All I Know About Law

Piracy      It is robbery or forcible depredation on the high seas without lawful authority and done with intent to steal and in the spirit and intention of universal hostility. Piracy is triable everywhere. Ways of Committing Piracy 1. By attacking or seizing a vessel on the high seas of the Philippine waters. 2. By seizing the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Mutiny      It is the unlawful resistance to a superior, or the raising of commotions and disturbance on board the ship against the authority of its commander.             PIRACY                                                                              MUTINY 1. Place of Commission                                     Either Philippine waters or the high seas 2. Persons of Offender           Committed by strangers to the Vessel                           Committed by the members of the crew

Elements: 1. The offender performs an unlawful or unauthorized acts. 2. That such acts as:      a. Provoke or give occasion for a war involving or liable to involve the Philippines.      b. Expose Filipino citizens to reprisals on their persons and property. Reprisal      The act or practice in international law of resorting to force short of war in retaliation for damage or loss suffered. Violation of Neutrality Elements: 1. There is a war which the Philippines is not involved. 2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality. 3. The offender violates such regulation. Correspondence with Hostile Country Elements: 1. Made in time of war which the Philippines is involved. 2. Offender makes correspondence with:      a.  Enemy country      b. Territory occupied by enemy troops. 3. Correspondence is either:      a. Prohibited by the government.      b. Carried on ciphers or conventional signs.      c. Contains infor

     The offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of a foreign nation. Two Ways of Committing Espionage 1. By entering, without authority a warship, fort or military base or naval establishment or reservation to obtain any information, plans, photographs or other data of confidential nature relative to the defense of the Philippines. 2. By disclosing to the representatives of a foreign nation the contents of the article, data or information referred to in the preceding paragraph, which he had in his possession by reason of public office he holds.

     It is a breach of allegiance to a government,  committed by a person who owes allegiance to it. Elements of Treason 1. The offender owes allegiance to the Republic of the Philippines 2. There is war in which the Philippines is involved. 3. The offender either:      a. Levies war against the government.           i. With intent to overthrow the government.           ii. In collaboration with a foreign country.      b. Adheres to the enemy country by giving them aid or comfort. Ways of Proving Treason 1. Testimony of two witnesses, at least, to the same overt act. 2. Confession of guilt by the accused in open court. Circumstances Inherent in Treason 1. Evident premeditation 2. Abuse of superior strength 3. Treachery Circumstances Aggravating in Treason 1. Ignominy 2. Cruelty 3. Amount or degree of aid 4. Gravity of separate distinct acts of treason Defense: Duress and fear of immediate death Misprision of Treason      It

General Rule:      Every person criminally liable for a felony  is also civilly  liable. Exceptions: 1. Victimless crimes 2. Flight to enemy country Effect of Acquittal       Extinction of penal action does not carry with it extinction of civil liabilities, unless the extinction proceeds from a declaration in final judgement that the fact frim which the civil liability might arise did not exist. (ex: Avoidance of greater evil or injury) Effect of the Dismissal of a Case      The dismissal of the information of the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense because such dismissal or extinction of the penal action does not carry with it the extinction of the civil action. Obligation to Satisfy Civil Liability      The offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact: 1. That he h

            Penalties                                                                        Prescriptive Period Death and Reclusion Perpetua                                                          20 years Other Afflictive Penalties                                                                 15 years Correctional Penalties                                                                      10 years except for Arresto  Mayor                                                                                                           which is 5 years. Light Penalties                                                                                   1 year             Crime                                                                             Prescriptive Period Libel                                                                                                  1 year Oral Defamation and Slander by Deed                                             6 months Simple Sla

     It is an act of the sovereign power granting oblivion or general pardon for a past offense and is rarely, if ever exercised, in favor of a single individual and is usually extended in behalf of a certain classes of persons who are subject to trial who have not yet been convicted.      According to Section 19, Article VII of the Constitution, the President has the power to grant amnesty with the concurrence of the majority of all the members of the Congress. This is on top of related Presidential powers such as granting reprieves, commutations, and pardons, and remitting fines and forfeitures after the conviction by final judgement.

