Characteristics Of Criminal Law | Things To Learn & Know About

What is Criminal Law?

In the Philippines, as in most countries, criminal law is that branch of substantive public law, which defines crimes, treats of their nature, and provides for their punishment.¹ Included in this discussion as the central topic thereof are the characteristics of Criminal Law, which we will talk about as we go along.

According to Henry Campbell Black, Criminal Law is that law which for the purpose of preventing harm to society, (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of liability. Substantive criminal laws are commonly codified into criminal or penal codes; e.g. U.S.C.A. Title 18, California Penal Code, Model Penal Code.²

The term “criminal law” generally refers to violations of criminal statutes or statutory provisions, but may also describe any action prohibited by a government, including violation of administrative rules or regulations.

If there is no statute prohibiting an act, it is not a criminal offense. Hence, this is in accordance with the maxim “nullum crimen, nullum poena sine lege“. There are no crimes, felonies, or offenses if there are no statutes or laws punishing the same.

In the same vein, Criminal law is the body of statutory laws that relate to crime, felonies, or offenses. It deals with conduct that is punishable by the state, rather than by a private party. Criminal acts are considered to be violations of public law, as opposed to private civil wrongs.

Currently, the main legislation and major source of Philippine Criminal Law is the Revised Penal Code, Republic Act [RA] No. 3815³ in particular. The Philippine Congress also enacts special law which have the characteristics of punitive statutes.

The term “special law,” for purposes of criminal law, is one which is not amendatory of the provisions of the Code but which defines and covers crimes not covered by the Revised Penal Code.

Yet, it must be noted that the provisions of the Revised Penal Code are supplementary to such “special laws”.⁴ On the other hand, this concept and rule do not apply to special legislation amending the provisions of the [Revised Penal] Code since they are integrated into and form part of the latter.

People who face criminal charges are called accused, the plaintiff being the People of the Philippines. Those who who prosecute and try the accused in court are called prosecutors. A conviction or guilty plea in a criminal case generally results in a penalty or punishment being imposed.

Sources of Philippine Criminal Law

In the Philippines, the primary sources of Criminal Laws are as follows, to wit:

• The Revised Penal Code, which took effect on January 1, 1932.⁵
• Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa.⁶
• Penal Presidential Decrees issued during Martial Law.⁷

What is a crime?

Crime is an act committed in violation of a public law forbidding or commanding it. (I Bouvier’s law Dictionary, Rawle’s Third Revision, 729).⁸

Crime is a positive or negative act in violation of a penal law; x x x x . . . A crime may be defined to be any act done in violation of those duties which an individual owes to the community, and for the breach of which the law has provided that the offender shall make satisfaction to the public. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either, or a combination, of the following punishments: (1) death⁹; (2) imprisonment; (3) fine; (4) removal from office; (5) disqualification to hold and enjoy any office of honor, trust, or profit. While many crimes have their origin at common law, most have been created by statute; and in many states, such have been codified. x x x x . . .¹⁰

There are no Common-Law Crimes in the Philippines

By the term itself, common law crimes are those acts or omissions, which may be wrongful in themselves by their nature and/or effect; yet, there is no law or statute penalizing and punishing the same. Hence, they are not criminal acts even though they may be morally wrong.

Therefore, unless and until, subsequently, a new law shall have been enacted specifically punishing those actions or omissions, they will remain merely as a reprehensible acts but not criminal.

The so-called common law crimes, known in the United States and England as the body of principles, usages and positive declaration of the will of the legislature, are not recognized in this country [Philippines]. Unless there be a particular provision in the penal code or special penal law that defines and punishes the act, even if it be socially or morally wrong, no criminal liability is incurred by its commission. (See U. S. v. Taylor,¹¹ 28 Phil. 599 604)¹²

What are the characteristics of Criminal Law?

