Jurisdiction of the Philippines over crimes committed in foreign merchant
vessels while in Philippine territory:
*Note: this does not apply to Warships
English Rule – the crime is triable in the Philippines EXC if the crime only
affects matters within the vessel
French Rule – the crime is not triable in the Philippines EXC if it affects the
peace and order of the country
Please read and secure a copy of Arts. 1-10 of the Revised Penal Code
FELONIES and CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
History of the Revised Penal Code
The Revised Penal Code was derived originally from the Spanish Penal Code.
The RPC was passed in January 1, 1932
Art. 3 Felony – act or omission punishable by the Revised Penal Code
Elements:
1. There must be an act of omission
2. Such act or omission is punishable by RPC; and
3. Committed either by dolo or culpa.
DOLO – deceit (malice); Elements include Intelligence, Freedom and
Criminal intent
CULPA – fault; Elements include Intelligence, Freedom and Negligence,
Imprudence, Lack of skill, Lack of foresight
Intent – the purpose to use a particular means to effect such a result
Motive – the moving power which impels one to action for a definite result
MALA INSE- an act mala inse is a wrong act from its very nature as those
felonies punished in the Revised Penal Code.
MALA PROHIBITA- an act mala prohibita is a wrong because law prohibits it.
Without the law punishing the act, it cannot be considered wrong. Hence the
mere commission of that act is what constitutes the offense punished and
criminal intent will be immaterial for reason of public policy. So, mere
carrying of a firearm within a policing place is punished by the Revised
Election Code, regardless whether or not the offender had the intention to
violate the law.
Art. 4 Who incurs Criminal Liability:
1. Committing a felony (delito) although the wrongful act done be different
from that which he intended; and
2. Performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means (impossible crime- a
crime of last resort).
Error in personae (Mistake in identity)
Aberratio lotus (Mistake in Blow)
Praeter intentionem (the act exceeds the intent)
Impossible crime