Kimberly

• Crime


  • An act or omission in violation of a criminal law
  • An anti-social act; an act that is injurious, detrimental, or unacceptable acts
  • An act which is considered undesirable due to behavior maladjustment of the offender
• Types of crime


  • Felonies - those in violation of the Revised Penal Code (RPC)
  • Offenses - those in violation of status or special laws
  • Misdemeanors - those in violation of municipal ordinances
• All felonies are crime but not all crimes are felony because crime could also be in the form of an offense or misdemeanour
• General types of crime

  • Blue-collar crime
  • Corporate crime
  • Organized crime
  • Political crime
  • Public order crime
  • State crime
  • State-corporate crime
  • White-collar crime
• Organized crime


  • Durability over time
  • Diversified interests
  • Hierarchy structure
  • Capital accumulation
  • Reinvestment
  • Access to political protection
  • Use of violence to protect interests
• Natural laws


  Laws rooted in core values shared by many cultures, protecting against harm to persons or property, forming the basis of the common law system
• Mala in se


  Crimes where the person knows that what they're doing is wrong
• Statutory laws


  Penal laws created by the Congress (House of Representatives and Senate)
• Mala prohibita


  An act which would not be wrong but for the fact that positive law forbids them
• Divine laws


  Rules enshrined in the Holy Book, e.g. the 10 Commandments for Christians
• Criminal law


  A body of specific rules regarding human conduct which are promulgated by political authority, applied uniformly to all members of the classes, and are enforced by the punishment administered by the state
• Nullum Crimen Nulla Poena Sine Legis (Latin Legal Maxim): No matter what degree of immorality, reprehensibility or indecency of an act, it is not a crime unless it is prohibited by the said law
• Basic elements of criminal law

  • There must be a law or state promulgated by the state
  • The law or statute must specifically define what act or conduct is criminal
  • The law or statute must have a penal sanction
• Sources of criminal law

  • The Revised Penal Code (Act No, 3815) and its amendments
  • Special Penal Laws (Status) passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa
  • Penal Presidential Decrees issued during Martial Law
• Characteristics of criminal law

  • Generality
  • Territoriality
  • Irrestrospectivity or Prospective
• Functions of criminal law

  • Providing social control
  • Discouraging revenge
  • Expressing public opinion and morality
  • Deterring criminal behavior
  • Maintaining the social orders
• Early legal codes


  • Code of Hammurabi
  • Mosaic Code
  • Draconian Code
  • Hindu Code of Manu
  • Koran
  • Law of 12 Tables
  • Code of Kalantiao
• The Philippines has the Revised Penal Code (Act No. 3815) which took effect on January 1, 1932
• Parts of the Revised Penal Code

  • Principles affecting criminal liability
  • Penalties including criminal and civil liability
  • Specific felonies and their penalties
• Before the code of Kalantiao was promulgated in 1433, the people of Pre-Spanish Philippines had a customary and unwritten law
• Some striking laws promulgated during the pre-Spanish period

  • Due respect to elders and parents
  • Strict obedience of children to their parents
  • Strict fulfilment of contract
  • Equality of husband and wife both socially and in the control of their property
• The code of Kalantiao provided severe punishment for crimes, including death, incineration, mutilation of fingers, slavery, flagellation, being bitten by ants, and swimming under water
• The story of the Code of Kalantiaw has been recognized through the ages by known authors, but in 1968 historian William Henry Scott called it a "hoax"
• Articles in the Code of Kalantiaw

