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Criminal Law Summer Reviewer
Page 2 of 174
BOOK ONEGENERAL PROVISIONS
RPC took effect February 1, 1932.
Philippine vessel or airship
– Philippinelaw shall apply to offenses committed invessels registered with the Philippine Bureauof Customs. It is the registration, not thecitizenship of the owner which matters.2.
French RuleGeneral Rule:
Crimes committed aboarda foreign vessel within the territorialwaters of a country are NOT triable in thecourts of such country.
commission affects thepeace and security of the territory, or the safety of the state is endangered.b.
Crimes committed aboarda foreign vessel within the territorialwaters of a country are triable in thecourts of such country.
When the crime merelyaffects things within the vessel or itrefers to the internal managementthereof.
*This is applicable in the Philippines.Title One: FELONIES AND CIRCUMSTANCESWHICH AFFECT CRIMINAL LIABILITYChapter One: FELONIES
– acts and omissions punishable by theRevised Penal Code
– acts and omissions punishable by any law
– an overt or external act
– failure to perform a duty required by law
1. there must be an act or omission2. this must be punishable by the RPC3. act or omission was done by means of doloor culpa
NULLUM CRIMEN, NULLA POENA SINE LEGE
– There is no crime when there is no law punishing it.
Classification Of Felonies
According To TheMeans By Which They Are Committed:
Intentional Felonies- by means of deceit(dolo)Requisites
:a. freedomb. intelligencec. intent.
MISTAKE OF FACT
– misapprehension of fact on the part of the person who causedinjury to another. He is not criminally liable.
the act done would have been lawfulhad the facts been as the accusedbelieved them to bebintention is lawful
mistake must be without fault or carelessness by the accused2.
Culpable Felonies- by means of fault (culpa)
:a. freedomb. intelligencec. negligence (lack of foresight) andimprudence (lack of skill)
MALA IN SE v. MALA PROHIBITA