CRIMINAL LAW 1

Book 1

The government has the Power to

Legislative-Gumagawa /enact laws.

Executive- Pinapatupad/enforce laws

Judiciary-Interpret/Explain the Law

ATTEMPTED

-Sinimulan mo Hindi mo natapos

FRUSTRATED

-sinimulan mo natapos mo pero hindi mo nagustuhan ang kinahinatnan

CONSUMATED

-Sinimulan mo Natapos mo At Nagustuhan mo ang kinahinatnan

CRIMINAL LAW

-Batas para sa krimen

-Public Crime para sa lahat ng tao

Crime

-An act or omission /commision

-Intent

-Committed by legally competent person

-Threatened the welfare of the society

SUBSTANTIVE CRIMINAL LAW

-Elements of the Crime

PROCEDURAL CRIMINAL LAW

-Proper Enforcement of S. C. L.

CRIMINAL LAW DEFINITION OF TERMS

1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

( PARA SA LAHAT NG TAO

2. CRIME- crime is defined as an act committed or omitted in violation of public law forbidding or
commanding it.

MGA KRIMEN

3. GENERAL (characteristic of criminal law) - general, in that criminal law is binding on all persons who
live or sojourn in Philippine territory.

4. TERRITORIAL (characteristic of criminal law) - in that criminal law undertakes to punish crimes
committee within Philippine territory.

5. PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act punishable in a
manner in which it was not punishable when committed.

6. FRENCH RULE- such crimes are not triable in courts of that country, unless their commission affects
the peace and security of the territory or the safety of the state is endangered.
7. ENGLISH RULE-such crimes are triable in that country, unless they merely affect things within the
vessel or they refer to the internal management thereof.

ARTICLES

11 J - JUSTIFYING my crimen subalit walang liability

12 E - EXEMPTING my crimen walang liability subalit pero datapwat my civil liability

13 M -MITIGATING baba degree From Reclusion perpetua to temporal

14 A -AGRAVATING taas degree from temporal to perpetua

15 A - ALTERNATING Absolutory Cause dahilan o nag udjok

16 WHO? Sino ang liable sa

17 PRINCIPAL- ikaw mismo gumawa

18 ACCOMPLICE- kamag anak

19 ACCESSORY - my alam ka sa crimen at nakinabang ka

BOOK 2

CRIME AGAINST PERSON

Always look for VICTIM AND RELATIONSHIP of

ABORTION

-Expulsion of Fetus

2 type of Abortion

therapeutic - physician or doctor, Without liability

Criminal

-intentional

Sadya
-unintentional

Di sadya

INFANTICIDE killing your own child

Less than 3 days /72 hours

Take note make it 71 Hours because of the word less than

PARRICIDE killing your own

Par1 father, mother /child - it's either legitimate or illegitimate

Par2 legal spouse

Par3 direct ascendant / descendant Legitimate

MURDER

Qualifying /Agravating circumstances

HOMICIDE

presume 'intent to kill'

Physical Injury

Due to out side force /without intent to kill

-Serious

-less serious

-slight

Treason- Pag tatraydor sa kanyang bansang tinitirhan.

Sedition- Pag aalsa ng private person without armed di lang po sila sa government nag aalsa or nag
rarally pwede din po sa mga private company or factory.

Rebellion- Pag aalsa Laban sa government ng private person with armed like ng mga terrorist group

Coup De etat- kawani ng government like afp or pnp na against sa government at sila ay nag aalsa Laban
sa gobyerno.

NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there in no law punishing it.

IGNORANTIA FACTI EXCUSAT- ignorance of the law

ACTUS NON FACIT REUM NISI MENS SIT REA- the act itself does not make a man guilty unless his
intention was so.

ACTUS ME INVITO FACTUS NONEST MEUS ACTUS- an act done by me against my will is not my act.

ERROR IN PERSONAE- mistake in identity of victim.

ABERRATIO ICTUS-mistake in blow

PRAETER INTENTIONNEM-result done is greater than that originally intended.

Acquisitive crime - yan yung crime na property lng ang kinukuha which is hindi ito nagproproduce ng
destruction of property or life. For example robbery, theft and etc.

Extinctive - yan naman ung mga crime na may destruction of property. For example arson, damage to
property an etc.
Static crime - yan yung na commit mo yung krimen which is in one place. For example murder.

Continuing crime - yan naman yung na commit mo yung krimen which is from several places. For
example: kidnapping, rebellion , abduction and etc.

CRIMES AGAINST PROPERTY

(MATERIAL TRANSFER)

ROBBERY - INTENT TO GAIN WITH FORCE

THEFT - INTENT TO GAIN WITHOUT FORCE

QUALIFIED THEFT - TRUST

(JUDICIAL TRANSFER)

ESTAFA - DECENT

PROCEDURE

RULE OF COURT

(110 OFFENSE) CRIMINAL CASE PRESUME INNOCENT NOT GUILTY

(111 CIVIL ACTION) CIVIL LIABILITY

(112 PRELIMINARY INVESTIGATION) 4 YEARS 2MONTHS AND 1 DAY

(113 ARREST) SEARCH WARRANT /WARRANT OF ARREST / ALIAS WARRANT /CITIZEN ARREST

(114 BAIL) PCCR roperty bond, Corporate surety bond, Cash bond, Recognizance
(115 RIGHT OF ACCUSED) MIRANDA DOCTRINE

RIGHT TO REMAIN SILENT

(116 PLEA) GUILTY OR NOT GUILTY