BOOK 1

Criminal Law

A branch of municipal law that defines crimes, treats of their nature, and provides for their punishment.

Bill of Attainder

Legislative act which inflicts punishment without trial.

Classical Theory

This theory states that man is essentially a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself.

Positivist Theory

Theory stating that man is subdued occasionally by a strange and morbid phenomenon which conditions him to do wrong in spite of or contrary to his volition.

Utilitarian Theory

Consistent with this theory, the mala prohibita principle which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full harshness of the special law.

Eclectic or Mixed Philosophy

This theory combines both positivist and classical thinking.

Equipoise Rule

- Rule suggests that when the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.

Felony

Act punishable under Article 3, RPC.

Offense

Acts punishable under special laws.

Crime

Acts punishable by law.

Battered Woman Syndrome

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

Consummated

Stage of felony where all the acts necessary for its accomplishment and execution are present.

Frustrated

Stage of felony where the offender performs all the acts of execution which would produce the felony as a result, but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator.

Attempted

Stage of felony where the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony, by reason of some cause or accident other than his own spontaneous desistance.

Battery

Any act of inflicting physical harm upon the woman or her child resulting to physical, psychological or emotional distress.

Three-fold Rule

This Rule states that the maximum duration of the convict’s sentence shall not be more than three-fold the length of time corresponding the most severe of the penalties imposed upon him.

Final Judgment

No penalty shall be executed except by virtue of.

Civil Interdiction

Accessory penalty affecting the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property.

RA No. 9346

An act prohibiting the imposition of death penalty.

Destierro

A person sentenced with this penalty shall not be permitted to enter the place or places designated in the sentence, nor within the radius specified therein.

Total Extinguishment of Criminal Liability

The consequence connected to the criminal liability when such offender or accused dies prior to final judgment.

Amnesty

Extended to classes of persons who may be guilty of political offenses.

Pardon

An act of grace proceeding from the power entrusted with the execution of laws, which exempts the individual from the punishment of the law inflicted for the crime.

Twenty years

Prescription period of crimes punishable by death, reclusion perpetua, or reclusion temporal.

Justifying Circumstances

Those wherein the acts of the actor are in accordance with law, hence, he is justified. There is no criminal and civil liability because there is no crime.

Pro Reo

Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.

Exempting circumstances

Circumstances that do not incur criminal liability.

MITIGATING CIRCUMSTANCES

Those circumstance which reduce the penalty of a crime. Reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime

Aggravating circumstances

Those circumstance which raise the penalty for a crime without exceeding the maximum applicable to that crime.

Alternative circumstances

Are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission

Reclusion Temporal

Penalty with the entire duration ranging from 12 years and 1 day to 20 years.

Prision Correctional

Penalty with the entire duration ranging from 6 months and 1 day to 6 years.

Arresto Mayor

Penalty with the entire duration ranging from 1 month and 1 day to 6 months.

Arresto Menor

Penalty lasting 1 day to 30 days.

Principal by direct participation

Those who take a direct part of the execution of the felony.

Complex

Crime which constitutes two (2) or more grave or less grave felonies, or an offense necessary for committing the other.

Government

In confiscation and forfeiture, the thing or things confiscated shall be taken in favor of

Belonging to third person not liable in the crime

In confiscation and forfeiture, all thing or things shall be confiscated in favor of the State except.

Intentional Felony

Felony with deliberate intent.

Culpable Felony

Felony resulting from negligence, reckless imprudence, lack of foresight, or lack of skill; performed without malice.

Conspiracy

Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

Proposal

Exists when the person who has decided to commit a felony offers its execution to some other person or persons.

In Flagrante Delicto

When, in the presence of the person making the arrest, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

Hot Pursuit

When an offense has been committed, and the person effecting the arrest has probable cause to believe on personal knowledge of facts and circumstances that the person to be arrested has committed it.

Complex crime proper

when an offense is a necessary means for committing the other

Compound crime

when a single act constitutes 2 or more grave or less grave felonies

General

the penal law of the country is binding to all persons who live or sojourn in the Philippine territory

Territorial

the law is binding to all crimes committed within the National Territory of the Philippine

Prospective

the law does not have any retroactive effect

Nullum crimen, nulla poena sine lege

There is no crime when there is no law punishing the same.

Actus non facit reum, nisi mens sit rea

The act cannot be criminal where the mind is not criminal.

Ignorantia legis non excusat

Ignorance of the law excuses no one from compliance therewith.

Ignorantia Facti Excusat

Mistake of fact. It is a reasonable misapprehension of fact on the part of the person causing injury to another. Such person is not criminally liable as he/she acted without criminal intent.

Libel

is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead