Revised Penal Code Book 1 Reviewer

Vocabulary practice flashcards covering key definitions, maxims, theories, and legal concepts from Revised Penal Code Book 1 lecture notes.

Criminal Law

That branch of municipal law which defines crimes, treats of their nature, and provides for their punishment; it is a public substantive law prescribing penalties for offenses.

Revised Penal Code (Act No. 3815)

The main statutory source of Philippine Criminal Law, which took effect on January 1, 1932.

Ex Post Facto Law

A law that would make a previous act criminal although it was not so at the time it was committed.

Bill of Attainder

A legislative act which inflicts punishment without a judicial trial.

Actus non facit reum, nisi mens sit rea

A legal maxim meaning 'The act cannot be criminal where the mind is NOT criminal' (An act does not make the doer guilty, unless the mind is guilty).

Nullum crimen nulla poena sine lege

A legal maxim stating that there is no crime when there is no law punishing the act.

Ignorantia facti excusat

A legal maxim stating that a mistake of fact excuses the actor from criminal liability.

Dura lex sed lex

A legal maxim meaning 'The law is hard, but it is the law.'

El que es causa de la causa es causa del mal causado

A legal principle meaning 'He who is the cause of the cause is the cause of the evil caused.'

Utilitarian Theory

A philosophy of criminal law holding that the primary purpose of punishment is the protection of society from actual and potential wrongdoers.

Doctrine of Pro Reo

A rule peculiar to criminal law stating that when a penal law admits of two interpretations, the interpretation which is lenient or favorable to the offender will be adopted.

Equipoise Rule

A rule in criminal law where, if the evidence of the prosecution and defense are equally balanced, the scale of justice should be tilted in favor of the accused due to the presumption of innocence.

Generality (Characteristic of Criminal Law)

The principle that criminal law governs all persons within the country regardless of race, sex, belief, or creed, subject to exceptions under public international law and treaties.

Territoriality (Characteristic of Criminal Law)

The principle that penal laws have force and effect only within the country's land, fluvial (maritime/interior waters), and aerial territory.

Prospectivity

The rule that penal laws have only prospective application and look forward, except when a new law favors an offender who is not a habitual criminal.

Classical Theory

A criminal law theory based on human free will, where man is viewed as a moral creature choosing between good and evil, and the purpose of penalty is retribution.

Positivist Theory

A criminal law theory viewing man as inherently good but becoming socially sick due to environment, making the purpose of penalty corrective or reformative.

French Rule

A rule of foreign vessel jurisdiction holding that the nationality of the vessel follows its flag, unless the crime committed endangers the national security or public order of the host country.

American Rule

A rule of foreign vessel jurisdiction strictly applying the law of the foreign host country where the vessel is located, except when the crime affects only the internal management of the vessel.

Felony

An act or omission punishable under the Revised Penal Code, committed either by means of deceit (dolo) or fault (culpa).

Dolo

Deceit or deliberate criminal intent characterized by intentional action performed with freedom, intelligence, and intent.

Culpa

Fault resulting in an unintentional wrongful act due to imprudence, negligence, lack of foresight, or lack of skill.

Mala in Se

Crimes where the acts or omissions penalized are inherently wrong and universally condemned by nature.

Mala Prohibita

Crimes where the acts are not inherently evil but are prohibited by special laws for public good, welfare, and interest.

Attempted Felony

A stage of execution when the offender commences the commission of a felony directly by overt acts, but does not perform all acts of execution due to some cause or accident other than spontaneous desistance.

Frustrated Felony

A stage of execution when the offender performs all acts of execution which would produce the felony as a consequence, but which nevertheless do not produce it by reason of causes independent of the perpetrator's will.

Consummated Felony

A stage of execution when all elements necessary for the execution and accomplishment of a felony are present.

Grave Felonies

Felonies to which the law attaches capital punishment or penalties which in any of their periods are afflictive.

Less Grave Felonies

Felonies which the law punishes with penalties which in their maximum period are correctional.

Light Felonies

Infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding P40,000.00 pesos, or both, is provided.

Proximate Cause

That cause which sets into motion other causes and, unbroken by any efficient supervening cause, produces a felony without which such felony could not have resulted.

Mistake of Fact

An honest misapprehension of fact that negatives criminal intent and absolves the actor from liability, provided the act would have been lawful had the facts been as believed.

Aberratio Ictus

Mistake in the blow; occurs when an offender directs a blow at an intended victim but lands it on another person present at the scene due to poor aim.

Error in Personae

Mistake in identity; occurs when the actual victim who received the blow was mistaken for the intended victim who was not present at the scene.

Praeter Intentionem

A mitigating circumstance where the resulting criminal consequence went beyond or exceeded the original intent of the actor.

Compound Crime

A type of complex crime under Article 48 where a single act constitutes two or more grave or less grave felonies.

Complex Crime Proper

A type of complex crime under Article 48 where an offense is committed as a necessary means for committing another offense.

Special Complex Crime

Also known as a composite crime; a single indivisible offense created by law that is made up of more than one crime, such as Robbery with Homicide.

Continued Crime (Delito Continuado)

A crime constituted by a series of overt acts committed by the offender in one place, at about the same time, violating the same penal law under a single criminal resolution.

Impossible Crime

An act performed with evil intent against persons or property that would be an offense were it not for inherent impossibility of accomplishment or employment of inadequate or ineffectual means.

Conspiracy

An agreement between two or more persons concerning the commission of a felony followed by a decision to commit it.

Proposal to Commit Felony

An act occurring when a person who has decided to commit a felony proposes its execution to another person.

Principal by Direct Participation

A principal offender who directly takes a material part in the execution of the criminal act.

Principal by Inducement

A principal offender who directly forces or induces others to commit a crime by price, reward, promise, or words of command.

Principal by Indispensable Cooperation

A principal offender who cooperates in the execution of the offense by another act without which the crime would not have been accomplished.

Accomplice

A person who, not being a principal, cooperates in the execution of the offense by previous or simultaneous acts.

Accessory

A person who, having knowledge of the crime and without participating as principal or accomplice, takes part subsequent to its commission by profiting, concealing effects, or harboring the offender.

Justifying Circumstances

Defenses under Article 11 where the act is lawful, resulting in no crime and freeing the actor from both criminal and civil liability.

Exempting Circumstances

Defenses under Article 12 where a crime is committed, but no criminal liability attaches to the actor due to complete absence of intelligence, freedom, or intent.

Mitigating Circumstances

Circumstances under Article 13 that show lesser perversity of the offender and serve to lower the imposable penalty.

Aggravating Circumstances

Circumstances under Article 14 that show greater perversity of the offender and serve to increase the penalty for the crime.

Alternative Circumstances

Circumstances under Article 15 (Relationship, Intoxication, and Degree of Instruction/Education) that are considered mitigating or aggravating based on the nature and conditions of the crime.

Absolutory Cause

Grounds based on public policy or sentiment that grant an actor total immunity or freedom from criminal liability despite their act constituting a crime.

Probation

A disposition under Presidential Decree No. 968 where a convicted defendant is released subject to conditions imposed by the court and supervision of a probation officer.