Criminal Liability

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.

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Offenses While on a Philippine Ship or Airship

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

Limitations of the Congress to enact Penal laws

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.

Multiple Offenders

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

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