In the Philippines, as in many countries, criminal law provides the state with a means to catch and punish those who violate the general welfare of its citizens. The state may take any legal action, be it an organization or person that is mandated by law to enforce public safety. For example, in the Philippines, crimes are prosecuted either by a regular court or an anti-criminal agency.

“For as far back as we can trace man’s existence, he has been subject to laws which he has either made or accepted from others.” Despite that, man is still subjugated as ignorance of the law excuses no one from compliance therewith, This quote aptly sums up the nature of our present legal system that it evolved from a primitive state of affairs to the present state of highly advanced civilization.

Characteristics of Criminal Law | Philippines and All Other States [In General]

Criminal Law has three (3) main characteristics. These are:

• It is General in its application.
• It is Territorial, which means that the venue, whether municipal or international, is jurisdictional.
• It is Prospective, which means that Criminal Laws shall have no retroactive effect, unless favorable to the accused.

Hence, to expound further, we shall discuss the characteristics of Criminal Law in seriatim.

I] Generality

Article 14 of the New Civil Code provides that:

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations.¹³

This civil law provision undoubtedly recognizes the Penal Laws of the Philippines as applicable to persons who committed punishable acts within the territory of the Philippine State, whether Filipino Citizens or not. Thus, the Philippine Penal Laws are binding against the perpetrators who live and sojourn within the territory of the Philippines.

Consequently, the law [ex. the Revised penal Code] applies to all persons who commit felonies in the Philippine territory, regardless of nationality, gender, age, or other personal circumstances.

In applying this principle:

• The prohibition against unlicensed firearms applies to US Citizens who live and sojourn here in the Philippines, even though under their Fundamental Law, they have the guaranteed constitutional rights to keep and bear arms.

The Philippines is a sovereign state with the obligation and the right of every government to uphold its laws and maintain order within its domain, and with the general jurisdiction to punish persons for offenses committed within its territory, regardless of the nationality of the offender. (Salonga and Yap, Public International Law, p. 169)¹⁴

• As a general rule, the jurisdiction of civil courts¹⁵ is not affected by the military character of the accused.

“The case is therefore open to the application of the general principle that the jurisdiction of the civil tribunals is unaffected by the military or other special character of the person brought before them for trial, a principle firmly established in the law of England and America and which must, we think, prevail under any system of jurisprudence unless controlled by express legislation to the contrary.”¹⁶

• The Philippine Civil Courts have concurrent jurisdiction with general courts martial over soldiers of the Armed Forces of the Philippines.

Civil courts have jurisdiction over murder cases committed by persons subject of military law.

Even in times of war, the civil courts have concurrent jurisdiction with the military courts or general courts-martial over soldiers of the Philippine Army, provided that in the place of the commission of the crime no hostilities are in progress and civil courts are functioning. (Valdez v. Lucero,¹⁷ 76 Phil. 356)¹⁸

Exception: 

When the military tribunal had already taken cognizance of the case against the person subject of military law.¹⁹

Established Exceptions to the Rule of Generality

There are established exceptions to the Rule of Generality, such as:

• offenses covered by treaty stipulations
• laws of preferential application
• principles of public international law

1] Treaty Stipulations

With the developments in the international relations, executive agreements are, for purposes hereof, placed on the same level as a treaty. Examples of this exception are Art. XIII of the former Military Bases Agreement between the Philippines and United States (See 43 O.G. 1020) and their recent Status of Visiting Forces Agreement.²⁰

In this instance, the Philippine Sovereignty consents to the jurisdiction of the other party [United States] to exercise jurisdiction on certain or any offense committed

a] by any person within its area of jurisdiction,

b] by any member of the USA Armed Forces outside of their area or outside of the bases

c] by any member of the USA Armed Forces against the security of the United States

2] Laws of Preferential Application

These are exemplified by Sec. 11, Art. VI of the 1987 Constitution which grants immunity from prosecution to congressman and senators; and R. A. 75²¹ which penalizes the procurement and enforcement of criminal processes against diplomats, their domestic and servants, subject to the conditions provided therefor.²²

