All I Know About Law

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 recognizin...

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. Espio...

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 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.