This is exemplified by articles 11 and VI of the 1987 Constitution, which grant immunity from prosecution to members of Congress and senators; and R.A. 75 Republic Act No. 75, which makes it a criminal offence to obtain and enforce criminal proceedings against diplomats, their domestic servants and domestic servants under the conditions provided for that purpose.  Ibid., Criminal Law Conspectus, J. Regalado, 1st edition, p. 5 If there is no law prohibiting an act, it is not a criminal offence. Thus, it corresponds to the maxim « nullum crimen, nullum poena sine lege ». There are no crimes, felonies or misdemeanors if there is no law or law that punishes it. Utilitarian theory or protection theory The main purpose of criminal punishment is to protect society from actual and potential criminals. Therefore, when courts require retaliation for the aggrieved society, they should impose punishment on potential or actual offenders, as the criminal law is directed against acts and omissions that society does not approve of. In accordance with this theory, the principle of mala prohibita, which punishes a crime regardless of malice or criminal intent, should not be used to enforce the full severity of the special law. According to the term itself, common law crimes are acts or omissions that may be unlawful in themselves by their nature and/or effect; Yet there is no law or law that punishes and punishes the same thing.
Therefore, these are not criminal acts, even though they may be morally reprehensible. In addition to the offences punishable under the revised Penal Code, several other criminal laws have been enacted to punish acts such as illegal possession and trafficking of dangerous drugs, money-laundering and illegal possession of firearms. These laws are called « special criminal laws » and are part of the Philippine criminal laws. There are some differences between offences punishable under the revised Criminal Code and special criminal laws. According to Henry Campbell Black, the criminal law is the law that, in order to prevent harm to society, (a) explains what constitutes criminal conduct and (b) prescribes the sentence to be imposed for such conduct. It includes the definition of specific criminal offences and general principles of liability. Substantive criminal law is generally codified in penal or penal codes; e.g. U.S.C.A.
Track 18, California Penal Code, Model Penal Code.  Black`s law Dictionary, Henry Campbell Black, 6th edition, p. 374 The term « criminal law » generally refers to violations of criminal laws or statutory provisions, but can also describe any act prohibited by a government, including the violation of administrative rules or regulations. Implied cancellation is not preferable. It requires a court of competent jurisdiction to annul it implicitly. A tacit repeal occurs when there is a law on a particular subject and a subsequent law is also passed on the same subject, but is incompatible with the first law, so that the two laws cannot hold together, one of the two laws must yield. It is the first that will give way to the later law, because the subsequent law expresses the recent legislative mood. So you can have a tacit repeal if there are two conflicting laws. Unless the previous law specifically provides that it repeals a previous law, what has happened here is a tacit repeal.
If the two laws can be reconciled, the court will always try to avoid implied repeal. For example, the minor offences referred to in article 9 are violations of the law for which a penalty of arrest or a fine not exceeding 200.00 pesos or both are provided. On the other hand, under article 26, a fine, whether imposed as an individual penalty or as an alternative measure, if it exceeds 6,000.00 pesos but is not less than 200.00 pesos, is considered a corrective sanction. These two articles seem contradictory. In order to harmonize them, the Supreme Court has ruled that when it comes to prescribing the crime, it is considered a minor crime and therefore prescribes within two months. However, if it is the limitation period of the penalty, the fine of 200.00 pesos will be considered a correction and is prescribed within 10 years. Clearly, the Tribunal avoided the conflict between the two articles. Consequences of the explicit or implicit annulment of the criminal law This is consistent with the fundamental rule that all doubts must be interpreted in favour of the accused and are consistent with the presumption of innocence of the accused.
