Q: We call our penal code, the REVISED PENAL CODE, why, which penal code was revised?The Spanish Penal Code

Q: How was it revised?*A committee was formed pursuant to Administrative Order No. 94 by the Department of Justice.

*The committee was formed on Oct 18, 1827*The committee was composed of Anacleto Diaz (head); Quintin Paredes; Alex Reyes and Mariano De Joya

Q: How did the revision come about?*the RPC contains provisions of the Spanish penal code, US Penal Code and SC decisions of the Philippines before the creation of the RPC

Q: What are the sources of criminal law?*Revised Penal Code

*Special Penal Laws enacted or passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, Batasang Pambansa, Congress of the Philippines*Penal Presidential Decrees issued during Martial Law (only because the President at that time had legislative power, but generally, the Executive branch cannot issue EO or PP that are penal in nature)*Spanish Penal Code*US Penal Code (we copied the ff crimes from the US Penal Code: estafa, malversation, etc)

Q: When did the RPC took effect?Jan 1, 1932

Q: Why is there a long lapse of time in the effectivity and approval of the RPC?So that PH will be familiarized with the new provisions of the RPC

Q: Who approved the RPC?US President

Q: What is the degree of proof needed to convict an accused of a criminal charge?Proof beyond reasonable doubt (Start Here)

Q: Is this absolute?No.

In the crime of treason, PBRD is not the only requirement. There is a requirement of the 2 witness rule

Q: May a person be convicted by reason of the spirit of the law?No. Only by the language of the law. It should be clear and in case of doubt, it should be favorable to the accused.

June 21, 2011

Q: What else?RA 75 – Public International Law

Diplomatic immunity and cannot be sued, arrested or punished by the law of the country where they are officially assigned:

AmbassadorsSovereign or other chief of State

Ministers plenipotentiary or minister residentsCharge d’affairsDomestic Servants of persons mentioned

NOTE: Consuls and other consular officials are not exempt from criminal liability because they represent the business, commercial mercantile of their country; while, ambassadors, chiefs of State, etc. represent the political interests of their country of origin.

Q: Suppose one day, you shut a person at Roxas Blvd, when the police officers were running after you, you jumped over the fence of US embassy. May the officers arrest you, while you are inside the US embassy?

No.

Q: What is then the remedy of the officers (Ph government)? Extradition

Q: suppose a Filipina legally married had sexual intercourse with an American at the Ph embassy. Is there any crime committed?Yes. The crime of adultery, but she cannot be prosecuted under Ph courts because of the embassy rule.

Q: who else is exempt/immune from criminal prosecution?Executive directors of WHOMembers of the Constitutional CommissionJustices of Supreme Court

Q: How about consular officials?They are not covered. They are not exempt from criminal liability because they represent the business, commercial mercantile interests of their country of origin.

Q: Suppose Ambassador of Japan to the US committed a crime in the Philippines, may he be prosecuted?

Yes, because he is not a recognized diplomatic representative of his country to the Philippines.

Article 2

^par 1-5 of Art 2 is not an exemption to the territoriality principle, it is EXTRATERRITORIALITY!

Q: The first instance in Art 2?Should commit an offense while on Ph ship or airship

Q: What is Ph ship or airship?Ship registered with MARINAAirship registered with Civil Aeronautics Board

Q: What are the requirements in order a ship/airship be a Ph ship?It must be registered in accordance with Ph laws

Q: Why not register in Bureau of Customs?The law requiring registration in Bureau of Customs had been repealed. Now its Marina and CAB

Q: Does PH include warship?No. Warship has different rule

Q: Suppose a cargo ship in Quezon going to Malaysia, within Ph territory, 1 crew committed homicide against another crew, who has jurisdiction?

PH. The crime is committed in PH territoryIt is not important whether cargo ship is registered or not, because crime committed in Ph territory. (Territoriality principle)

Q: Suppose that cargo ship traversed through international waters then reached the waters of Malaysia, 1 crew member committed homicide against another. Which court?

Malaysia. Because the crime is committed in Malaysian waters

^Art 2, par 1 ceases to apply if the ship is in the territory of foreign country^Art 2, par 1 applies only if the ship is in international waters

Q: Suppose you live in a coastal town, then you hired an unregistered motorboat, then you went to int’l waters, then you shoot your gf because you are so depressed because of recitations in criminal law review, will you be liable?

No. unregistered motorboat

Q: suppose in the same motorboat, a married man with his new gf went on high seas, and there got married. Is the man liable for any crime?

Yes. He is liable for bigamy. (because he contracted a second marriage)BUT he cannot be prosecuted because of the territoriality principle. The crime was committed outside Ph territory.

Q: suppose after the wedding ceremony, you went to a resort, where there is a big reception. In that resort, you had your honeymoon; will you (married man) be liable for any crime?No. Not concubinage because mere sexual intercourse not punishable, it must be under scandalous manner

Q: suppose after your honeymoon, you live together in a condo in Manila, will you be liable?Yes. Concubinage Cohabitation; living in a separate home as husband and wife

Q: What are the 2 rules?

English Rule – vessel is in the territory of another country, crimes committed in that area are triable in that other country, unless the crimes committed involve purely internal matters within the vessel; the emphasis is on the territoriality of the vessel; where the vessel is found

French Rule – vessel is in the territory of another country, crimes committed in that area are not triable in that country, unless the crimes committed have endangered the peace and security of that country; the emphasis is on the nationality of the vessel; jurisdiction lies where the merchant vessel is registered.

^The PH adheres to the English rule

Q: Cargo ship, registered in Panama while in Manila, 1 crew member shoot the other crew member, who has jurisdiction?

Ph courts. Crime committed in manila

Q: Cargo ship, registered in Panama, carried shabu, which court has jurisdiction?Ph courts.

Q: Second instance in Art 2?Art 2 par 2.Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands

Q: what may be the subject of forgery?Any coin, Currency Note, obligations and securities issued by the Government of the Philippine Islands

Q: Suppose you have a printing press in Taiwan, and you printed Bagong Lipunan notes (martial law), liable?

No. Because Bagong Lipunan notes are not legal tender

Q: Suppose coins withdrawn from circulation, liable?Yes. The law does not distinguish. It says ANY COIN

Q: Suppose in you tampered a lotto ticket, liable?Yes. Lotto ticket is obligations and securities issued by the GPI

Q: give examples of obligations and securities of GPITreasury bills, lotto tickets, bonds of the BSP

^Obligations and Securities of GSIS, SSS, Landbank are not of the GPI because they have their own charter

Q: any other instance?Art 2, par 3

Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number

^those who introduced the counterfeited items are criminally liable, even if they were not the ones who counterfeited the obligations & securities

^on the other hand, those who counterfeited the items are criminally liable even if they did not introduce the counterfeit items

Q: any other instance?Art 2, par. 4While being public officers or employees, should commit an offense in the exercise of their functions

Q: who is a public officer? (see Art 203)*taking part in the performance of public functions in the government, or performing in said government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and

*that his authority to take part in the performance of public functions or to perform public duties must be –

a. by direct provision of the law, orb. by popular election, orc. by appointment by competent authority

Q: Suppose PH ambassador to Germany was given USD 200,000 as a fund to renovate the PH embassy building in Germany. He used only USD 50,000 for the renovation, and gave the USG 150,000 to his number 2 in Germany. Is he (ambassador) liable?

Yes. He is liable for malversation of public funds. He may be prosecuted in Ph courts. He was in custody of the money by reason of his official functions

Q: Suppose our AFP high officials were tasked to scout for firearms abroad, and while they are negotiating with foreign companies abroad, these companies inserted USD1000 in the proposal folder in anticipation that their company will be chosen by AFP to be the supplier of our firearms. May these AFP officials be liable?

Yes. They are liable for bribery.

Q: (follow-up) Even if the act of accepting the bribe was committed abroad, will they still be liable?Yes, because the act was committed in relation or while the AFP are in discharge of their official functions.

Q: Suppose Chairman Abalos (comelec) while playing golf in Shanghai, China received USD50,000 in relation to the ZTE? Is there a crime committed? May he be liable?

Crime – anti graft & corrupt practices actBUT, he cannot be liable/prosecuted before Ph courts because Abalos has nothing to do with ZTE (paki alamera lang siya). Therefore, he received the money not in connection with his official function.

Q: Suppose the PH ambassador to Australia is legally married. Can he be prosecuted for concubinage?No. Crime was committed outside PHCrime was not in relation to official functionsElements of concubinage:

1. That the man must be married.2. That he committed any of the following acts:

a. Keeping a mistress in the conjugal dwelling.

b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife.

c. Cohabiting with her in any other place.3. That as regards the woman she must know him to be married

Q: Can the PH ambassador use immunity from suit as a defense against PH courts?No

Q: PH ambassador, married, had sexual intercourse with her American boyfriend in the comfort room of PH embassy. May he be prosecuted?

Yes. Ph embassy is an extension of Ph territoryFor what crime – adultery

Q: may the American citizen bf be liable for any crime?Yes. Adultery Elements:

*That the woman is married (even if marriage subsequently declared void)*That she has sexual intercourse with a man not her husband.*That as regards the man with whom she has sexual intercourses, he must know her to be married.

Q: Last instance?Art 2, par 5Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

Q: Give example of crimes against national security?Treason, espionage, conspiracy to commit treason

Q: How about rebellion?No. rebellion is crimes against public order

Q: crimes committed by the MILF?No. Crime against public order

Q: example of violation of the law of nations?Anti – terror lawCrimes against humanityGenocide

Q: what are the 2 kinds of piracy?Piracy under the RPCPiracy under PD 532

Q: what does Art 2 covers?Piracy under RPC only. Because piracy under PD532 is committed within PH waters