ADJUS-121 Lecture Notes - Lecture 8: Revised Penal Code Of The Philippines, Criminal Negligence, Malum Prohibitum

• School: Diablo Valley College
• Department: Administration Of Justice
• Course: ADJUS-121
• Professor: moten

Document Summary

Crimes that are economic and social and nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner; thus, capital punishmen. There is no crime when there is no law punishing the same. This is true to civil law countries, but not to common law countries. Because of this maxim, there is no common law crime in the philippines. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime. 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, but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence.