CLJ 3 (Criminal Law Book 1)

• Criminal Law is a penal law,, as defined by this court, is an act of the legislature that prohibits certain acts and establishes penalties for its violations. It is also a branch of law which define crimes, treats of their nature and provide for their punishment.
• Two branches of criminal law:

  1. Substantive Law - establishes principles and creates and defines rights limitations under which society is governed
  2. Remedial Law - refers to the rules which prescrib the procedure for the protection and enforment of all claims arising from rights and duties.
• “Nullum Crimen Nulla Poena Sine Lege”

  There is no crime if there is no law punishi it.
• Crime - an act or omission punishable by law, forbidding or commanding it.
• Sources of Criminal Law

  1. Revised Penal Code (Act 3815)
  2. Special Penal Law passed by congress.
  3. Presidential decrees issued by the president.
• Theories of Criminal Law

  • Classical Theory
  • Positive Theory
  • Eclectic or Mixed Theory
  • Utilitarian or Protective Theory
• Classical Theory


  The basis of criminal liability is human free will and the purpose of penalty is retribution
• Positive Theory


  The basis of criminal liability is the sum of the social, natural, and economic phenomena to which the actor is exposed
• Eclectic or Mixed Theory


  Combination of positivist and classical thinking wherein crimes that are economic and social in nature should be dealt in a positive manner, thus, the law is more compassionate
• Utilitarian or Protective Theory


  The primary purpose of punishment under criminal law is the protection of society from actual and potential wrongdoers
• BASIC MAXIMS IN CRIMINAL LAW:

  1. Nullum Crimen Nulla Poena Sine Lege - There is no crime if there is no law punishing it.
  2. Actus non facit reum, nisi mens sit rea - the act cannot be criminal where the mind is not criminal.
  3. Doctrine of Pro Reo - whenever the law is to be constructed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient to the favorable to the offeder will be adopted.
  4. Actus me invito factus non est meus actus - an act done by me against my will is not my act.