Manuscript Crim Law
Manuscript Crim Law
Manuscript Crim Law
Criminal Law- a branch of municipal law which defines crimes, treats of their nature,
and provides for their punishment.
Crime- an action or omission that constitutes an offense that may be prosecuted by the
state and is punishable by law.
BASIC MAXIMS IN CRIMINAL LAW
Doctrine of pro reo- when in doubt, for the accused
Nullum crimen, nulla poena sine lege- there is no crime when there is no law punishing it.
Actus non facit reum, nisi mens sit rea- an act does not make a defendant guilty without
a guilty mind.
Characteristics of Criminal Law
1. Generality- the law is binding to all who live or sojourn in the Philippine territory.
(This answers the question WHO will be liable under the Criminal Law of the
Philippines) Also the tourists (exempted Diplomats, charge d’affaires, ambassador- they
are vested with blanket diplomatic immunity from civil and criminal suits while Consular
Officers are only entitled to criminal immunity in relation to the acts performed in the
exercise of function) Immunity does not cover slander or reckless imprudence resulting
in homicide for not being function-related)
2. Territoriality- the law is binding to all crimes committed within the National Territory
of the Philippines. (This answers the question WHERE is the crime committed to be
liable under the Criminal Law of the Philippines)except Foreign registered vessel, high
seas, forgery, flag state rule)
3. Prospectivity- the law does not have any retroactive effect. (Nullum crimen, nulla
poena sine lege- there is no crime when there is no law punishing it.) (Applying to the
future but if the law is favorable to the accused provided that he is not a habitual delinquent, the
law will have a retroactive effect; if the law decriminalizes an act; the law expressly provides
retroactivity )
Felonies
- are acts or omissions punishable by the revised penal code, with following
elements:
1. there must be an act or omission;
2. the act or omission must be punishable; and
3. the act is performed or the omission incurred by means of dolo or culpa
Offenses : special laws
Infraction or misdemeanors: violations of municipal ordinances.
Classification of Felonies
According to manner or mode of execution:
1. Intentional Felonies (dolo)
2. Culpable Felonies (culpa)
Classification of Felonies
According to stages of execution:
1. Consummated Felony- when all the elements necessary for its execution and
accomplishment are present
2. Frustrated Felony- when the offender performs all the acts of execution which
should produce the felony as a consequence, but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
3. Attempted Felony- when the offender commences the commission of
the felony directly by overt acts, and does not perform all the acts of execution which constitute
the felony by reason of some cause or accident other than his own voluntarily desistance.
CLASSIFICATION OF CRIME
Mala in se- evil in itself.
example:
Robbery, Arson, Murder
Mala prohibita- wrong because they are prohibited by law.
Example:
Selling liquor/cigarettes to a minor, Speeding
Determining Criminal Liability
Criminal liability for a felony committed different from that intended:
Requisites:
1. Felony has been committed intentionally;
2. Injury or damage done to the other party is direct natural and logical consequence of
the felony.
Manner or incurring criminal liability
ERROR IN PERSONAE -mistake in the identity of a person
ABERRATIO ICTUS- mistake in the blow
PRAETER INTENTIONEM- injurious result is greater than that intended.
Liable for the direct, natural and logical consequence of the intentional felony)(Self-help)
Determining Criminal Liability
Impossible Crime
Requisites:
1. Act would have been an offense against persons or property;
2. There is criminal intent;
3. Accomplishment is inherently impossible or inadequate or ineffectual means are
employed;
4.Act is not actual violation of another provision of the code or of special law
• Impossible crime is not a crime but with a penalty; person punished for his
criminal tendencies.
A. Scale:
1. Principal Penalties;
2. Capital Punishments; and
3. Death
Classification of penalties
B. Afflictive Penalties:
1. Reclusion Perpetua;
2. Reclusion Temporal;
3. Perpetual/Temporary Absolute Disqualification;
4. Perpetual or Temporary Special Disqualification; and
5. Prision mayor.
Classification of penalties
C. Correctional Penalties:
1. Prision Correctional;
2. Arresto mayor; and
3. Suspension; and
4. Distierro
D. Light Penalties:
1. Arresto Menor; and
2. Public Censure
Extinction of criminal liability
A. Total Extinction of Criminal Liability:
1. by the death of the convict;
2. by service of the sentence;
3. by amnesty;
4. by absolute pardon;
5. by prescription of the crime;
6. by prescription of the penalty; and
7. by the marriage of the offended woman.