CRIMINAL LAW

Actus non facit reum nisi mens sit rea the

act itselt does not make a man guilty unless his
intentions were so.

ARTICLE 2

Actus me invito factus non est meus actus

an act done by me against my will is not my act.
(U.S. vs. Ah Chong)

Applications of Revised Penal Code

1.Intra-territorial within Philippine archipelago,
including its atmosphere, interior waters and
maritime zone
2.Extraterritorial those committed outside Philippine
territorial jurisdiction (sub-paragraphs 1-5)
Treaties and laws of preferential application

Mistake of Fact is a misapprehension of fact on

the part of the person who caused injury to another.
He is not criminally liable because there is no
criminal intent.
Requisites of mistake of fact as a defense: A-I-M
1.Act done would have been lawful had the facts
been as the accused believed them to be.
2.Intention of the accused in performing the act
should be lawful.
3.Mistake must be without fault or carelessness of
the accused.

Vienna Convention on Diplomatic Relations

(VCDR) states the three level heads of diplomatic
missions: A-C-E
1.Ambasadors or nuncios
2.Charges d affairs
3.Envoys, ministers or internuncios
Only the heads of missions and members of the
diplomatic staff (both considered diplomatic agents)
are immune. Administrative, technical and service
staff are excluded. (Minucher vs. CA, 2003)
French/English Rule refer to jurisdiction when over
merchant vessels of one country located in another
country.
1.French Rule flag or nationality of vessel. The
country of registry will have jurisdiction, but the
host country will have jurisdiction when the crime
violated the peace and order of the host country
(such as drug trafficking).
2.English Rule territoriality principle or situs of the
crime. The country of registry will have
jurisdiction only where the crime relates to
internal management of the vessel. In other cases
(drug trafficking) the host country will have
jurisdiction.
ARTICLE 3
Nullum crimen, nulla poena sine lege there is no
crime when there is no law punishing it.
Act bodily movement tending to produce some effect
in the external world. (People vs. Gonzales)
Omission failure to perform a duty required by law.

Error in Personae mistake in the identity of the

victim. The principle of mistake of fact does not
apply.
No crime of resistance (Art. 151) when there is a
mistake of fact.
(U.S. vs. Bautista)
When the accused is negligent, mistake of fact is not a
defense.
Dolo is not required in crimes punished by special
laws. It is
sufficient that the offender has the intent to
perpetrate the act prohibited by the special law.
2. Culpable Felonies
- by means of fault
(culpa)
- the act or omission is not malicious.
Requisites of culpable felonies: F-I-I/N
1.Freedom
2.Intelligence
3.Imprudence (Lack of skill)
Negligence (Lack of foresight)
Imprudence fails to take necessary precaution to
avoid injury or damage (deficiency of action/lack of
skill).
Negligence fails to pay proper attention and to use
due diligence in foreseeing the injury or damage
(deficiency of perception/lack of foresight/culpa).

Classification of felonies according to the mwans

by which they are commtted:
1. Intentional Felonies
(dolo)
malicious or with

by

means

of

deceit

the act or omission is

deliberate intent

Requisites of culpable felonies: F-I-I

1.Freedom
2.Intelligence
3.Intent
Criminal intent is necessary in felonies committed by
means of dolo:

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CRIMINAL LAW

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