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Summary ESGUERRA NOTES – CRIMINAL LAW CRIMINAL LAW I

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University Of The Philippines Diliman

ESGUERRA NOTES – CRIMINAL LAW CRIMINAL LAW I MINAL LAW CRIMINAL LAW I A. DEFINITION Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. B. STATE AUTHORITY TO PUNISH CRIMES 1. SOURCES OF PHILIPPINE CRIMIN...

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esguerra notes –
esguerra notes – criminal law criminal law i
esguerra notes – criminal law

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University Of The Philippines Diliman
Course
Low 100

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ESGUERRA NOTES – CRIMINAL LAW

ESGUERRA NOTES – CRIMINAL LAW
suppression of crimes, such power is delegated to

CRIMINAL LAW I
subordinate government subdivisions such as
territories. The Philippine Legislature by virtue of
the Jones Law, like other territories of the US, has
the power to define and punish crimes. The
present government of the Philippines created by
I. DEFINITION AND SOURCES the US Congress is autonomous. It is within the
power of the legislature to prescribe the form of
the criminal complaint as long as the
A. DEFINITION constitutional provision of the accused to be
informed of the nature of the accusation is not
Criminal law is that branch or division of violated.
law which defines crimes, treats of their nature,
and provides for their punishment. US v. Pablo (1916)
Facts: Pablo, a policeman, arrested Dato
B. STATE AUTHORITY TO PUNISH CRIMES who was found in a vacant lot where a jueteng
game was conducted. He presented a
1. SOURCES OF PHILIPPINE CRIMINAL LAW memorandum to his chief claiming that he saw
(REYES) Malicsi and Rodrigo leaving the area. However,
1. The Revised Penal Code (Act No. 3815) during the trial, he changed his statement and
and its amendments claimed that he did not see Malicsi nor Rodrigo
2. Special penal laws passed by the leaving the area. As a result, the two accused were
Philippine Commission, Philippine acquitted. Pablo was charged with the crime of
Assembly, Philippine Legislature, National perjury and was convicted under Act. No. 1697. It
Assembly, the Congress of the was claimed that the Act repealed the provisions
Philippines, and the Batasang Pambansa. of the Penal Code relative to perjury, and the last
3. Penal Presidential Decrees issued during provision of the Administrative Code repealed the
Martial Law. Act, thus, there is no penal sanction for the crime
of false testimony or perjury.
Held: Notwithstanding that the Act no.
¤ 1987 Constitution Article II, Section 5
1697 has been interpreted by this court in its
Declaration of Principles and State Policies. The
decisions to have repealed provisions of the Penal
maintenance of peace and order, the protection of life,
Code relating to false testimony, it did not
liberty and property, and the promotion of the general
expressly repeal the pertinent provisions of the
welfare are essential for the enjoyment by all the people
RPC. Also, the Administrative Code, in totally
of the blessings of democracy.
repealing Act no. 1697, did not expressly repeal
the said articles of the Penal Code. Hence, the
provisions of the Penal Code relative to perjury
remain in force. The reason behind such
interpretation is that crimes should not go
unpunished or be freely committed without
¤ 1987 Constitution Article VI, Section 1 punishment of any kind.
The legislative power shall be vested in the
Congress of the Philippines which shall consist of a 2. LIMITATIONS TO STATE AUTHORITY TO PUNISH
Senate and a House of Representatives, except to the CRIMES
extent reserved to the people by the provision on
initiative and referendum. 1987 Constitution, Art. III
Sec. 1. No person shall be deprived of life,
People v. Santiago (1922) liberty or property without due process of law, nor shall
Facts: Santiago was driving an automobile any person be denied the equal protection of the laws.
at a high speed notwithstanding the fact that he Sec. 14. No person shall be held to answer for
had to pass a narrow space between a wagon a criminal offense without due process of law.
standing on one side of the road and a heap of In all criminal prosecutions, the accused shall
stones on the other side where there were two be presumed innocent until the contrary is proved, and
boys standing. He ran over Parondo who was shall enjoy the right to be heard by himself and counsel,
instantly killed as a result of the accident. to be informed of the nature and cause of the accusation
Santiago was convicted by the lower court of the against him, to have a speedy, impartial and public trial,
crime of homicide by reckless imprudence. The to meet the witnesses face to face, and to gave
accused appealed challenging the validity of Act compulsory process to secure the attendance of
No. 2886 which amended General Order no. 58 witnesses and the production of evidence in his behalf.
(which provides that all prosecutions for public However, after arraignment, trial may proceed
offenses shall be in the name of the United States notwithstanding the absence of the accused provided
against the persons charged with the offenses), that he has been duly notified and his failure to appear
claiming that the legislature is not authorized to is unjustifiable.
amend the latter because its provisions have the Sec. 18. No person shall be detained solely by
character of Constitutional Law. Sec. 2 of Act No. reason of his political beliefs and aspirations.
2866 contains that ―all prosecutions for public No involuntary servitude in any form shall exist
offenses shall be in the name of the People of the except as a punishment for a crime whereof the party
Philippine Islands against the person charged with shall have been duly convicted.
the offense.‖ Sec. 19. Excessive fines shall not be imposed,
Held: The procedure in criminal matters is nor cruel degrading or inhuman punishment inflicted.
not incorporated in the Constitution of the States, Neither shall death penalty be imposed, unless, for
but is left in the hands of the legislature, so it compelling reasons involving heinous crimes, the
LEX SOCIETAS
Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.