     Criminal liability may be extinguished by: 1. Death of convict. 2. Service of sentence. 3. Absolute pardon. 4. Prescription of crime 5. Prescription of penalty 6. Amnesty 7. Marriage in cases of:      a. Seduction      b. Acts of lasciviousness      c. Abduction      d. Rape Effects of Death of the Accused Pending Appeal of his Conviction      General Rule:      The death  of the accused pending the appeal of his conviction extinguishes his criminal liability as well as his civil liability based solely on the offense committed.      Exception:      Civil liability arising from sources other than the crime committed survives and may be pursued in a separate civil action. Sources of civil liability other than crime are:      a. Law      b. Contracts      c. Quasi-Contracts      d. Quasi-Delicts

What is a Child  in Conflict with the Law?      It refers to a child who is alleged as accused of, or adjudged as, having committed an offense under Philippine Laws. Juvenile Justice and Welfare System      This refers to the system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and after care to ensure their normal growth and development. Minimum Age of Criminal Responsibility; Exemption from Criminal Liability 1. A child 15 years of age  or under at the time of the offense shall be exempt from criminal liability. However, the child shall be subject to an intervention program. 2. A child above 15 years of age but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. 3. It does not include exemption from civil liability. ( Not exempted - if the child has ac

     It is a disposition under which a defendant after conviction  and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer.      Probation is not an absolute right. Is is a mere privilege whose grant rest upon the discretion of the trial court. Its grant is subject to certain terms and conditions that may be imposed by the trial court. Three Folds Purpose of Probation 1. Correction and rehabilitation. 2. To provide an opportunity for the reformation of the offender. 3. Prevent commission of offense. Effects of Filing and Grant or Denial of the Application of Probation 1. It operated as a waiver of the right to appeal. 2. The order granting or denying probation shall not be appealable. 3. Accessory penalties are deemed suspended once probation is granted. 4. Probation has absolutely np bearing on civil  liabilities. Probation shall be denied if the court finds that: 1. The offender needs a correctional treatment

1. Death      a. Perpetual absolute disqualification.      b. Civil interdiction during 30 years, if not expressly remitted  in the pardon. 2. Reclusion Perpetua and Reclusion Temporal      a. Civil  interdiction for life or during the sentence.      b. Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty. 3. Prision Mayor      a. Temporary absolute disqualification.      b. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty. 4. Prision Correctional      a. Suspension from public office, profession or calling.      b. Perpetual special disqualification from suffrage, if the duration of  the imprisonment exceeds 18 months, unless expressly remitted in the pardon of the principal penalty. 5. Arresto       Suspension to the right to hold office and the right of suffrage during the term  of the sentence. When and How Penalty is to be Executed      Only penalty

                                              Consumated                Frustrated              Attempted 1. Principal                                    0                                 1                             2 2. Accomplice                               1                                 2                             3 3. Accessory                                  2                                 3                             4 Determination of the extent of penalty to be imposed: 1. Stages reached by the crime in its development. 2. Participations therein of the persons liable. 3. Aggravating, mitigating circumstances which attended the commission of the crime.

     A  subsidiary personal liability to be suffered by the convict who has no property with which to meet  the fine. New Basis for daily computation of Subsidiary Penalty      He shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate  prevailing in the Philippines at the time of the rendition of judgement of conviction by the trial court.      Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine and not as a matter of choice on his part by opting to go to jail instead of paying. No Subsidiary Penalty shall be imposed where: 1. Penalty is higher that Prision Correctional or 6 years. 2. Additional penalty for habitual delinquency. 3. Non-payment of reparation of indemnification. 4. Penalty imposed is fine and another without fixed duration. 5. Non-payment of costs. 6. Non-payment of taxes in case of insolvency. 7. If not expressly sta

     It is applicable in case the property of the offender should not be sufficient for the payment of all  his pecuniary liabilities. The same shall be met in the following order: 1. Reparation of the damage caused. 2. Indemnification of the consequential damages. 3. Fine 4. Costs of proceedings.

     It is a sentence with a maximum term and a minimum term, which the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment exceeds 1 year.      It applies to both violations of the Revised Penal Code and Special Law. Purpose of ISLAW      Its purpose is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. Maximum and Minimum Term of ISLAW 1. No aggravating and mitigating circumstances - impose the penalty prescribed by law. 2. Only aggravating circumstances - impose the maximum period. 3. Only mitigating circumstances - impose the minimum period. 4. Both mitigating and aggravating circumstances are present - Offset. 5. Two or more mitigating circumstances and there is no aggravating circumstances - impose the penalty next lower to what is prescribed by law.

     It is a law on service of sentence which provides that the maximum duration of the convict's sentence shall not be more than three-folds the length of the time corresponding to the most severe  of the penalties imposed upon him. (Most severe times three)      The maximum period cannot exceed forty years and can only be applied if the convict is to serve four or more sentences successively. If an indeterminate sentence is imposed, the basis of the three-folds rule is the maximum.

    What is PARDON?           It is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. Effects of Pardon 1. A pardon shall not restore the right to hold office or the right to suffrage.      Exception: Such rights are expressly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of the civil lability. Limitations  of the Pardoning Power 1. The power can be exercised only after conviction by the final judgement. 2. Such power does not extend to cases of impeachment. 3. No pardon, Amnesty, Parole or Suspension of sentence for violation of election laws, rules and regulations shall be granted by the president without the favorable recommendation of  the COMELEC.

    Penalty is the suffering that is inflicted by the State for  the transgression of law. Three Folds Purpose of Penalty under RPC: 1. Retribution or expiatation 2. Correction or reformation 3. Social defense Penalties that may be imposed and retroactive effect of penal laws      No felony shall be punished by any penalty not prescribed by law prior to its commission. Retroactive Effect      General Rule:      Penal laws are applied Prospectively       Exception:       When prospective application is favorable to the accused, provided that: 1. The offender is not a habitual delinquent; 2. The new or amendatory law does not provide against its retrospective application. No Retroactive Effect even when Favorable to the Accused      If the new law is expressly made inapplicable to pending actions or existing causes of actions. Classifications of Penalties      Gravity                                          Penalty                                        Duration

For Grave and Less Grave Felony: 1. Principals 2. Accomplices 3. Accessories For Light Felonies: 1 Principals 2. Accomplices General Rule:      Light felonies are punishable only when they have been consumated. Exception:      Light felonies committed against persons or property are punishable even it attempted or frustrated. Exception to the Exception:      Accessories are not liable for light felonies. Two Parties in all Crimes 1. Active Subject (The Criminal)      Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. 2. Passive Subject (The injured party)      The holder of the injured right; The man, the juristic person, the group, and the State.      General Rule:      Corpses and animals cannot be passive subjects because they have no rights that may be injured.      Exception:      Under Article 353, the crime of defamation may be committed if the imputation tends to blacken the

Justifying Circumstances      Those where the act of a person is said to be in accordance with the law, so that such person is deemed no to have transgressed the law and is free from both criminal and civil liability.      It is an affirmative defense, hence, the burden of proof is on the accused who must prove it by clear and convincing evidence.          Requisites: 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; 3. Law of sufficient provocation on the part of the person defending himself.      Acts which constitute as Justifying Circumstances: 1. Self defense; 2. Defense of relatives; (4th civil degree) 3. Defense of a stranger; (not induced by revenge) 4. Avoidance of greater evil or injury; 5. Fulfillment of duty or lawful exercise of right of office; 6. Obedience to an order issued for some lawful purpose.      Reason for recognizing Self-defense as justifying circumstances: 1. Impulse of self-preservation; 2. St

       This image is owned by Dave Granlund 1. Recidivism (Article 14, par. 9, RPC)      A recidivist is one who, at the time of his trial for one crime shall have been previously convicted by final judgement of another crime embraced in the same title of the Revised Penal Code. 2. Habituality (Reiteracion) (Article 14, par. 10, RPC)      It is essential that the offender be previously punished that he has served the sentence for an offense in which the law attaches, or provides for an equal or greater penalty than that attached by the law to the second offense, or two or more offenses in which the law attaches a lighter penalty. 3. Quasi-Recidivism (Article 160, RPC)      It is a special aggravating circumstance where a person, after being convicted by final judgement, shall commit a new felony before beginning to serve such sentence, or while serving the same. 4. Multi-Recidivism or Habitual Delinquency (Article 62, par. 5, RPC)      A culprit is a habitual delinquent

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. What is a Special Complex Crime?      Those which are treated as single indivisible offense although comprising of more than one specific crime and with a specific penalty.      These r

1. Grave Felonies      They are felonies to which the law attaches the capital punishment or penalties which any of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code.       Afflictive Periods are as follows: a. Reclusion Perpetua b. Reclusion Temporal c. Perpetual or Temporary Absolute Disqualification d. Perpetual or Temporary Special Disqualification e. Prision Mayor f. Fine of more that P6,000.00. 2. Less Grave Felonies      Felonies which the law punishes with penalties which in their maximum period are correctional.     Correctional Period are as follows: a. Prison Correctional b. Arresto Mayor c. Suspension d. Destierro e. Fine equal to or more thatn P200.00 but less that P6,000.00. 3. Light Felonies      Infractions of law for the commission of which the penalty of Arresto Menor or a fine not exceeding P200.00.

What is Conspiracy?      It exist when two or more persons come into an agreement concerning the commission of a felony and decide to commit it.      General Rule:      Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts.       Exception:      Mere conspiracy or proposal to commit a felony is punishable in cases where the law specifically provides a  penalty thereof.      Requisites: 1. Two or more persons came to an agreement; 2. The agreement concerned the commission of a felony; and 3. The execution of the felony be decided upon. The law specifically provides penalty for mere conspiracy in:  Revised Penal Code: 1. Treason 2. Rebellion 3. Insurrection 4. Coup d'etat 5. Sedition 6. Monopolies and Combinations  in restraint of trade. Special law: 1. Selected acts  committed under Dangerous Drugs Act 2. Espionage 3. Illegal Association 4. Highway Robbery 5. Arson 6. Terrorism under the Human Security Act D

1. Attempted Felony      There is an attempt when the offender commences the commission of a felony directly by overt act, and does  not perform all the acts of execution which should produce the felony by reason of some cause of accident other that his own spontaneous desistance.      Overt act is some physical activity or deed, indicating intention to commit a particular crime. 2. Frustrated Felony      A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. 3. Consumated Felony      A felony is consumated when all the elements necessary for its execution and accomplishment are present. Murder/ Homicide/ Parricide/ Infanticide 1. With intent to kill but no mortal would  in inflected - Attempted . 2. With intent to kill and mortal would is inflected, but the victim does not die - Frustrated . 3. Th

     It shall be incurred by any person performing an act which would be an offense against persons or property, where it not for the inherent impossibility  of its accomplishment or on account of the employment of inadequate or ineffectual means. Requisites: 1. Act performed is an offense against persons or property; 2. Act done with evil intent; 3. Accomplishment is inherently impossible; and 4. Act performed should not constitute a violation of another provision of the Revised Penal Code. Purpose of punishing impossible crimes      To suppress criminal prosperity, or criminal tendencies. Penalty of impossible crime is Aresto mayor or a fine ranging from P200 - P500.

When is criminal liability incurred?      It shall be incurred by any person committing a felony although the wrongful act done be different from that what is intended. What is error in personae?      It is a mistake in identity of the victim. The penalty is that provided for  in Article 49 of the Revised Penal Code that is, the penalty for lesser crime in its maximum. What is aberratio ictus?      It  is the mistake in the blow What is praeter intentionem?      It is when the injurious result is greater that that is intended.

