CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL
Persons exempt from the operation of
our criminal laws by virtue of the
principles of public international law:
a. Sovereigns and other chiefs of
state
b. Ambassadors, ministers
plenipotentiary, ministers
resident, and chages daffaires
* A consul is not entitled to
the privileges and
immunities of an
ambassador or minister, but
is subject to the laws and
regulations of the country
to which he is accredited.
(This is in the absence of a
treaty to the contrary) --International Law
2. TERRITORIAL
Criminal laws undertake to punish
crims committed within Philippine
territory.
The principle of territoriality means
that as a rule, penal laws of the
Philippines are enforceable only
within its territory.
Article 2 of the Revised Penal Code
provisions of territoriality
1) Shall be enforced outside of
the jurisdiction of the PH
against those who:
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 obligations and
securities issued by the
govt of the PH
3. Should be liable for acts
c onnected with the
introduction into the PH
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
5. Should commit any of
the crimes against
national security and the
law of nations, defined in

Title One of Book Two of

the Revised Penal Code
Article 1 of the Philippine Constitution
National Territory

3. PROSPECTIVE
Article 366 of the RPC, crimes are
punished under the laws in force at the
time of their commission
Exceptions:
1) Where the new law is expressly
made inapplicable to pending
actions or existing causes of
action
2) Where the offender is a
habitual criminal under Tule 5,
Article 62, RPC
Different effects of repeal on penal
law:
1) If the repeal makes the penalty
lighter in the new law, the new
law shall be applied, except
when the offender is a habitual
delinquent or when the new
law is made not applicable to
pending action or existing
causes of action.
2) If the new law imposes a
heavier penalty, the law in
force at the time of the
commission of the offense shall
be applied.
3) If the new law totally repeals
the existing law so that the act
which was penalized under the
old law is no longer punishable,
the crime is obliterated
(destroyed).
When the repeal is absolute, the
offense ceases to be criminal.
When the new law and the old law
penalize the same offense, the
offender can be tried under the old
law.
When the repealing law fails to
penalize the offense under the old
law, the accused cannot be convicted
under the new law.
CONSTRUCTION OF PENAL LAWS
1. Penal laws are strictly constructed
against the Government and liberally in
favor of the accused.
2. In the construction or interpretation of
the provisions of the Revised Penal Code

the Spanish text is controlling, because it

was approved by the Phil. Legislature in
its Spanish text.