  • You shall not kill, neither shall you steal, neither shall you do harm to the aged, lest you incur the danger of death
  • You shall obey. Let all your debts with the headman be met punctually
  • Obey you: let no one have women that are very young nor more than he can support; nor be given to excessive lust
  • Observe and obey; let no one disturb the quiet of the graves
  • You shall be obliged to revere sights that are held in respect, such as those of trees of recognized worth and other sights
  • These shall be put to death; he who kills trees of venerable appearance; who shoot arrows at night at old men and women; he who enters the houses of the headmen without permission; he who kills a shark or a streaked cayman
  • Slavery for a doam (a certain period of time) shall be suffered by those who steal away the women of the headmen; by him who keep ill-tempered dogs that bite the headmen; by him who burns the fields of another
  • All these shall be beaten for two days: who sing while traveling by night; kill the Manaul; tear the documents belonging to the headmen; are malicious liars; or who mock the dead
  • It is decreed an obligation; that every mother teach secretly to her daughters matters pertaining to lust and prepare them for womanhood; let not men be cruel nor punish their women when they catch them in the act of adultery
  • These shall be burned: who by their strength or cunning have mocked at and escaped punishment or who have killed young boys; or try to steal away the women of the elders
  • These shall be drowned: all who interfere with their superiors, or their owners or masters; all those who abuse themselves through their lust; those who destroy their anitos (idols) by breaking them or throwing them down
  • All these shall be exposed to ants for half a day: who kill black cats during a new moon; or steal anything from the chiefs or agorangs, however small the object may be
  • These shall be made slave for life: who have beautiful daughters and deny them to the sons of chiefs, and with bad faith hide them away
  • Concerning beliefs and supuperstitions; these shall be beaten: who eat the diseased flesh of beasts which they hold in respect, or the herb which they consider good, who wound or kill the young of the Manaul, or the white monkey
  • The fingers shall be cut-off: of all those who break idols of wood and clay in their alangans and temples; of those who destroy the daggers of the tagalons, or break the drinking jars of the latter
  • These shall be killed: who profane sites where idols are kept, and sites where are buried the sacred things of their diwatas and headmen. He who performs his necessities in those places shall be burned
  • Those who do not cause these rules to be obeyed: if they are headmen, they shall be put to death by being stoned and crushed; and if they are agorangs they shall be placed in rivers to be eaten by sharks and caymans
• Felony


  An act or omission punishable by law, specifically by the RPC, committed by means of dolo (deceit) or culpa (fault)
• Legal classifications of felony

  • Intentional crime (dolo or deceit) - committed by means of malice
  • Culpable felony (culpa or fault) - committed by means of negligence, imprudence, lack of skill, or carelessness
• The fingers shall be cut-off: of all those who break idols of wood and clay in their alangans and temples; of those who destroy the daggers of the tagalons, or break the drinking jars of the latter
• These shall be killed: who profane sites where idols are kept, and sites where are buried the sacred things of their diwatas and headmen. He who performs his necessities in those places shall be burned
• Those who do not cause these rules to be obeyed: if they are headmen, they shall be put to death by being stoned and crushed; and if they are agorangs they shall be placed in rivers to be eaten by sharks and caymans
• Felony


  An act or omission punishable by law, specifically by the RPC. It is committed by means of dolo (deceit) or culpa (fault)
• Legal classifications of felony

  • Intentional Crime (Dolo or Deceit)
  • Culpable Crime (Culpa or Fault)
• Stages in the commission of crimes

  • Consummated Crime
  • Frustrated Crime
  • Attempted Crime
• Plurality of crimes


  • Simple Crime
  • Complex Crime
• Gravity of crimes


  • Grave Felonies
  • Less Grave Felonies
  • Light Felonies
• Categories of crimes


  • Crimes against National Security and the Law of Nations
  • Crimes against the Fundamental Laws of the State
  • Crimes against Public Order
  • Crimes against Public Interest
  • Crimes Relative to Opium and Other Prohibited Drugs
  • Crimes against Public Morals
  • Crimes Committed By Public Officers
  • Crimes against Persons
  • Crimes against Personal Liberty and Security
  • Crimes against Property
  • Crimes against Chastity
  • Crimes against the Civil Status of Persons
  • Crimes against Honor
  • Quasi-Offenses
• Criminological classifications of crime

  • Acquisitive Crime
  • Extinctive Crime
• Time or period of the commission of crime

  • Seasonal Crime
  • Situational Crime
• Length of time of commission of the crime

  • Instant Crime
  • Episodic Crime
• Place or location of crime

  • Static Crime
  • Continuing Crime
• Use of mental faculties

  • Rational Crime
  • Irrational Crime