     It is a misapprehension of fact on the part of the person causing the injury to another. Such person is NOT criminally liable as he acted without criminal intent. Requisites: 1. The act done would have been lawful  had the facts been as the accused believed them to be; 2. The intention of the accused in performing the act should be lawful; and 3. The mistake must be without fault or carelessness on the part of the accused. When defense of mistake of fact not applicable. 1. When there is mistake in identity; 2. When there is negligence on the part of the accused; or 3. When the accused committed a culpable felony.

Felonies are acts or omissions punishable by the Revised Penal Code. Elements of Felonies 1. There must be an act or omission; 2. The act or omission is punishable by the Revised Penal  Code; and 3. The act performed pr the omission is incurred by means of dolo (malice) or Culpa (fault) Intentional Felonies      The act is performed or the omission is incurred with deliberate intent or malice to do an injusry. Requisites of Dolo or Malice 1. Freedom      It is the voluntariness on the part of the person to commit an act or omission. 2. Intelligence      It is the capacity to know and understand the consequence of one's act. 3. Intent      It is the purpose to use a particular means to effect such result.      It is a mental state. Hence, it's existence is shown by overt acts. Culpable Felonies      The act or omission is not malicious. The injury caused bu the offender to another person is unintentional, it being simply the incident of  another act performed

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are triable in that country.       Exception:       When the crime merely affect things within the vessel. Foreign Warships      Warships

     The Revised Penal Code and its provisions are to be applied in the following manner: 1. Extraterritoriality      The Revised Penal Code is applicable even though outside the Philippine territory. 2. Exterritoriality       A term in International Law which signifies  the immunity of certain persons, who, although in the state are no tamendable to its laws. 3. Intraterritoriality       The Revised Penal Code is made applicable within the Philippine territory.

1. Nullum Crimen Nulla Poena Sine Lege      There is no crime when there is no law that punishes it. 2. Actus Non Facit Reum, Nisi Mens Sit Rea      The act cannot be criminal unless the mind is criminal. 3. Actus Mi Invito Factus Non Est Meus Actus      An act done by me against my will is not my act. 4. El Que Es Causa De La Causa Es Causa Del Mal Causado      He who is the cause of the cause is the cause of the evil caused. 5. In Dubio, Pro Reo      When in doubt, for the accused.

What are the limitations of the Congress to enact Penal Laws? 1. No ex post facto law or bill of attainder shall be enacted; 2. No person shall be held to answer for a criminal offense without due process of law; 3. It should not impose cruel and unusual punishment nor should it impose excessive fines; and 4. It must be general in application and mist clearly define the acts and omissions punished as crimes.    

What is Pro Reo Doctrine?      Whenever a Penal Law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.

There are three characteristics of Criminal Law. They are as follows: 1. GENERAL      Penal laws and those of public security and safety shall be obligatory upon all who live and sojourn in the Philippine territory, subject to the principles of public international law and treaty stipulations. What are the Principles of Public International Law?      The following persons are not subject to the operation of our criminal laws: a. Sovereigns and other heads of the state; b. Charges d'affaires; c. Ambassadors; d. Ministers Plenipotentiary; and e.  Ministers Resident.      The basis for granting immunity for diplomatic heads are  "PAR IN PAREM, NON HABET IMPERIUM" which means that all states are sovereign equals and cannot assert jurisdiction over another. Exception:       The Doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his private and personal capacity as an ordinary citizen.    

What is Criminal law?      It is the branch or division of law which defines crimes, treats  their nature and provides for  their punishment. (Note: The mnemonics of the definition are DTP . Defines, Treats and Provides.) Distinguish Mala in se from Mala prohibita.       Mala in se is a crime or an act that is inherently immoral, (ex: Murder; Arson; or Rape) while Mala prohibita is an act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. What is a Crime?      It is a generic term that embraces any violation of the revised penal code, special penal law, and municipal or city ordinance. What is a Felony?      It is an act or omission violative of the revised the revised penal code committed either intentionally (DOLO) or negligently (CULPA). What is an Offense?      It is an act or omission violative of a special law. What is a misdemeanor?      It is a minor infraction of law. ( violative of city or munici