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CHAPTER 2 All persons except Head of

state, foreign diplomats,


Criminal Law  branch of public
foreign troops
(municipal) substantive law which defines
crimes, treats o their nature and provides or
their punishment. Exceptions:
Sources: 1. Public International Law
1. Act 3815- Revised Penal Code 2. Treaties Stipulation
2. Special penal laws from Congress 3. Laws of Preferential
3. Presidential Decrees Application
2. Territoriality
 Philippine Archipelago
Rules on crimes aboard foreign merchant
 Atmospheric water
vessels while within Philippine waters:
 Maritime zone- 3 mile
 English Rule- punishable in the limit beyond our
Philippines, unless it merely affects shore during low tide
things within the vessel 3. Prospectivity
 French Rule- not punishable in the
country, unless it has effects on the
safety of the coastal state. Circumstances affecting ones criminal
liability
Legal Maxims
 Nullum crimen nulla poena sine lege 1. Justifying
 Actus me invictus factus no est meus  Self defense, defense of relatives,
actus defense of strangers, avoidance of
 Ignorantia lege neminem excusat greater evil, fulfillment of duty,
 Ignorati facti excusat obedience to order of superior
2. Exempting

Revised Penal Code (RPC) 3. Mitigating


 Incomplete justifying or exempting
 Spanish Codigo Penal
circumstances, under 18, no intention
 Royal Decree of 1870 to commit so grave a wrong (praeter
 December 8, 1930- Amendment intentionem), sufficient provocation
 January 1, 1932- Act 3815 took effect or threat, vindication of a grave
 Two books composed of: offense, passion or obfuscation,
1. 1st book: voluntary surrender/voluntary
 Article 1-20- confession of guilt, physical defects,
principles affecting illnesses which diminish will power,
criminal liability analogous circumstance
4. Aggravating
 Article 21-113-
 Advantage of public position, in
penalties
contempt or with insult to public
2. 2 book:
nd
authorities, disrespect, abuse of
 Article 114-367- confidence, palace of the chief
felonies executive, place of religious worship,
 Characteristics nighttime, uninhabited place, band, on
1. Generality occasion o conflagration, shipwreck,
etc., aid of armed men, recidivist,
reiteration, price, reward or promise,
inundation, fire, poison, evident
premeditation, graft, fraud or
disguise, superior strength, treachery,
ignominy, unlawful entry, wall or roof
broken, aid of persons under 15,
motor vehicle, cruelty.
5. Alternative