Criminal Law

WHAT IS LAW?

rule of conduct which is just and obligatory promulgated by lawful authorities for common observance and benefit.

WHAT IS CRIME?

is an act committed or omitted in violation of a public law forbidding or commanding it.

Generality

criminal law is binding on alL persons who live or sojourn in the PH territory.

Territoriality

Criminal Laws undertake to punish crimes committed within PH territory.

COMPONENTS OF NATIONAL TERRITORY

TERRESTIAL DOMAIN, FLUVIAL DOMAIN, AERIAL DOMAIN

PRINCIPLE OF PROSPECTIVITY

a penal law cannot make an act punishable in a manner in which it was not punishable when committed.

Birthday of R.P.C

January 1, 1932

French Rule

such crimes are not triable in the courts of that country

English Rule

such crimes are triable in that country,

dolo (deceit)

act is performed with deliberate intent

culpa (fault)

wrongful act results from imprudence, negligence, lack of foresight, or lack of Skill

Latin Maxim:

“Actus non facit reum, nisi mens sit rea"-

“Actus non facit reum, nisi mens sit rea"-

A crime not committed if the mind of the person performing to act complained be innocent.

Mala in se

Wrongful from their nature or inherently immoral

Mala Prohibita

Wrong merely because prohibited by a statute

PRAETER INTETIONEM

By any person committing a felony (delito)

IMPOSSIBLE CRIME

By any person performing an act which would be an offense against persons or property

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

(He is the cause of the cause is the cause of the evil caused)

Aberratio Ictus

When the offender intending to do an injury to one person actually inflicts it on another

Error in Personae

Inflicting injury upon another person who is mistaken for another

Internal Acts

such mere ideas in the mind of a person, are not punishable. Intention and effect must occur.

External Acts

it covers (a.) preparatory acts and (b.) acts of execution

ATTEMPTED FELONY

does not perform all the acts of execution

FRUSTRATED FELONY

performs all the acts of execution but do not produce it by reason of independent of the will of the perpetrator.

CONSUMMATED FELONY

when all the elements necessary for its execution and accomplishment are present.

Material crimes

are those crimes which has three stages of execution

Formal crimes

are consummated in one instant, no attempt.

LIGHT FELONIES?

• Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 40,000 pesos,

LIGHT FELONIES PUNISHED BY THE RPC

1. Slight physical injuries 2.Theft 3. Alteration of boundary marks 4. Malicious mischief 5. Intriguing against honor

Grave felonies

are those to which the law attaches the capital punishment

Less grave felonies

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