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Criminal Law – branch of law which defines crimes, treats of their nature, and provides for their punishment.

Crimes – act or omission committed in violation of the law.

2 injuries are committed;


1. Injury committed against a person;
2. Injury committed against the state;

Injury committed against a person


Personal injury against the private offended party. Civil indemnity is awarded to the offended party on the heirs.
Injury committed against the state - Punishment is imprisonment.
Social injury against the state for the disturbance of peace.
Note: for every crime committed, it is more of an offense against the state rather than against the private
offended party.
Felony – Acts or omissions punished by the Revised Penal Code (RPC);
Offense – punished by a special law;
Acts/Infractions – punished by ordinances, local legislation;
Ordinance – Laws and regulations created by LGUs

Act – any bodily movement tending to produce some effect in the external world, it being necessary that the
same be actually produced, as the possibility of its production is sufficient.
Omission – means inaction, the failure to perform a positive duty which one is bound to do.

Mala In Se – acts which are inherently evil. Examples: Murder, Rape, Robbery, Theft, etc.
Mala Prohibita – Acts which are made evil bcoz there is a law prohibiting it. Examples: RA 9165 – Dangerous
drugs act of 2002; BP 22- Anti Bouncing Check Law; RA 8294 – Illegal Possession of Firearms; RA 10913 –
Anti-distracted driving act.

Venue – particular geographical area in which a court with jurisdiction may hear or determine a case.
Jurisdiction – power of the court to decide a case on the merits.
Continuous Crime –
Continuing Crime – consummated in one place, yet by nature of the offense, the violation of the law is
deemed continuing. The courts of the territories where the essential ingredients of the crime took place have
concurrent jurisdiction.
Impossible Crime – an act performed against persons or property but which was not made possible bcoz of
the inherent impossibility of its accomplishment or of the ineffectual or inadequate means employed to bring
about the crime.

Due Process
-
Substantive – the intrinsic validity of the law
Procedural – based on the principle that renders judgment only after trial and based on the evidence
presented therein.
Ex Post Facto Law
- one which makes criminal an act done before the passage of the law, and which was innocent when it
was done.
- Changes the punishment and inflicts a greater one
- Alters legal rules of evidence and authorizes conviction upon less or different testimony than the law
required.
- Assumes to regulate civil rights and remedies only
- Deprives a person accused of crime some lawful protection to which he has become entitled.
Bill of Attainder – a legislative act which inflicts punishment without trial.

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