3] Principles of Public International Law

It is generally accepted that sovereigns, heads of state, and persons with diplomatic status and immunity are not subject to the provision of [Revised Penal] Code, but consuls and consular officers are not exempt from local prosecution (Schneckenburger vs. Moran,²³ etc., 63 Phil. 249)²²

Also, public vessels of a friendly foreign power are not subject to local jurisdiction (See U. S. vs. Fowler, 1 Phil 614). It has likewise been held that as a matter of international practice, members of a foreign army stationed in the Philippines with its consent are generally exempt from criminal jurisdiction subject to such agreements as may have been entered into in connection therewith, which agreement need not be treaty (See Raquiza vs. Bradford,²⁴ 75 Phil. 50)²⁵

II] Territoriality

The Code applies to all offenses committed within  Philippine  territory.

• The national territory of the Philippines consists of its territorial, fluvial and aerial domain, as well as its maritime zone. That territorial domain is set forth in Art. I of the 1987 Constitution.²⁶
• The maritime zone, as then accepted in international law, was 3 geographical miles from the shore, starting at the low water mark (I Oppenheim, International Law, 241).⁷

Note, however, R.A. 3046 which delineates the extent of Philippine territorial jurisdiction in accordance with the baselines theory. See also the Convention on the Law of the Sea regarding archipelagic territorial waters and exclusive economic zones. Under said convention, the territorial sea extends 12 nautical miles, and the exclusive  economic zone is 200 nautical miles, outward from the shores of the country.⁷

Established exceptions to the Rule of Territoriality

• Exceptions to the rule of territoriality are found in Art. 2 of the [Revised Penal] Code which provides for extraterritorial jurisdiction of our courts.⁷

Article 2. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:²⁷

1. Should commit an offense while on a Philippine ship or airship;²⁸

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;²⁸

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;²⁸

4. While being public officers or employees, should commit an offense in the exercise of their functions; or²⁸

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.²⁸

• Also to be considered in this rule is the question of jurisdiction over offenses committed aboa1d  foreign merchant vessels within our territorial waters.²⁹

a] Under the  French or nationality rule, the Philippines has no jurisdiction, unless the crime affects the peace and security of the country.³⁰

b] Under the  English or territoriality  rule, the country has jurisdiction over such offenses, unless the  same affect or refer only to the internal management of the vessel.⁷

Our criminal justice system applies the English rule. Thus, it  has  been  held that mere possession  of opium on a merchant ship in transit is not triable by our courts; but if such vessel is not in transit as its terminal port is the Philippines, it may involve illegal importation of opium (U.S . vs. Ah Sing,³¹ 36 Phil. 978).⁷

If the drug is landed on Philippine soil (U.S. vs. Look  Chaw,³² 18  Phil. 573), or the opium is smoke d aboard the vessel in Manila Bay (People vs. Wong Cheng,³³ 46 Phil. 729), prosecution will lie since the specified acts are in open defiance of our laws and are breaches of the public order.⁷

III] Prospectivity

The Code has no retroactive effect (Art . 366), unless its provisions would be favorable  to the accused who is not a habitual delinquent (Art. 22), except later law provides against such retrospective effect (Tavera vs. Valdez,³⁴ 1 Phil. 468).³⁵

A penal law cannot make an act punishable in a manner in which it was not punishable when committed,³⁶ as there has been nor effective statute yet defining and penalizing the same.

As provided in Article 366 of the Revised Penal Code, crimes are punished under the laws in force at the time of their commission.⁷

Conclusion

Criminal law is a unique, robust, and multi-faceted part of the law. It encompasses every aspect of our legal system from the investigation of crimes, to the prosecution of offenders to the punishment of those found guilty.

It is often misinterpreted or confused, but it is important that criminal lawyers have a thorough understanding of criminal law and its role in our legal system.

