CONSTITUTIONAL LIMITATIONS

1. The law must be general in application

2. It must observe substantive and procedural due process
3. It should not impose cruel and unusual punishment
4. It should not operate as a bill of attainder
5. It should not operate as an ex post facto law

Characteristics of penal law

1. Generality
2. Territoriality
Archipelagic Rule- all bodies of water comprising the maritime zone and interior waters
abounding different islands comprising the PH archipelago are part of the PH territory regardless
of their breadth, width and dimension
3. Prospectivity

PHILOSOPHIES/ THEORIES
1. Classical- human free will to choose bet good or bad
2. Positivist- man is inherently evil
3. Ecclectic or Mixed
4. Utilitarian

Mala In Se Mala Prohibita

Inherently evil Evil only because prohibited by law
Felonies under RPC Violations under SPL
Involve moral turpitude Does not involve
Criminal intent necessary Criminal intent not necessary

Effect of repeal of penal law

1. ABSOLUTE
a. Pending case- dismiss case whether accused in habital delinquent or not
b. Serving sentence- release if not habitual delinquent
2. PARTIAL
a. Pending- if favourable to accused, it is to be applied to him
b. Serving sentence- crime remains a crime

ARTICLE 2
Extra-territorial application
1. Should commit an offense while on a PH ship or airship
2. Should forge or counterfeit any coin or currency note of the PH or securities and obligations
issued by government of PH
3. Should be liable for acts connected with the introduction of these securities and obligations
mentioned in the preceding number
 4. While being public officers or employees, should commit an offense in the exercise of their
functions
5. Should commit any of the crimes against national security and the law of nations

FRENCH RULE- country of registry will have jurisdiction but when the crime violated the peace and order
of the host country, the country will have jurisdiction
ENGLISH RULE- adheres strictly to territoriality principle, country of registry will have the jurisdiction
only when crime relates to internal management of the vessel

ARTICLE 3- FELONIES
Reqs of dolo: criminal intent, freedom of action, intelligence
Reqs of culpa: freedom of action, intelligence, negligence

ARTICLE 4- Who is liable for felony

1. Mistake of fact- when an offense acted out of a misapprehension of fact
2. Aberration ictus- offender intends the injury on one person but the harm fell on another
3. Error in personae- involves only one victim but the offender committed a mistake in ascertaining
the identity of the victim
4. Praeterintentionem- the injury is on the intended victim but the resulting consequence is much
greater than intended
PROXIMATE CAUSE- direct, natural and logical consequence of the felonious act
IMPOSSIBLE CRIME
1. Act performed would have been a crime against person or property
2. There is criminal intent
3. It is not accomplished because of inherent impossibility or inadequate means employed

ARTICLE 6- STAGES IN THE COMMISSIONOF FELONY

CONSUMMATED STAGE
- All acts of execution are present and the offender no longer has any control over the outcome of
his acts and has performed all that is necessary to accomplish his purpose
FRUSTRATED STAGE
1. Offender has performed all the acts of execution which produces the necessary felony
2. But the felony is not produced by reason of causes independent of the will of the perpetrator
ATTEMPTED STAGE
1. Offender commences the commission of the felony directly by overt acts
2. He does not perform all the acts of execution
3. Non performance of the acts was due to cause or accident other than his own spontaneous
desistance
JEMAA
Absolutory cause- has the effect of exempting circumstance and predicated on lack of voluntariness
Extenuating circumstances- effect is to mitigate the criminal liability of the offender

ENTRAPMENT- mensrea originated from the accused, consistent with public policy, peace officer is
without criminal liability
INSTIGATION- evil idea originated from the peace officer who induced the accused to commit the act,
contrary to public policy, peace officer is a principal by inducement

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE

Self defense, Imbecility/ insanity, -incomplete -taking advantage -Intoxication
defense of minority, accident, justifying or of a public office -relationship
relative, defense compulsion of exempting -contempt or insult -degree of
of stranger, irresistible force, circumstance to public authorities instruction
avoidance of impulse of -offender is 18-70 -disregard of age, -education of
greater evil, uncontrollable fear, yrs old sex, rank the offender
fulfilment of duty, insuperable or lawful -no intention to -abuse of
obedience to an cause commit so grave a confidence Relationship-
order of a superior wrong -nighttime, spouse,
-sufficient threat or uninhabited place, ascendant,
provocation band descendant,
-vindication of a -aid of armed men brother or
great offense -recidivism, etc sister,
-passion or -in considrtn of relative by
obfuscation price or reward affinity
-voluntary -evident
surrender premeditation
-illness of offender -treachery
-ignominy or cruelty
-breaking wall
REQS: NOTE a.Ordinary M- can
Unlawful -having schizophrenia be offset by AC, if
aggression, is not an EC not offset- reduce
reasonable -feeblemindedness is to minimum period
necessity of the also not EC b. Privileged M-
means employed can never be offset
to prevent or repel by AC, reduce
it, penalty by 1 or 2
Lack of sufficient degrees
provocation
Minority
1. 15 yrs old or
under-
EXEMPT &
subject to
intervention
 program
2. Over 15 but
less than 18
who did not
act w/
discernment-
exempt &
subject to
intervention
program
3. Over 15 but
less than 18
who acted w/
discernment-
NOT exempt
and subject
to diversion
program

THREE-FOLD RULE
- The maximum duration of the convict’s sentence shall not be more than three times the length
of time corresponding to the most severe of the penalties imposed upon him
- The maximum duration of the convict’s sentence shall not in no case exceed 40 years
- It is to be applied when the convict is already serving sentence
- THIS IS SERVICE OF PENALTY NOT IMPOSITION OF PENALTY

INDETERMINATE SENTENCE LAW or ISLAW

-purpose is to avoid prolonged imprisonment because it is proven to be more destructive than
constructive to the offender
-instances when it does not apply:
a. persons convicted of an offense punishable with death penalty or LI
b. persons convicted of treason, conspiracy, proposal to commit, rebellion, espionage, sedition, piracy
c. habitual delinquent
d. escaped confinement or evaded service
e. granted conditional pardon
f. max term does not exceed 1 yr
g. destierro or suspension
 Divisible
Aggravating Mitigating Period
0 0 medium
1 0 maximum
0 1 minimum
0 2 or more Lower by one degree
1 2 or more minimum

PROBATION LAW
- Manner of disposing of an accused who have been convicted by trial court by placing him under
supervision of a probation officer, under such terms and conditions that the court may fix
- Awarded before service of sentence
FF ARE DISQUALIFIED:
1. Sentenced to a max term of more than 6 yrs
2. Convicted of subversion or any crime against national security
3. Previously convicted of a final judgment of an offense not less than 1month
4. Once on probation
5. Already serving sentence

NOTE!
-Once you filed an application for probation you waive the right to appeal
-in the same manner, when you appeal, you waive the right for probation