CRIMINOLOGY BOARD EXAM – Lagal Maxims

Legal Maxims

1.) ACTORI INCUMBIT ONUS PROBANDI – The burden of proof rests with the plaintiff or
prosecution.

2.) ACTUS DEI NEMINI FACIT INJURIAM – The law holds no man responsible for the act of
God.

3.) ACTUS DEI NEMINI NOCET – No one is to be prejudiced at law by the act of God

4.) ACTUS LEGIS NEMINI EST DAMNOSUS – An act of the law is hurtful to no one.

5.)ACTUS ME INVITO FACTUS NON EST MEUS ACTUS – That which is done against my will,
although done by me, is not my act.

5.) ACTUS NON FACIT REUM, NISI MENS SIT REA – An act does not make the person
doing it guilty unless it is accompanied by a guilty mind

6.) ALLEGANS CONTRARIA NON EST AUDIENDUS – A witness may not be heard to
contradict himself.

7.) ALLEGATA ET PROBATA – Things alleged and proved.

8.) ALTUM MARE – The high seas.

10.) AMICUS CURIAE – A friend of the Court.

11.) ANIMO – With intention.

12.) ANIMO FELONICO – With felonious intent.

13.) ANIMUS – Mind, Intention.

14.) ANIMUS DEDICANDI – The intention of donating or dedicating.

15.) ANIMUS ET FACTUM – The combination of intention with the fact.

16.) ANIMUS FURANDI – With the intention of stealing.

17.) ARBITRIUM EST JUDICIUM – The award of an arbitrator has the same force and effect as a
judgement.

18.) ARGUMENTUM AB IMPOSSIBILI VALET IN LEGE – An argument drawn from the fact that
a thing is impossible is of much force in law.

19.) AUCUPIA VERBORUM SUNT JUDICE INDIGNA – Quibbling with words is not worthy of a
judge.

20.) AUDI ALTERAM PARTEM – To hear both sides, to hear the other side.

03/30/2016 1:53pm

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.

Dura lex sed lex – the law may be harsh but it is the law.

Ignorantia legis neminem excusat – ignorance of the law excuses no one.

Ignorantia facti excusat – mistake of fact excuses.

Praeter intentionem – different from that which was intended.

Error in personae – mistake in identity.

Abberatio Ictus – mistake in the blow

Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the
same.

Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not
criminal.

Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.

Mens rea – guilty mind.

Actus reus – guilty act.

Res ipsa loquitor – the thing speaks for itself.

Causa Proxima – proximate cause which produced the immediate

Effect.

Prima facie – at first glance.

Locus Criminis – scene of the crime or crime scene.

Pro Reo – principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.

Res Gestae – the thing itself.

Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire
statement false (note: this maxim is not recognized in our jurisdiction).

03/31/2016 5:53pm

SPECIAL PENAL LAWS

1. RA NO. 10175 – AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,

INVESTIGATION, SUPPRESSION AND THE

2. RA NO. 10158 – AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS

PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE

3. RA NO. 9995 – AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO
VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

4. RA No. 9775 – Anti-Child Pornography Act of 2009

5. RA No. 9516 – An Act Further Amending the Provisions of

Presidential Decree No. 1866, As Amended, Entitled “Codifying the Laws on Illegal/Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or
Explosives Or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives,
and Imposing Stiffer Penalties for Certain Violations thereof, and for Relevant Purposes”

6. RA No. 9439 [H. No. 68] – An Act Prohibiting the Detention of Patients in Hospitals and
Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medlcal Expenses
7. RA No. 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines.

8. Republic No. 9344 – An Act Establishing a Comprehensive Juvenile Justice and Welfare
System, Creating the Juvenile Justice and Welfare Council under the Department of
Justice, Appropriating Funds therefor and for other Purposes.

9. Republic Act No. 9262 – An Act Defining Violence Against Women And Their Children,
Providing For Protective Measures For Victims, Prescribing Penalties Therefore, And
For Other Purposes.

10. Republic Act No. 9208 – An Act To Institute Policies to Eliminate Trafficking in Persons
Especially Women and Children, Establishing the Necessary Institutional Mechanisms
for the Protection and Support of Trafficked Persons, Providing Penalties for Its
Violations, and for other Purposes.

11. Republic Act No. 9194 – An Act Amending Republic Act No. 9160, Otherwise Known as
the “Anti-Money Laundering Law of 2001”