This is unique to criminal law. The generality of criminal law means that the criminal law of the country regulates all persons in the country, regardless of race, creed, sex or creed. However, it is subject to certain exceptions caused by international agreements. Ambassadors, heads of State and other diplomatic officials enjoy immunity from criminal law if they are in the country where they are deployed. Therefore, to explain further, we will discuss the characteristics of criminal law in Seriatim. The term « special law » for criminal law purposes is a term that does not amend the provisions of the Criminal Code, but defines and covers offences that are not covered by the revised Criminal Code. Clients are punished more severely than accomplices, who are punished more severely than accomplices. However, if there is a conspiracy, there will no longer be any difference depending on whether a person acted as the main perpetrator, accomplice or accompaniment, because if there is a conspiracy, the criminal responsibility of all will be the same, because the act of one individual is the act of all.
Common law crimes are illegal acts that the community or society condemns as despicable, even if there is no law declaring the act criminal. The existence of certain circumstances has the effect of eliminating, mitigating or aggravating the criminal liability of persons. Persons who commit criminal offences where there are justifiable circumstances are not liable under criminal or civil law. Acting in self-defence is one such justifying circumstance. Philippine criminal law is the law and defines penalties in the Philippines. Public ships of a friendly foreign power are also not subject to local jurisdiction (see U. S. vs. Fowler, 1 Phil 614). It has also been held that, according to international practice, members of a foreign military stationed in the Philippines with their consent are generally exempt from criminal jurisdiction, subject to agreements concluded in this context, which do not need to be contractually agreed (see Raquiza vs. Bradford, G.R. No.
L-44, September 13, 1945 75 Phil. 50) Ibid., Criminal Law Conspectus, J. Regalado, 1st edition, pp. 5-6 Effects of the repeal of the criminal law on the responsibility of the author Some comments indicate whether the repeal is explicit or implicit. With regard to the criminal responsibility of an offender, it is not a question of whether a criminal law is expressly or implicitly repealed; The question is whether it is abolished in absolute or in whole, relative or partial. In the Philippines, as in many countries, criminal law allows the state to catch and punish those who violate the general welfare of its citizens. The State may take legal action, whether it is an organization or a person mandated by law to enforce public security. For example, in the Philippines, crimes are prosecuted either by an ordinary court or by a crime control agency.
Violations of the crimes listed in the revised Penal Code are called mala in se, which literally means that the act is inherently evil or evil or illegal in itself. On the other hand, violations of special criminal laws are commonly referred to as malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is required to hold a person accountable for crimes punishable under special criminal laws. As long as the act is committed, it is punishable by law. Criminal law has three (3) main characteristics. In the Philippines, as in most countries, criminal law is the branch of substantive public law that defines the crime, deals with its nature and prescribes its penalty.  Criminal Law Conspectus, J. Regalado, 1st edition, p. 2 The characteristics of the criminal law, discussed below, are at the heart of this discussion.
Our criminal justice system applies the English rule. Thus, it was decided that mere possession of opium on a merchant ship in transit could not be tried by our courts; but if such a ship is not in transit, since its terminal port is the Philippines, it may be the illegal importation of opium (U.S. vs. Ah Sing,G.R. No. L-13005, 10 October 1917 36 Phil. 978).  Ibid. The so-called common law crimes, known in the United States and England as a set of principles, customs and positive declarations of intent of the legislature, are not recognized in this country [Philippines]. Unless there is a special provision in the Criminal Code or in the Special Penal Code that defines and punishes the act, even if it is socially or morally reprehensible, its commission is not criminally liable. (See U. S.
v. Taylor, G.R. No. L-9726 December 8, 1914 28 Phil. 599 604) Supra., Revised Penal Code, Luis B. Reyes, 18. Auflage, 2012, S. 1 According to this theory, if the crime is committed on an airplane, regardless of its height, as long as it can prove that it is in the Philippine atmosphere, Philippine criminal law applies. This is the theory of the Philippines. It is often misinterpreted or confused, but it is important that criminal defence lawyers have a thorough understanding of criminal law and its role in our legal system.
According to this theory, if a crime was committed on board an aircraft that is already beyond the control of the subordinate State, the criminal law of that State no longer applies.