Penal Laws - By Latin Maxim

LATIN MAXIM,   SPECIAL PENAL LAWS

1.) ACTORI INCUMBIT ONUS PROBANDI - The burden of proof rests with the plaintiff or prosecution.

2.) ACTUS DEI NEMINI FACIT INJURIAM - The law holds no man responsible for the act of God.

3.) ACTUS DEI NEMINI NOCET - No one is to be prejudiced at law by the act of God

4.) ACTUS LEGIS NEMINI EST DAMNOSUS - An act of the law is hurtful to no one.

5.)ACTUS ME INVITO FACTUS NON EST MEUS ACTUS - That which is done against my will, although done by me, is not my act.

6.) ACTUS NON FACIT REUM, NISI MENS SIT REA - An act does not make the person doing it guilty unless it is accompanied by a guilty mind

7.) ALLEGANS CONTRARIA NON EST AUDIENDUS - A witness may not be heard to contradict himself.

8.) ALLEGATA ET PROBATA - Things alleged and proved.

9.) ALTUM MARE - The high seas.

10.) AMICUS CURIAE - A friend of the Court.
11.) ANIMO - With intention.
12.) ANIMO FELONICO - With felonious intent.
13.) ANIMUS - Mind, Intention.

14.) ANIMUS DEDICANDI - The intention of donating or dedicating.

15.) ANIMUS ET FACTUM - The combination of intention with the fact.

16.) ANIMUS FURANDI - With the intention of stealing.

17.) ARBITRIUM EST JUDICIUM - The award of an arbitrator has the same force and effect as a judgement.

18.) ARGUMENTUM AB IMPOSSIBILI VALET IN LEGE - An argument drawn from the fact that a thing is impossible is of much force in law.

19.) AUCUPIA VERBORUM SUNT JUDICE INDIGNA - Quibbling with words is not worthy of a judge.

20.) AUDI ALTERAM PARTEM - To hear both sides, to hear the other side.
.
03/30/2016 1:53pm
SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.

Dura lex sed lex – the law may be harsh but it is the law.

Ignorantia legis neminem excusat – ignorance of the law excuses no one.

Ignorantia facti excusat – mistake of fact excuses.

Praeter intentionem – different from that which was intended.

Error in personae – mistake in identity.

Abberatio Ictus – mistake in the blow

Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.

Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.

Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.

Mens rea – guilty mind.

Actus reus – guilty act.

Res ipsa loquitor – the thing speaks for itself.

Causa Proxima – proximate cause which produced the immediate
effect.

Prima facie – at first glance.

Locus Criminis – scene of the crime or crime scene.

Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted.

Res Gestae – the thing itself.

Falsus in unum, falsus in omnibus ­– false in one part of the statement would render the entire statement false (note: this maxim is not recognized in our jurisdiction).
03/31/2016 5:53pm
SPECIAL PENAL LAWS
1. RA NO. 10175 - AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE

2. RA NO. 10158 - AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

3. RA NO. 9995 - AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

4. RA No. 9775 - Anti-Child Pornography Act of 2009

5. RA No. 9516 - An Act Further Amending the Provisions of
Presidential Decree No. 1866, As Amended, Entitled "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives Or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations thereof, and for Relevant Purposes"

6. RA No. 9439 [H. No. 68] - An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medlcal Expenses

7. RA No. 9346 - An Act Prohibiting the Imposition of Death Penalty in the Philippines.

8. Republic No. 9344 - An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare Council under the Department of Justice, Appropriating Funds therefor and for other Purposes.

9. Republic Act No. 9262 - An Act Defining Violence Against Women And Their Children, Providing For Protective Measures For Victims, Prescribing Penalties Therefore, And For Other Purposes.

10. Republic Act No. 9208 - An Act To Institute Policies to Eliminate Trafficking in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanisms for the Protection and Support of Trafficked Persons, Providing Penalties for Its Violations, and for other Purposes.

11. Republic Act No. 9194 - An Act Amending Republic Act No. 9160, Otherwise Known as the "Anti-Money Laundering Law of 2001"

12. Republic Act No. 9165 - Comprehensive Dangerous Drugs Act of 2002

13. Republic Act No. 9160 - The Rules and Regulations Implementing the Anti-Money Laundering Act of 2001

14. Republic Act No. 8505 - Rape Victim Assistance and Protection Act of 1998

15.Republic Act No. 8368 - The Anti-Squatting Law Repeal Act of 1997

16. Republic Act No. 8353 - Anti-Rape Law

17. Republic Act No. 8294 - An Act Amending the Provisions of P. D. No. 1866, Entitled "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Dispostion of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for Relevant Purposes"

18. Republic Act No. 8177 - An Act Designating Death by Lethal Injection as the Method of Carrying Out Capital Punishment, Amending for the Purpose Article 81 of the Revised Penal Code, As Amended by Section 24 of Republic Act No. 7659

19. Republic Act No. 8049 - Anti-Hazing Law

20. Republic Act No. 7890 - An Act Amendig Article 286, Section Three, Chapter Two, Title Nine of Act No. 3815, As Amended, Otherwise Known as the Revised Penal Code

21. Republic Act No. 7832 - Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994

22. Republic Act No. 7659 - Death Penalty Law

23. Republic Act No. 7438 - An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof

24. Republic Act No. 7636 - An Act Repealing Republic Act Numbered One Thousand Seven Hundred, As Amended, Otherwise Known as the Anti-Subversion Act.

