SOURCES OF

CRIMINAL LAW

*The Revised Penal

Code
*Special Laws
*Penal Presidential
Decrees
The 3 inherent powers
of the state:

Police Power – power to

enact and enforce laws to
maintain peace and order

Eminent Domain Power –

power to take private
property for public purpose
upon payment of just
compensation
Power of Taxation – power
to impose and collect taxes

CHARACTERISTICS OF
CRIMINAL LAW

Generality – it is binding to all

persons who live or sojourn in
the Philippines (exception:
treaty (VFA) & law of preferential
application (RA 75)
Territoriality – it is applied
within Philippine territory
(exceptions: Art. 2, RPC)

Prospective – it is applied
onward; meaning – it cannot
punish acts not punishable when
committed. It is an application
of ex post facto law in the
Constitution. (exception – if the
law is favorable to the accused
who is not a habitual delinquent)

RULES AS TO
JURISDICTION FOREIGN
MERCHANT VESSEL
1. FRENCH RULE (flag rule or
nationality rule)– local court has
no jurisdiction, unless affects peace
and security of the local state

2. ENGLISH RULE
(territoriality rule or situs of
the crime rule) – local court has
jurisdiction, except internal matters
of the vessel.
Criminal liability is totally
extinguished:

1. By the DEATH of the convict

2. By SERVICE of the sentence;
 3. By AMNESTY, which
completely extinguishes the
penalty and all its effects;
4. By ABSOLUTE PARDON;
5. By PRESCRIPTION OF THE
CRIME;
6. By PRESCRIPTION OF THE
PENALTY;
7. By the MARRIAGE of the
offended woman, as provided in
Article 344 of this Code.

punishment:
Death.
Afflictive penalties:
Perpetua, (20 YEARS 1 DAY -40 YEARS)
Reclusion Temporal, (12 & 1 DAY TO 20 YEARS)
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification,
Prision mayor (6 years & 1 day to 12 years)

Correctional penalties:
Prision correccional (6 months & 1 day to 6
years)
Arresto mayor (1 mo & 1 day to 6 months)
Suspension (6 months & 1 day to 6 years)
Destierro. 6 months & 1 day to 6 years

Light penalties:
Arresto menor, 1 day to 30 days

RECIDIVIST - ONE WHO, AT THE TIME

OF HIS TRIAL FOR ONE CRIME, SHALL
HAVE BEEN PREVIOUSLY CONVICTED BY
FINAL JUDGMENT OF ANOTHER CRIME
EMBRACED IN THE SAME TITLE OF THIS
CODE (ART 14, 9).
 HABITUALITY – THE OFFENDER HAS
BEEN PREVIOUSLY PUNISHED FOR AN
OFFENSE TO WHICH THE LAW
ATTACHES AN EQUAL OR GREATER
PENALTY, OR FOR TWO OR MORE
CRIMES TO WHICH IT ATTACHES A
LIGHTER PENALTY (ART. 14, 10).
HABITUAL DELINQUENCY – WITHIN
A PERIOD OF 10 YEARS FROM DATE OF
LAST RELEASE OR CONVICTION OF THE
CRIME OF SERIOUS OR LESS SERIOUS
PHYSICAL INJURIES, ROBBERY, THEFT,
ESTAFA, OR FALSIFICATION IS FOUND
GUILTY OF ANY OF SAID CRIMES A 3RD
TIME OR OFTENER (ART. 62).
QUASI RECIDIVISM – A PERSON
COMMITS A FELONY AFTER HAVING BEEN
CONVICTED BY FINAL JUDGMENT, BEFORE
BEGINNING TO SERVE, OR WHILE SERVING
THE SAME (ART. 160).
ABSOLUTORY CAUSE – THOSE WHERE THE
ACCUSED COMMITTED A CRIME BUT FOR
REASONS OF PUBLIC POLICY AND
SENTIMENT, THERE IS NO PENALTY
IMPOSED.

ABSOLUTORY CAUSES:

INSTIGATION is an absolutory cause

ENTRAPMENT is not an absolutory

cause

JUSTIFYING CIRCUMSTANCES

EXEMPTING CIRCUMSTANCES

ART. 6 – SPONTANEOUS DESISTANCE (ATTEMPTED

STAGE)
 ART 20 – ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY

ART 124 LAST PARAGRAPH (LEGAL GROUNDS FOR

DETENTION)

ART 247 – DEATH UNDER EXCEPTIONAL

CIRCUMSTANCES

ART 280 – EXCEPTION TO TRESPASS TO

DWELLING

ART 332 – SWINDLING OR MALICIOUS MISCHIEF

BETWEEN RELATIVES

ART 334 – MARRIAGE OF VICTIM AND OFFENDER

IN SEDUCTION, ABDUCTION, AND ACTS OF
LASCIVIOUSNESS.

GENERAL RULE: CONSPIRACY

AND PROPOSAL TO COMMIT A
FELONY ARE NOT PUNISHABLE.

