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Criminal Jurisprudence & Procedure

Deep dive into the Revised Penal Code, Criminal Law concepts, and the Rights of the Accused.

Revised Penal Code (RPC) Book 1

The Revised Penal Code (Act No. 3815) is the primary source of criminal law in the Philippines.

Mala In Se vs Mala Prohibita

Mala In Se

Wrong in itself. Intent is an element. (e.g., Murder, Theft)

Mala Prohibita

Wrong because it is prohibited. Intent is immaterial. (e.g., Illegal Possession of Firearms)

Article 3: Felonies

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

Dolo: IntentionalCulpa: Negligent

Circumstances Affecting Liability

1. Justifying

The act is in accordance with law (e.g., Self-defense). No criminal and no civil liability.

2. Exempting

There is a crime but no criminal. (e.g., Insanity, under 15 years old). No criminal liability but with civil liability.

3. Mitigating

Reduces the penalty. (e.g., Voluntary surrender).

4. Aggravating

Increases the penalty. (e.g., Nighttime, Treachery).

⚖️ Beshy Criminology Tip!

Huwag malito sa Self-Defense (Justifying) at Insanity (Exempting). Sa self-defense, tama ang ginawa mo. Sa insanity, mali ang ginawa mo pero 'di ka mapaparusahan kasi 'di mo alam ang ginagawa mo. Civil liability lang ang difference!