CRIM LAW

PRELIMS COVERAGE

Attempted Felony
– when 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.

Frustrated Felony
– when the offender has performed all the acts of execution that would produce the felony as a result but nevertheless
does not produce it by reason of causes independent of the will of the perpetrator.

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

Impossible Crime
– an act which would be an offense against persons or property were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or ineffectual means.

Praeter Intentionem
– takes place when the result of the felonious act is graver than what was intended.

Aberratio Ictus (Mistake in Blow)

– when the offender intending to do an injury to one person actually inflicts it on another.

Error in Personae (Mistake in the Identity of the Victim)

– the offender is liable even if the victim turns out to be different from the intended victim.

Motive
– is the reason why a person commits an act.

Intent
– the purpose to use a particular means to achieve an objective.

Honest Mistake of Fact

– it is an act or omission which is the result of a misapprehension of facts that is voluntary but not intentional.

Mens Rea
– it is a wrongful criminal intent.

Actus Rea
– it is a wrongful act. It is an act in furtherance of a wrongful criminal intent.

Intelligence
– the capacity to know and understand the consequences of an act.

Negligence (lack of foresight)

– the deficiency of perception or failure to pay attention and to use negligence to avoid a foreseeable damage or injury.

Imprudence (lack of skill)

– the deficiency of action or failure to take a necessary precautions to avoid injury or damage.

Mala Inse
– are wrong by their nature

A
Mala Prohibita
– are wrong because they are prohibited by special laws.

Intentional Felony
– felonies committed with malice or deliberate intent.

Requisites:
1. The offender must have freedom while doing the act or omitting to do the act;
2. The offender must have intelligence while doing the act or omitting to do the act;
3. The offender commits the act with intent.

Culpable Felony
– felonies committed as a result of imprudence, negligence, lack of foresight or lack of skill.

Requisites:
1. The offender must have freedom while doing the act or omitting to do the act;
2. The offender must have intelligence while doing the act or omitting to do the act; and
3. The offender is imprudent, negligent, or there is lack of foresight or skill while doing the act or omitting to do the act.

Felonies (delitos)
– are acts and omissions punishable under the Revised Penal Code.

French Rule
– the flag country of the vessel has jurisdiction over crimes which merely affect things within the vessel or when they
only refer to internal management. The French Rule is not territorial in character.

English Rule
– crimes committed aboard a vessel within the territorial waters of a country are triable in the courts of such country.
The English rule is strictly territorial.

Generality
– penal law is binded to all persons who lives or sojourn in the Philippines whether citizens or not.

Exemptions:
1. Treaty Stipulations
2. Laws of Preferential Application
3. Principle of Public International Law

Territoriality
– in territorial application in Criminal law can only be enforced within the Philippine Archipelago, including its
atmosphere, interior waters, and maritime zone.

Exemption to Penal Application of Criminal Law

1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Republic of the Philippines or obligations and securities
issued by the government of the Philippines;
3. Should be liable for acts connected with the introduction into these islands of the forged or counterfeited obligations
and securities;
4. While being public officers or employees, should commit an offense in the exercise of their functions, or
5. Should commit any of the crimes against national security and the laws of nations.

Prospectivity
– prospectivity in criminal law means that generally, law should only have prospective application unless they are
favorable to the offender, who is not a habitual delinquent.

A
Classical Theory
– the basis of criminal liability is human free will and the purpose of the penalty is retribution.
– that man is essentially a moral creature with an absolute free will to choose between truth and evil thereby placing
more stress upon the effect or result of the felonious act that upon the offender.
– ideally, the Classical Theory is applied to heinous crimes.

Positivist Theory
– that man is not born a criminal, but is occasionally subdued by a strange and morbid phenomenon which condition
him to do wrong contrary to his volition.
– this theory goes beyond the retributive penalty and recognizes the redeemable good in the accused, hence, the penalty
is imposed for prevented and corrected purposes.

Eclectic Theory
– it is the combination of the Positivist and Classical Theories wherein crimes that have economic and social causes
should be dealt with a positive manner, thus, the law is more compassionate.
– ideally, the Eclectic Theory applies to economic and social crimes.

Utilitarian Theory
– also referred to as the Protective Theory.
– it is to the effect that the primary purpose of punishment in criminal law is the protection of society from actual and
potential wrongdoers.

Due Process of Law

– a law which hears before it condemns, proceeds upon inquiry and renders judgment only after trial.

Bill of Attainder
– a legislative act that inflicts punishment without a judicial trial.

Ex-Post Facto Law

– is a law that punishes an act which was not punishable at the time it was committed.

Felony
– is an act or omission punishable by the Revised Penal Code.

Offense
– is an act or omission punishable by special laws.

Crime
– is a violation of any penal law, be it the Revised Penal Code, special laws, or a mere ordinance.

Criminal Law
– is the branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

ARTICLE. 4. Criminal Liability - shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.