1. Total Extinction of Criminal Liability Criminal liability is totally extinguished: 1) By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. 2) By service of the sentence; 3) By amnesty, which completely extinguishes…
1. General Provisions a. When and how a penalty is to be executed No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to…
1. Principals, accomplices, and accessories a. Criminal liability depending on penalty GRAVE AND LESS GRAVE FELONIES: The following are criminally liable for grave and less grave felonies: 1) Principals. 2) Accomplices. 3) Accessories. LIGHT FELONIES: The following are criminally liable for light felonies: 1) Principals 2) Accomplices. (Article 16, Ibid.) 2) Persons liable PRINCIPALS: The…
1. Justifying circumstances The following do not incur any criminal liability: 1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending…
1. Concept Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced…
1. Presumption of innocence In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987 Constitution) 2. Pro reo principle The fundamental principle in applying and interpreting criminal laws… is to resolve all doubts in favor of the accused. In dubio pro reo. When in doubt,…
1. Principle of generality Under the principle of generality, all persons within the jurisdiction of the Philippines are subject to and bound by the country’s penal laws. 2. Principle of territoriality Except as provided in the treaties and laws of preferential application, the provisions of the Revised Code shall be enforced not only within the…
1. Concepts “Mala in se” – refers to acts wrong in themselves. (Dungo v. People, G.R. No. 209464, 01 July 2015) “Mala prohibita” – refers to acts which would not be wrong but for the fact that positive law forbids them. (Ibid.) 2. Importance of the difference The law has long divided crimes into acts…