Doctrine of Pro Reo – 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.

Actus me invito factus non est meus actus (An act done by me against my will is not my act) –
Whenever a person is under a compulsion of irresistible force or uncontrollable fear to do an act against
his will, in which that act produces a crime or offense, such person is exempted in any criminal liability
arising from said act.
Actus non facit reum, nisi mens sit rea (The act cannot be criminal where the mind is not criminal)
– This is true to a felony characterized by dolo (deceit), but not to a felony resulting from culpa (fault).

The crime of technical malversation, punished under Art. 220 of the RPC, was held to be a crime
that is malum prohibitum. The law punishes the act of diverting public property earmarked by law or
ordinance for a particular public purpose for another public purpose. The prohibited act is not inherently
immoral, but becomes a criminal offense because positive law forbids its commission on considerations
of public policy, order, and convenience. Therefore, good faith and lack of criminal intent are not valid
defenses (Ysidoro v. People, G.R. No. 192330, November 14, 2012). (BAR 2015)

The crime of Plunder (RA 7080) is considered a Crime Mala In Se.

X went to Ninoy Aquino International Airport (NAIA) in Pasay City and boarded an airship of
the Philippine Airlines destined for the U.S. As the airship passes the Pacific Ocean, X killed
Y, a fellow passenger. Which court can try the case of murder committed by X, is it the
Philippine Courts or the U.S. Courts? Answer: The Philippine Courts. Art. 2 of RPC provides that its
provisions shall be applied to those who “should commit an offense while on a Philippine ship or
airship.” (Gapit, 2013)

Lex Prospicit, Non Respicit means the law looks forward, never backward.

Elements of felonies (BAR 2015)

1. An act or omission;
2. Punishable by the Revised Penal Code;
3. The act is performed or the omission incurred by means of deceit or fault (People v. Gonzales, G.R.
No. 80762, March 19, 1990).

Criminal intent (mens rea) – the purpose to use a particular means to effect such result. Intent to
commit an act with malice, being purely a mental process, is presumed from the proof of commission
of an unlawful act. A mental state, hence, its existence is shown by overt acts.

Rule as to Jurisdiction over crimes committed aboard foreign merchant vessels

FRENCH RULE ENGLISH RULE
GR:Matters happening on board a merchant vessel GR: Matters happening on board a merchant
while in the territorial waters of another country vessel are justiciable only by the courts of the
are justiciable only by the courts of the country to country where the merchant vessel is (territorial)
which the vessel belongs XPN: unless they merely affect things within the
XPN: unless their commission affects the peace vessel or they refer to the internal management
and security of the territory or the safety of the thereof
state is endangered

Expost Facto Law -The Congress cannot make an ex post facto law (Article III, Sec 22,
1987 Constitution). This limitation prohibits the passage of retroactive laws which are
prejudicial to the accused.

The Congress cannot make a bill of attainder (Article III, Sec 22, 1987 Constitution). This
limitation requires that criminal laws must be of general application and must clearly define
the acts and ommissions punished as crimes.