,ESGUERRA NOTES – CRIMINAL LAW

that it falls within the realm of public statutory
law.
The states, as part of its police power,
have a large measure of discretion in creating and
defining criminal offenses. It is urged that the right
to prosecute and punish crimes is an attribute of
sovereignty, but by reason of the principle of
territoriality as applied in the

LEX SOCIETAS

,ESGUERRA NOTES – CRIMINAL LAW

The employment of physical, psychological, or its confiscation and forfeiture provision) and was
degrading punishment against any prisoner or detainee published only in the Official Gazette on June 14,
or the use of substandard or inadequate penal facilities 1982. Justice and fairness dictate that the public
under subhuman conditions shall be dealt with by law. must be informed of that provision by means of
Sec. 20. No person shall be imprisoned for publication in the Gazette before violators of the
debt or non-payment of a poll tax. executive order can be bound thereby. The
Sec. 22. No ex post facto law or bill of summary confiscation was not in order. The
attainder shall be enacted. carabaos must be returned. However, the Pesigans
cannot transport the carabaos to Batangas
because they are now bound by the said E.O.
1985 Rules on Criminal Procedure, Rule 115
Section 1. Rights of accused at trial. – In all
Tañada v. Tuvera (1985)
criminal prosecutions, the accused shall be entitled to
Facts: The petitioners seek a writ of
the following rights:
mandamus to compel respondent public officials to
(a) To be presumed innocent until the contrary
publish or cause the publication of various PD’s,
is proved beyond reasonable doubt.
EO’s, LOI’s etc. invoking the Constitutional right of
(b) To be informed of the nature and cause of
the people to information on matters of public
the accusation against him.
concern.
(c) To be present and defend in person and by
Held: The publication of all presidential
counsel at every stage of the proceedings, from
issuances of a public nature or of general
arraignment to promulgation of the judgment. The
applicability is mandated by law. It is a
accused may, however, waive his presence at the trial
requirement of due process. It is a rule of law that
pursuant to the stipulations set forth in his bail, unless
before a person may be bound by law, he must
his presence is specifically ordered by the court for
first be officially and specifically informed of its
purposes of identification. The absence of the accused
contents. The Court therefore declares that
without justifiable cause at the trial of which he had
presidential issuances of general application which
notice shall be considered a waiver of his right to be
have not been published shall have no force and
present thereat. When an accused under custody
effect. However, the implementation of the PDs
escapes, he shall be deemed to have waived his right to
prior to its publication is an operative fact which
be present on all subsequent trial dates until custody
may have consequences which cannot be justly
over him is regained. Upon motion, the accused may be
ignored. The past cannot always be erased by a
allowed to defend himself in person when it sufficiently
new judicial declaration. From the report
appears to the court that he can properly protect his
submitted by the clerk of court, it is undisputed
rights without the assistance of counsel.
that none of these unpublished PDs has ever been
(d) To testify as a witness in his own behalf but
implemented by the government.
subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner
PENOLOGICAL OBJECTIVES
prejudice him.
a. Prevention – This assumes that man
(e) To be exempt from being compelled to be a
has a tendency to commit crime and punishing
witness against himself.
offenders will prevent them from doing so again.
(f) To confront and cross-examine the
Suppression can only be made possible through
witnesses against him at the trial. Either party may
penal jurisprudence.
utilize as part of its evidence the testimony of a witness
b. Deterrence/Exemplarity – This
who is deceased, out of or can not with due diligence be
assumes that man is endowed with free will and of
found in the Philippines, unavailable, or otherwise
his awareness of the sanctions against crimes and
unable to testify, given in another case or proceeding,
his fear of such. Especially if there is:
judicial or administrative, involving the same parties and
1. Certainty
subject matter, the adverse party having the
- that all crimes will be punished.
opportunity to cross-examine him.
2. Celerity
(g) To have compulsory process issued to
– that punishment will come swiftly
secure the attendance of witnesses and production of
3. Severity
other evidence in his behalf.
– that punishment is
(h) To have speedy, impartial and public trial.
proportionateto his crime.
(i) To appeal in all cases allowed and in the
It is also assumed that punishing the
manner prescribed by law.
offender with cruel and conspicuous penalties will
make an example of him to deter others from
Civil Code, Article 2 doing the same in the future.
Penal laws and those of public security and c. Self-Defense – This is probably a
safety shall be obligatory upon all who live or sojourn in conclusion reached by the social contract theorists
the Philippine territory, subject to the principles of public who hold that there is an unwritten contract
international law and to treaty stipulations. between men and their society where individuals
agree to give up certain rights in exchange for the
Pesigan v. Angeles (1984) protection and benefits offered by a community. If
Facts: Anselmo and Marcelo Pesigan were individuals violate this contract, then the society,
transporting carabaos in the evening of April 2, through the State, has the right to enforce its laws
1982 from Camarines Sur to Batangas when the and protect its own existence.
carabaos were confiscated purportedly in d. Reformation – This assumes that
accordance with E.O. No. 626-A which prohibits punishment is capable of changing/rehabilitating
transportation of carabao and carabeef from one individuals.
province to another. e. Retribution – This rests on the basic
Held: The E.O. should not be enforced premise that justice must be done: the offender
against the Pesigans because it is a penal shall not go unpunished. This belongs to that which
regulation (because of maintains that punishment is inherent in the very
LEX SOCIETAS

, ESGUERRA NOTES – CRIMINAL LAW

nature of a crime and is thus its
necessary consequence.

C. BASIC PRINCIPLES

LEX SOCIETAS

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