jurisdiction or application.
 Crimes or offenses committed on board foreign merchant vessel while on Philippine
waters are triable before Philippine courts.
 Crimes of offenses not involving a breach of public committed on board a foreign
merchant vessel in transit are not triable in Philippine courts.
 Philippine courts have no jurisdiction over offenses committed on board a foreign warship
even not within Philippine territory. Warships are always regarded to be an extension of
the territory of the country where they belong
2. Should forge of 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 obligations and
securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions or;
5. Should commit any of the crimes against national security and the law of the nations defined in
Title One, Book Two of the Revised Penal Code.

Distinguishing Felony, Offense, Misdemeanor, and Crime

Felony – is referred to as crime under the Revised Penal Code felony. A violation of a special law
is not a felony.

A crime punished under a special law is called as statutory offense.

A minor infraction of the law, such as a violation of an ordinance, is referred to as misdemeanor.

Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the
generic word crime can be used.

Felonies

Felonies are acts and omissions punishable by law.

The following are elements of Felonies:

1. There must be an act or omission.

2. The act or omission must be punishable by law.
3. The act must be committed by means of deceit (dolo) or fault (culpa).

An act refers to any kind of body movement that produces change in the outside world. Acts
particularly refer to overt acts or external acts. Overt act or external act is some physical activity or deed,
indicating the intention to commit a particular crime.
 Omission, on the other hand, means inaction or failure to perform a positive duty which one is bound
to do. An example of felony by omissions is abandonment of persons in danger (Art. 275, RPC).

Elements of Felony Committed by Deceit or Dolo

For an act or omission to be considered felony by means of deceit or dolo, one must:

1. Have freedom while doing an act or omitting an act;

(The lack of freedom makes one merely a tool.)
2. Have intelligence while doing an act or omitting an act; and
(The lack of intelligence makes one unable to determine the morality of his acts and effect of his
actions.)
3. Have intent while doing the act or omitting an act.
This is shown by overt acts.

Distinction between Intentional Felony and Culpable Felony.

In intentional felonies, the act or omission of the offender is malicious. The act is performed with
deliberate intent (with malice). Malice is the intent to do an injury to another or to the person, property
or right of another.

On the other hand, in culpable felonies, the act or omission of the offender is not malicious. The
injury caused by the offender to another is “unintentional,” it being simply the incident of another act
performed without malice.

Who shall have criminal liability?

Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done is different from that
which he intended.
2. By any person performing an act which would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or an account of the employment of
inadequate or ineffectual means.
Circumstances affecting criminal liability

There are five kinds of circumstances that affect criminal liability. These are justifying
circumstances, exempting circumstances, mitigating circumstances, aggravating circumstances, and
alternative circumstances.

Justifying Circumstances

The following do not incur any criminal liability;

1. Anyone who acts in defense of his person or rights, provided that following circumstances concur;
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees
and those by consanguinity within the fourth civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance are present, and the further requisite,
in case the provocation was given by the person attacked, that the one making defense had no
part therein.
3. Anyone who acts in defense of the person or rights a stranger, provided that the first and second
requisites mentioned in the first circumstance of Article 11 are present and that the person
defending be not induced by revenge, resentment or other evil motive.
4. Anyone person who, in order to avoid an evil or injury, does an act which causes damage to
another, provided that the following requisites are present;
a.) First that the evil sought to be avoided actually exist;
b.) Second, that the injury feared be greater than that done to avoid it; and
c.) Third, that there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Exempting Circumstances (Art. 12)

The following are exempt from criminal liability.

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of article 80 of the
Revised Penal Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education; otherwise, he shall be committed to the
care of some institution or person mentioned in article 80.
 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
5. Any person who acts under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.

Mitigating Circumstances (Art. 13)

The following are mitigating circumstances:

1. Those mentioned in the discussion on justifying circumstances and exempting circumstances,

when all the requisites necessary to justify the act or to exempt from criminal liability in the
respective cases are not attendant.
2. That the offender is under eighteen years of age or over seventy years. In the case of the minor,
he shall be proceeded against in accordance with the provisions of article 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the
act.
5. That the act was committed in the immediate vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted brothers
or sisters, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before the court prior to the presentation of the
evidence for the prosecution.
8. That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communication with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of consciousness of his act.
10. And, finally any other circumstances of a similar nature and analogous to those above-mentioned.

Aggravating Circumstances (Art. 14)

The following are aggravating circumstances:

1. That advantages be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended party on
account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if
the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime committed in the palace of the Chief Executive, or in his presence, or where public
authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.
 6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted
by final judgment of another crime embraced in the same title of the Revised Penal Code.
10. That the offender has been previously punished by an offense to which the law attaches an equal
or greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel
or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin.
13. That the act be committed evidence premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person, employing
means, methods or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.
18. That the crime be committed after an unlawful entry.
19. That as means to the commission of a crime a wall, roof, door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age, or by means of
motor vehicles, motorized watercraft, airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commission.

Alternative Circumstances (Art. 15)

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. They are the relationship, intoxication, and the degree of instruction and education of the
offender.

The alternative circumstances of relationship shall be taken into consideration when the offended
party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative
by affinity in the same degree of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances
when the offender has committed a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall
be considered as an aggravating circumstance.

Who are Criminally Liable?

The following are criminally liable for grave and less grave felonies.

1. Principals
a. Those who take a direct part in the execution of the act.
b. Those who directly force or induce others to commit it.
c. Those who cooperate in the commission of the offense by another act without which it would
not have been accomplished (Art. 17)
2. Accomplices – Accomplices are the persons who, not being included in Article 17, cooperate in
the execution of the offense by previous or simultaneous acts. (Art. 18)
3. Accessories – are those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplice, take part subsequent to its
commission in any of the following manners.
a. By profiting themselves or assisting the offender to profit by the effects of the crime.
b. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
c. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty
of treason, parricide, murder, or on attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime. (Art. 19)

Accessories who are exempt from criminal liability –

The penalties prescribed for accessories shall not be imposed upon, those who are such with respect to
their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives
by affinity within the same degrees. (Art. 20)

Introduction to Criminology and psychology of crimes (Alviola)