Criminal Law
I. Fundamental Principles of Criminal Law
A. Schools of Thought
- Classical Theory
- Positivist Theory
- Eclectic or Mixed Theory
- Utilitarian Theory
I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW
A. Schools of Thought
B. Construction or Interpretation of Penal Laws
C. Mala in se and mala prohibita
D. Principles of Generality, Territoriality and Prospectivity
E. Constitutional Limitations on the Power of Congress to Enact Penal Laws
Definitions
| IMPUTABILITY | RESPONSIBILITY |
| The quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own. | The obligation of suffering the consequences of crimes. It is the obligation of taking the penal and civil consequences of the crime. |
| Implies that a deed may be imputed to a person. | Implies that the person must take the consequences of such a deed. |
GUILT is an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is guilty.
Mala In Se vs. Mala Prohibita
| MALA IN SE | MALA PROHIBITA |
| BASIS | |
| Moral state of the offender | Voluntariness |
| GOOD FAITH | |
| Good faith or lack of criminal intent is a defense | Good faith or lack of criminal intent is not a defense unless intent is an element of the crime (e.g. Sec. 3[e] of R.A. 3019) |
| MODIFYING CIRCUMSTANCES | |
| Taken into account in imposing the penalty on the offender precisely because his moral trait is the basis of the crime. Greater perversity deserves a higher penalty whereas lesser depravity deserves mitigation | Modifying circumstances apply when the special law provides for them or when Revised Penal Code provisions apply suppletorily and are compatible (Revised Penal Code, Art. 10) |
| DEGREE OF PARTICIPATION | |
| Penalty is computed on the basis of whether the malefactor is a principal offender, or merely an accomplice or accessory | Liability and penalties for participants depend on the particular statute; the Revised Penal Code may apply suppletorily where compatible (Revised Penal Code, Art. 10) |
| STAGE OF ACCOMPLISHMENT | |
| Penalty imposed depends on whether the crime is consummated, frustrated, or attempted | An attempted violation is punishable when the special law so provides; consult the particular law for punishable stages (e.g. R.A. 9165, Sec. 26) |
| MORAL TURPITUDE | |
| Crimes mala in se generally involve moral turpitude logically so for its basis is the moral state of the offender | A mala prohibita offense may involve moral turpitude; determine this from the nature of the offense and the circumstances relevant under controlling case law (Dela Torre v. COMELEC, G.R. No. 121592, July 5, 1996) |
| LAW VIOLATED | |
| Generally, the Revised Penal Code | Generally, special penal laws |
Quantity of evidence required for conviction
Conviction on a count requires proof beyond reasonable doubt of every element of the offense charged under the 1987 Constitution, Art. III, Sec. 14(2), and Rule 133, Sec. 2, Rules of Court. (People v. San Juan, G.R. No. L-2997)
Art.116 as exception to rule that mere silence does not make a person criminally liable.
Failure to report violations of the law is not a crime, except in certain cases. Art. 116 is such an exception to the rule that mere silence about the commission of a crime does not make a person criminally liable. (People v Saavedra, GR No. L49738, May 18, 1987)
Grave Offense
“Offense” need not be a crime. It may be any act or event which offends the accused causing mental agony to him and moves him to vindicate himself of such offense. (Boado, Compact Reviewer in Criminal Law)