The characteristics of Criminal Law have laid down the applicability of punitive statutes to certain situations. It has taught us that no one is above the law. Regardless of his citizenship and status, when one violates a penal statute, he shall be  proceeded accordingly in accordance with law.

Moreover, venue, whether domestic or international application, is jurisdictional. Crimes committed in certain localities in the Philippines shall be cognizable or under the jurisdiction of the courts in such localities.

Corollary thereto, offenses committed in another state by a Filipino shall be dealt with by such State in interest is affected by the commission of a particular crime by the said Filipino. The Philippines has no jurisdiction, unless the perpetrator is extradited under a valid and existing treaty for that matter.

Finally, criminal laws are prospective in its applicability. It can  only be applied retroactively if the same is favorable to the accused. Other than that, even if the law provides for its retroactivity which is prejudicial or covering an act that is not yet a crime when committed, the same will not be allowed as it will violate the right against ex post facto law.

1. Criminal Law Conspectus, J. Regalado, 1st Edition, p. 2[↩]
2. Black’s law Dictionary, Henry Campbell Black, 6th Edition, p. 374[↩]
3. RA 3815, otherwise known as the Revised Penal Code of the Philippines[↩]
4. Article 10, Revised Penal Code[↩]
5. Article 1, Revised Penal Code[↩]
6. The Revised Penal Code, Luis B. Reyes, 18th Edition, p. 1[↩]
7. Ibid.[↩][↩][↩][↩][↩][↩][↩][↩]
8. The Revised Penal Code, Luis B. Reyes, 18th Edition, 2012, p. 1[↩]
9. Philippines has no Death Penalty, Republic Act No. 9346[↩]
10. Black’s law Dictionary, Henry Campbell Black, 6th Edition, p. 370[↩]
11. G.R. No. L-9726 December 8, 1914[↩]
12. Supra., The Revised Penal Code, Luis B. Reyes, 18th Edition, 2012, p. 1[↩]
13. Article 14, New Civil Code of the Philippines[↩]
14. Supra., The Revised Penal Code, Luis B. Reyes, 18th Edition, 2012, p. 6[↩]
15. Civil Courts should be construed as differentiated from Military courts. Hence, civil courts in this interpretation also try criminal cases[↩]
16. U.S. vs. Sweet, G.R. No. 448, September 20, 1901[↩]
17. G.R. No. L-246, March 27, 1946[↩]
18. Supra., The Revised Penal Code, Luis B. Reyes, 18th Edition, 2012, p. 7[↩]
19. Supra., The Revised Penal Code, Luis B. Reyes, 18th Edition, 2012, p. 8[↩]
20. Criminal Law Conspectus, J. Regalado, 1st Edition, p. 5[↩]
21. Republic Act No. 75[↩]
22. Ibid., Criminal Law Conspectus, J. Regalado, 1st Edition, p. 5[↩][↩]
23. G.R. No. L-44896, July 31, 1936[↩]
24. G.R. No. L-44, September 13, 1945[↩]
25. Ibid., Criminal Law Conspectus, J. Regalado, 1st Edition, p. 5-6[↩]
26. Ibid., Criminal Law Conspectus, J. Regalado, 1st Edition, p. 6[↩]
27. Article 2, Revised Penal Code of the Philippines[↩]
28. Id.[↩][↩][↩][↩][↩]
29. Supra., Criminal Law Conspectus, J. Regalado, 1st Edition, p. 6[↩]
30. Criminal Law Conspectus, J. Regalado, 1st Edition, p. 7[↩]
31. G.R. No. L-13005, October 10, 1917[↩]
32. G.R. No. L-5887, December 16, 1910[↩]
33. G.R. No. L-18924, October 19, 1922[↩]
34. G.R. No. L-922, November 8, 1902[↩]
35. Supra., Criminal Law Conspectus, J. Regalado, 1st Edition, p. 7[↩]
36. The Revised Penal Code, Luis B. Reyes, 18th Edition, 2012, p. 14[↩]