The Revised Penal Code of the PhilippinesBook 1 Articles 46 to 61 Title Three Penalties Chapter Four Application of Penalties This is an audiobook reviewer by Law School Buddy on Criminal Law Philippines made specially for law school students. This audiobook is helpful in study and review sessions, as well as for memory retention. This […]
Tag: Criminal Law 1
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Praeter Intentionem
When the Resulting Harm is Greater than Means Employed by the Offender “Praeter intentionem” is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong. In People vs. Ural, praeter intentionem is a mitigating circumstance “that the offender had no […]
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Aberratio Ictus
Can A Wrongful Act Done Differently From That Which is Intended Incur Criminal Liability? In “aberratio ictus” or mistake in the blow, a person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim are both at the […]
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Error in Personae
When does a Mistake in Identity Become a Criminal Liability? “Error in personae” or mistake in identity is injuring one person who is mistaken for another. The intended victim is not at the scene of the crime. It is the actual victim upon whom the blow was directed, but he is not really the intended […]
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Mistake of Fact
Is There Criminal Liability for Ignorance or Mistake of Fact? The legal maxim, “Actus non facit reum nisi mens sit rea,” aptly justifies that the act itself does not make man guilty unless his intention were so. In the absence of malice (criminal intent), negligence, and imprudence, does not impose any criminal liability on the […]
The Revised Penal Code of the PhilippinesBook 1 Articles 21 to 39 Title Three PenaltiesChapter 1 Penalties in GeneralChapter 2 Classification of PenaltiesChapter 3 Duration and Effect of Penalties
Generality means that the criminal law of the country governs all persons who lives or sojourns in the Philippines (Article 14, NCC), subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are […]
Mala in se (“evil in itself”) – A crime or an act that is inherently immoral, such as murder, arson or rape. [Black’s Law Dictionary, 9th Ed.] Mala prohibita (“prohibited evil”) – An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. [Black’s Law […]
The Revised Penal Code of the Philippines – Book ITitle One Felonies and Circumstances Which Affect Criminal Liability Chapter 1 FeloniesChapter 2 Justifying CircumstancesChapter 3 Mitigating CircumstancesChapter 4 Aggravating CircumstancesChapter 5 Alternative Circumstances Title Two Persons Criminally Liable for Felonies