EXCEPTION: PUNISHABLE ONLY

IN CASES PROVIDED BY LAW
 CONSPIRACY TO COMMIT TREASON
CONSPIRACY TO COMMIT
REBELLION OR INSURRECTION

CONSPIRACY TO COMMIT SEDITION

CONSPIRACY TO COMMIT COUP DE
‘TAT
TERRORISM, CERTAIN ACTS UNDER
THE DANGEROUS DRUGS ACT, ARSON,
ETC

PROPOSAL TO COMMIT TREASON

PROPOSAL TO COMMIT REBELLION
PROPOSAL TO COMMIT COUP DE
TAT

IGNORANTIA LEGIS NON EXCUSAT – IGNORANCE OF THE LAW EXCUSES NO ONE.

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS - AN ACT DONE BY ME AGAINST MY WILL IS NOT MY ACT.

ACTUS NON FACIT REUM, NISI MENS SIT REA - "THE ACT CANNOT BE CRIMINAL WHERE THE MIND IS NOT CRIMINAL."
LEX PROSPICIT NON RESPICIT - "THE LAW LOOKS FORWARD, NOT BACKWARD."

VERBA LEGIS NON EST DECENDENDUM – FROM THE WORDS OF THE LAW THERE CAN BE NO DEPARTURE.

DURA LEX SED LEX – THE LAW MAY BE HARSH BUT IT IS THE LAW..

IGNORANTIA FACTI EXCUSAT – MISTAKE OF FACT EXCUSES.

PRAETER INTENTIONEM – DIFFERENT FROM THAT WHICH WAS INTENDED.

ERROR IN PERSONAE – MISTAKE IN IDENTITY.

ABBERATIO ICTUS – MISTAKE IN THE BLOW

NULUM 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.

ACTUS MI INVICTU REUS, NISI MENS FACIT REUM – AN ACT DONE BY ME AGAINST MY WILL IS NOT MY ACT.

MENS REA – GUILTY MIND.

ACTUS REUS – WRONGFUL ACT.

IPSA LOQUITOR – THE THING SPEAKS FOR ITSELF.

CAUSA PROXIMA – PROXIMATE CAUSE WHICH PRODUCED THE IMMEDIATE

EFFECT.

PRIMA FACIE – AT FIRST GLANCE.

AUCUPIA VERBORUM SUNT JUDICE INDIGNA - Q UIBBLING WITH WORDS IS NOT WORTHY OF A JUDGE.

AUDI ALTERAM PARTEM - TO HEAR BOTH SIDES, TO HEAR THE OTHER SIDE.

LOCUS CRIMINIS – SCENE OF THE CRIME OR CRIME SCENE.

PRO REO – PRINCIPLE IN CRIMINAL LAW WHICH STATES THAT WHERE THE STATUTE ADMITS OF SEVERAL INTERPRETATIONS,
THE ONE MOST FAVORABLE TO THE ACCUSED SHALL BE ADOPTED.

RES GESTAE – THE THING ITSELF.

FALSUS IN UNUM, FALSUS IN OMNIBUS – FALSE IN ONE PART OF THE STATEMENT WOULD RENDER THE ENTIRE STATEMENT
FALSE (NOTE: THIS MAXIM IS NOT RECOGNIZED IN OUR JURISDICTION).

ACTORI INCUMBIT ONUS PROBANDI - THE BURDEN OF PROOF RESTS WITH THE PLAINTIFF OR PROSECUTION.

DEI NEMINI FACIT INJURIAM - THE LAW HOLDS NO MAN RESPONSIBLE FOR THE ACT OF GOD.
ANIMUS FURANDI - WITH THE INTENTION OF STEALING.

ARBITRIUM EST JUDICIUM - THE AWARD OF AN ARBITRATOR HAS THE SAME FORCE AND EFFECT AS A JUDGEMENT.

ACTUS DEI NEMINI NOCET - NO ONE IS TO BE PREJUDICED AT LAW BY THE ACT OF GOD

ACTUS LEGIS NEMINI EST DAMNOSUS - AN ACT OF THE LAW IS HURTFUL TO NO ONE.

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS - T HAT WHICH IS DONE AGAINST MY WILL, ALTHOUGH DONE BY
ME, IS NOT MY ACT.

ACTUS NON FACIT REUM, NISI MENS SIT REA - AN ACT DOES NOT MAKE THE PERSON DOING IT GUILTY UNLESS IT IS
ACCOMPANIED BY A GUILTY MIND

ALLEGANS CONTRARIA NON EST AUDIENDUS - A WITNESS MAY NOT BE HEARD TO CONTRADICT HIMSELF.

ALLEGATA ET PROBATA - THINGS ALLEGED AND PROVED.

ALTUM MARE - THE HIGH SEAS.

AMICUS CURIAE - A FRIEND OF THE COURT.

ANIMO - WITH INTENTION.

ANIMO FELONICO - WITH FELONIOUS INTENT.

ANIMUS - MIND, INTENTION.

ANIMUS DEDICANDI - THE INTENTION OF DONATING OR DEDICATING.

ANIMUS ET FACTUM - THE COMBINATION OF INTENTION WITH THE FACT.

ARGUMENTUM AB IMPOSSIBILI VALET IN LEGE - A N ARGUMENT DRAWN FROM THE FACT THAT A THING IS
IMPOSSIBLE IS OF MUCH FORCE IN LAW.