LEGAL MAXIM IN CRIMINAL LAW-1

1. 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.

This is in consonance with the fundamental rule that all doubts shall be
construed in favor of the accused and consistent with presumption of
innocence of the accused. This is peculiar only to criminal law.

2. Actus non facit reum, nisi mens sit rea- an act is not necessarily a
guilty act unless the accused has the necessary state of mind required
for that offence]

The maxim that, generally, a person cannot be guilty of a crime unless

two elements are present: the * actus reus(“guilty act”) and the * mens
rea (“guilty mind”). Most criminal offences require (1) an actus
reus (conduct “external” to the defendant's thoughts and intentions) and
(2) a mens rea (a specific state of mind on the part of the accused).

3. Aberatio Ictus- is mistake in the blow. It is a manner or incurring

criminal liability according to Paragraph 1, Article 4, Revised Penal Code.
It is a mistake in the identity of the victim, which may either be (a) "error
in personae" (mistake of the person), or (b) "aberratio ictus" (mistake in
the blow), it is neither exempting nor mitigating (People vs. Gona, 54
Phil. 605 [1930]).

4. Error in personae- (mistake in the identity) - occurs when the offender

actually hit the person to whom the blow was directed but turned out to
be different from and not the victim intended.

5. Praeter intentionem- (injurious result is greater than that intended) - it

is the lack of intention to commit so grave a wrong as that committed.
The injury is on the intended victim but the resulting consequences is so
grave a wrong than what was intended.

6. 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."