Criminal Law-definition

Limitations of Congress- General, ex post facto law, bill of attainder, CUPEF

Basic Maxims (pro reo, dura lex sed lex, nullum crimen nulla poena sine lege, actus non facit reum nisi mens sit rea, actus me
invito factus non est meus actus, etc.

Different Philosophies in Criminal Law (Classical, Positivist, Eclectic/Mixed)

Characteristics of Criminal Law

GENERAL (person) – is binding on all persons who live or sojourn in Philippine territory
Exception: there are cases where our Criminal Law does not apply even if the crime is committed by a person residing or
sojourning in the Philippines.
TERRITORIAL (place) – in that criminal law undertake to punish crimes committed within Philippine territory.
Exception: Art.2 of the Revised Penal Code

English Rule-Crimes are triable in the place where they are committed. (Rule adopted in the Philippines).

French Rule- opposite of English rule

Foreign Merchant Vessels:

English
Triable in the court of that
county
Except: affects the internal
management of the vessel
French rule
Triable in the court of that
vessels where it was
registered
Except: affects the peace
and security of the territory

The rule is different in warship.

PROSPECTIVE (future effectivity), in that a penal law cannot make an act punishable in a manner in which it was not punishable
when committed.
Exception: When a new statute dealing with the crime established conditions more lenient or favorable to the accused, it
can be given a retroactive effect.
Exception to the exception: The new law is expressly made inapplicable to pending actions or existing causes of actions
and the offender is a habitual criminal.

Mala in Se vs. Mala Prohibita

Mala in Se Mala Prohibita
As to moral trait The moral trait The moral trait of
of the offender is considered. the offender is not
Liability will considered. It is
arise only when enough that the
there is dolo or prohibited act was
culpa. voluntarily done.
As to use of good Good faith or Good faith is not a
faith as a defense lack of criminal defense.
intent is a valid
defense; unless
the crime is the
result of culpa.
As to what laws Violation of the Violation of Special
are violated. R.P.C. (General Laws (General rule.
rule)

Motive is the moving power which impels one to act. NOT an element of crime, essential only when the identity of the
perpetrator is in doubt.
Felony, offense, misdemeanor, crime

Act No. 3815-Revised Penal Code (Took effect on Jan. 1, 1932).

Felony by dolo (FIN); felony by culpa (FINILL)

May a crime be committed without intent?

Negligence-lack of action; imprudence-lack of perception

Actus Reus – Guilty act

Mens Rea – Guilty mind

Causes which may produce a result different from that intended:

1. Error in personae – mistake in the identity of the victim.
2. Aberratio ictus – mistake in the blow (complex crime)
3. Praeter intentionem – the injurious result is different from that intended.

Proximate cause-direct, natural and logical consequence of a felonious act

Requisites of Mistake of Fact as Defense: (U.S. vs. Ah Chong)

1. The act done would have been lawful had the facts been as accused believed them to be
2. The intention of the accused in doing the act was lawful
3. The mistake was without fault or carelessness on the part of the accused.

Requisites of an Impossible Crime (Art. 4, par. 2):

1. That the act performed would be an offense against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible, OR that the means employed is either inadequate or ineffectual
4. That the act performed should NOT constitute a violation of another provision of the Revised Penal Code. (doctrine of
last resort)
5. There is no such thing as an attempted or frustrated impossible crime.