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ART 1.

TIME WHEN ACT TAKES EFFECT – take effect January 1, 1932


CHARACTERISTICS/COMPONENT OF CRIMINAL LAW
1. GENERALITY – penal laws applies to all persons sojourning or residing in Philippine territory.
JUSTIFICATION OF GENERALITY
Art. 14 of the New Civil Code-Penal Laws and those of public security & safety shall be obligatory upon all who
sojourn in Philippine territory, subject to principles of public international law and to treaty stipulations.
Exceptions: As provided in Public International Law
a. Sovereigns or head of state
d. Charge de affairs and attaches
b. Ambassadors
c. Ministers – resident of ministers plenipotentiary
As provided under the Law of Preferential Application
a. an“absolutely privileged communication”of any member of the Congress.
b. (RA75) Immunity of domestic household (O-COP/DFA registered) of an accredited foreign
ambassadors.
Art 2. APPLICATION OF ITS PROVISIONS – except as provided in the treaties & laws preferential application, code shall be enforced
not only in 4 parts of territoriality but also outside of its jurisdiction, against those who:
S - 1. Commit an offence while on a Philippine Ship or airship;
C - 2. Forge or counterfeit any Coin, currency note, obligations & securities issued by the government of
the Philippine Islands.
I – 3. Liable for acts connected w/ the Introduction into these islands of the obligations & securities.
O – 4. Ehile being a public Officer or employee, should commit an offense in the exercise of their
functions;
N – 5. Commit any of the crimes against National security and the law nations, defined in Tilte 1 of Book
2 of this Code.
2. TERRITORIALITY -
Body of Land
Atmosphere – airspace above the islands comprising the Philippine archipelago.
Interior waters – include the waters separating the islands from one another.(under archipelago
doctrine)
Marinetime Zones – extends to 12 miles from the outer most coastline. The body of water beyond
the maritime zone is called “HIGH SEAS/INTERNATIONAL WATERS”.
ART 3. DEFINITION – Acts & omissions punishable by law are felonies (delitos)
Felonies are commited not only by means of deceit(dolo) but also by means of fault (culpa).
Deceit (dolo) – when the act is performed w/ deliberate intent
Fault (culpa) – when the wrongful acts result result from imprudence, negligence, lack of foresight, or lack of
skill.
INTENT – determination to do a certain thing.
MOTIVE – is a reason which impels one to commit an act for definite result.

ART 4. CRIMINAL LIABILITY - criminal liability shall be incurred:


1. by any person committing afelony (delito) although the wrongful act done be different from that which he intended.
ABBERATIO ICTUS - mistake in the blow. The victim is there but hit somebody else.
ERROR IN PERSONAE – mistake of identity. The intended victim was not in the scene.
PRAETER INTENTIONEM – where the result exceeded the criminal intent.
2. by person performing an act which would be an offence 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.

PROVISIONS – a clause in a law or contract stating that a condition must be met.


IMMUNITY – freedom from responsibility or punishment
EMBARKATION – go or put on board of a ship or aircraft
FELONY – serious rime
PARRICIDE – murder of relative
CULPRITS – wrong doer/accused person

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