25. Republic Act No. 7309 - An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes

26. Republic Act No. 6981 - Witness Protection, Security and Benefit Act

27. Republic Act No. 6968 - An Act Punishing the Crime of Coup d' Etat by Amending Articles 134, 135 and 136 of Chapter One, Title Three of Act Numbered Thirty-Eight Hundred and Fifteen, Otherwise Known as the Revised Penal Code, and for Other Purposes.

28. Republic Act No. 6425 - The Dangerous Drugs Act of 1972

29. Republic Act No. 1700 - An Act to Outlaw the Communist Party of the Philippines and Similar Associations, Penalizing Membership Therein, and for Other Purposes. (Repealed by Republic Act No. 7636)

30. Presidential Decree No. 2018 - Further Amending Articles 38 and 39 of the Labor Code by Making Illegal Recruitment a Crime of Economic Sabotage and Punishable With Life Imprisonment.

31. Presidential Decree No. 1996 - Further Amending Presidential Decree No. 1834, As Amended.(Repealed by Executive Order No. 187, Series of 1987)

32. Presidential Decree No. 1990 - Amending Presidential Decree No. 968, Otherwise Known as the Probation Law of 1976.

33. Presidential Decree No. 1975 - Amending Presidential Decree No. 1835 (Repealed by Executive Order No. 167, Series of 1987

34. Presidential Decree No. 1974 - Amending Presidential Decree No. 1834 (Repealed by Executive Order No. 187, Series of 1987)

35. Presidential Decree No. 1875 - Repealing Presidential Decree No. 1737, Otherwise Known as an Act Providing for the Preservation of Public Order and the Protection of Individual Rights and Liberties During Periods of Emergency and Exercise of Extra-Ordinary Executive Powers .

36. Presidential Decree No. 1835 - Anti-Subversion Law of 1981 Codifying the Various Laws on Anti-Subversion and Increasing the Penalties for Membership in Subversive Organizations. (Repealed by Executive Order No. 167, Series of 1987)

37. Presidential Decree No. 1834 - Increasing the Penalties for the Crime of Rebellion, Sedition, and Related Crimes, and Amending for This Purpose Articles 135, 136, 140, 141, 142, 143, 144, 146 and 147 of th Revised Penal Code and Adding Section 142-B Thereto.(Repealed by Executive Order No. 187, Series of 1987)

38. Presidential Decree No. 1829 - Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.

39. Presidential Decree No. 1745 - Providing for the Disposition of Cases Involving Simple Illegal Possession of Firearm, Ammunition, or Explosive, the Surrender of Such Contraband Under Certain Guarantees and Conditions, and for Other Purposes.

40. Presidential Decree No. 1744 - Amending Article Three Hundred and Twenty of the Revised Penal Code Provisions on Arson.

41. Presidential Decree No. 1743 - Amending Presidential Decree No. 1110-A Penalizing Any Attempt on, or Conspiracy Against, the Life of the Chief Executive of the Republic of the Philippines, Any Member of His Cabinet or Their Families.

42. Presidential Decree No. 1737 - An Act Providing for the Preservation of Public Order and the Protection of Individual Rights and Liberties During Periods of Emergency and Exercise of Extraordinary Executive Powers.

43. Presidential Decree No. 1736 - Amending Presidential Decree Numbered Eight Hundred Eighty-Five, Otherwise Known as the Revised Anti-Subversion Law, As Amended.

44. Presidential Decree No. 1735
Imposing Additional Penalties for Rebellion, Insurrection, Sedition and Subversion Committed Within or Outside Philippine Territory. Repealed by Executive Order No. 187, Series of 1987)

45. Presidential Decree No. 970 - Amending Articles 138 and 142 of the Revised Penal Code and for Other Purposes. (Repealed by Executive Order No. 187, Series of 1987)

46. Presidential Decree No. 969 - Amending Certain Provisions of Presidential Decree No. 960 Which Amended Article 201 of the Revised Penal Code and for Other Purposes.)

47. Presidential Decree No. 968 - The Probation Law of 1976 Establishing a Probation System, Appropriating Funds Therefor and for Other Purposes.

48. Presidential Decree No. 942 - Amending the Provisions of the Revised Penal Code on Crimes Against Public Order. (Repealed by Executive Order No. 187, Series of 1987)

49. Presidential Decree No. 885 - Revised Anti-Subversion Law Outlawing Subversive Organizations, Penalizing Membership Therein and for Other Purposes.

50. Presidential Decree No. 38 - Amending Articles 135, 136, 137, 138, 140, 142, 177, 178 and 179 of the Revised Penal Code. (Repealed by Executive Order No. 187, Series of 1987))

51. Batas Pambansa Bilang 873 - An Act Amending Article 152 of the Revised Penal Code by Considering Lawyers as Persons in Authority When in the Performance of Their Duties or on the Occasion Thereof.

52. Batas Pambansa Bilang 871 - An Act Amending Articles Two Hundred Ten and Two Hundred Eleven of Act Numbered Thirty-Eight and Fifteen, Otherwise Known as the Revised Penal Code, As Amended, to Increase the Penalty for the Offense of Bribery.

53. Batas Pambansa Bilang 186 - An Act Increasing the Penalty for White Slave Trade, Amending for the Purpose Article 341 of the Revised Penal Code.

54. Batas Pambansa Bilang 179 - An Act Further Amending Certain Sections of Republic Act Numbered Sixty-Four Hundred and Twenty-Five, Otherwise Known as the Dangerous Drugs Act of 1972, Appropriating Funds Therefor, and for Other Purposes.

55. Batas Pambansa Bilang 92 - An Act Modifying the Definition of the Crime of Corruption of Minors and Increasing the Penalty Therefor, Amending for the Purpose Article Three Hundred Forty of the Revised Penal Code.

56. Batas Pambansa Bilang 85 - An Act Authorizing the Release of Any Offender or Accused Who Has Undergone Preventive Imprisonment Equal to or More Than the Possible Maximum Imprisonment to Which He May be Sentenced by Amending the Revised Penal Code.

57. Batas Pambansa Bilang 76 - An Act Amending Presidential Decree Numbered Nine Hundred Sixty-Eight, as Amended, Otherwise Known as the Probation Law of Nineteen Hundred and Seventy-Six, So as to Expand Its Coverage.

58. Batas Pambansa Bilang 71 - An Act Further Amending Article 310 of the Revised Penal Code.

59. Batas Pambansa Bilang 33 - An Act Defining and Penalizing Certain Prohibited Acts Inimical to the Public Interest and National Security Involving Petroleum and/or Petroleum Products, Prescribing Penalties Therefor and for Other Purposes.

60. Batas Pambansa Bilang 31 - An Act Amending Presidential Decree Numbered Eight Hundred Eighty-Five, Otherwise Known as the Revised Anti-Subversion Law.

61. Batas Pambansa Bilang 22 - Bouncing Check Law

62. Batas Pambansa Bilang 6 - An Act Reducing the Penalty for Illegal Possession of Bladed, Pointed or Blunt Weapons, and for Other Purposes, Amending for the Purpose Presidential Decree Numbered Nine.

63. Commonwealth Act No. 578 - An Act to Amend Article One Hundred Fifty-Two of the Revised Penal Code, so as to Include Teachers, Professors, and Persons Charged With the Supervision of Public or Duly Recognized Private Schools, Colleges, and Universities, Within the Term "Persons in Authority" .

64. Act No. 4103 - The Indeterminate Sentence Law An Act to Provide for an Indeterminate Sentence and Parole for All Persons Convicted of Certain Crimes by the Courts of the Philippine Islands; to Create a Board of Indeterminate Sentence and to Provide Funds Therefor; And for Other Purposes.
08/03/2016 4:07pm
CESARE LOMBROSO - father of modern criminology
Dr. HANS GROSS - father of modern criminalistics
Dr. PAUL KIRK - father of criminalistics in U.S
Dr. JOHN LARSON - father of polygraph
LEONARDO KEELER - father of modern polygraph
ALBERT S. OSBORN - father of questioned document
JOHANNES PURKENJIE - father of dactyloscopy
DR. EDMOND LOCARD - father of poroscopy
METHEU ORFILA - father of toxicology
ALPHONSE BERTILLON - father of personal/ scientific identification
ALEXANDER MACANOCHIE - father of modern penology
MATTHEW DAVENPORT HILL - father of english probation
JOHN AUGUSTUS - father of probation
EDWARD SAVAGE - 1ST PROBATION OFFICE IN THE WHOLE WORLD
TEODULO C. NATIVIDAD - father of philippine probation
SIR EDWARD R. HENRY - father of fingerprints
MR. JONES - 1st who taught fingerfrint in the philippine constabulary
GENEROSO REYES - 1st filipino fingerprint technician employed by the phil. constabulary
ISABELA BERNALES - 1st filipina fingerprint technician
CAPT. THOMAS DUGAN AND FLAVIANO GUERRERO- gave the 1st examination in fingerprint
AGUSTIN PATRICIO - TOP the fingerprint examination
PEOPLE OF THE PHIL. VS. MEDINA - 1st conviction base on fingerprinted leading judicial decision in the phil.

Comments

Popular posts from this blog

Criminal Law Reviewer.