The Philipine Criminal Law

Criminal Law in the Philippines is primarily found in the Revised Penal Code or Act No. 3815. This was enacted way back January of 1932 and is still in effect up to now. The Revised Penal Code was translated from Spanish Criminal Laws to English and adopted it us the Philippines own. Even though the first Fundamental Law of the Philippines were not in effect until 1937 the Revised Penal Code (RPC) still stands. It is one of the oldest laws in Philippine history. It outlines the basic crimes and provides for its punishment, penalties and fines.

Criminal Law in the Philippines defines the crimes committed or omitted in violation of the law commanding it. The Revised Penal Code is not the only source of Criminal Law but also includes special laws enacted after the RPC, amendments and presidential decrees.

Criminal Laws in the Philippines are prospective in character. Once a law punishing a crime is enacted it is applied forward in time if it were otherwise it would be unconstitutional. This is called an ex post facto law where it makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act. This is also a limitation in Criminal Law in the Philippines. Another limitation is the bill of attainder where the law inflicts punishment without trial. This is not allowed in the Philippines because of the safeguards provided by the Constitution.

Second character of Philippine Criminal Law is general, in that criminal law is binding on all persons who live or sojourn in Philippine territory. Third character is territoriality, in that criminal laws undertake to punish crimes within Philippine territory.

Criminal Law in the Philippines is described as part Inquisitorial and part Accusatorial. The suspect is deemed innocent until proven guilty and in other countries it is the other way around. This is a Constitutional right provided for by the 1987 Constitution of the Philippines.

As one of the rights provided for by the Constitution the accused is considered innocent until proven guilty, next, is he must be given the chance to be heard in a competent court and defend himself of the accusations against him. He must be present in the proceedings and he can testify as a witness in his own behalf. Assisted by counsel and tried by an impartial court. It is called due process of law and equal protection.