MA'VS

Actus non facit reum nisi mens sit rea

The act does not make a person guilty unless the mind is also guilty.

Applied when there is absence of criminal intent, such as in insanity, minority, or accident.

PRESCRIPTION OF THE OFFENSE-

Prescription

is the curtailment or destruction of rights arising from the operation of time. In criminal law, it serves to bar a criminal prosecution when the victim and the State has been silent for a certain period of time to proceed against an offender.

Prescription of Offenses-

is the loss or forfeiture of the right of the State to prosecute the accused after the lapse of a certain prescribed period of time.

When does an offense prescribe?

The period required for prescription depends upon the severity of the penalties prescribed by law and imposed by the court.

LEVELS OF CRIMINALITY

There are SIX (6) LEVELS OR STAGES OF CRIMINALITY IN THE COMMISSION OF CRIME:

First Level:
When the actor first conceives the idea of committing the crime.

Second Level:
When he evaluates the idea in order to decide whether or not he would proceed with his criminal plans.

Third Level:
When he finally formed the intention to go forward and proceed.

Fourth Level: The PREPARATION STAGE.
When he prepares to commit the crime.

Fifth Level:
When he commences the commission of the offense.

Sixth Level:
When he completes his actions, thereby achieving his immediate criminal goal.

Yes, unauthorized use of the Philippine National Police (PNP) uniform is a crime in the Philippines. It is punishable under laws related to usurpation of authority and illegal use of uniforms or insignia.

• Usurpation of Authority (Article 177, Revised Penal Code):
• Penalizes any person who falsely represents themselves as a public officer or performs acts belonging to a public officer without authority.
• Illegal Use of Uniforms or Insignia (Article 179, Revised Penal Code):
• Prohibits unauthorized wearing of uniforms, insignia, or decorations of public officials, including police attire.

• In April 2024, a man was arrested in Parañaque City for wearing a PNP uniform while taking selfies on a bus. His suspicious behavior led to his apprehension.
• In February 2021, a woman was charged after being caught wearing a PNP athletic uniform without being a member of the force.
• In November 2025, PNP Acting Chief Lt. Gen. Jose Melencio Nartatez Jr. reiterated that the police uniform is not a costume, and its misuse is a serious offense.

• The PNP uniform symbolizes authority, integrity, and public trust. Unauthorized use can:
• Mislead the public
• Facilitate criminal activity
• Undermine law enforcement credibility

RA 11131: Philippine Criminology Profession Act of 2018
- Purpose: Regulates the practice of criminology in the Philippines.
- Key Features:
- Repeals RA 6506, which created the Board of Examiners for Criminologists.
- Establishes the Professional Regulatory Board of Criminology under the PRC.
- Sets standards for education, licensure, and ethics in the criminology profession.
- Recognizes the role of criminologists in national security, peace and order, and public safety.

RA 11313: Safe Spaces Act (Bawal Bastos Law)
- Purpose: Defines and penalizes gender-based sexual harassment in various settings.
- Key Features:
- Covers harassment in public spaces, online, workplaces, and educational/training institutions.
- Prohibits acts like catcalling, sexist slurs, stalking, and online sexual harassment.
- Mandates preventive measures and reporting mechanisms.
- Promotes respect for human dignity and gender equality.

Evidence Markers: Numbers vs. Letters
• Numbered Markers (1, 2, 3...)
These are typically used to label physical evidence items found at the crime scene—such as weapons, clothing, fingerprints, or bloodstains. Each number corresponds to a specific item in the evidence log and helps maintain the chain of custody.
• Lettered Markers (A, B, C...)
These are often used to indicate reference points, spatial orientation, or photographic targets—such as entry/exit points, directional arrows, or areas of interest that are not physical evidence but aid in scene documentation.

Proper use of markers ensures transparency, prevents contamination, and supports lawful prosecution. Mislabeling or inconsistent tagging can compromise the integrity of the investigation.

Oath
An oath is a solemn declaration made under penalty of perjury, invoking a Supreme Being to witness the truthfulness of a statement or the sincerity of a promise.

Affirmation
An affirmation is a formal declaration made without religious reference, but with the same legal effect as an oath.

2004 Rules on Notarial Practice: Both oath and affirmation are valid forms of attestation in jurats, affidavits, and legal declarations.

“Every society has the criminals that it deserves.” — Havelock Ellis

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SALN stands for Statement of Assets, Liabilities, and Net Worth. It is a mandatory annual declaration required of all public officials and employees in the Philippines under Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

Here’s a breakdown of what SALN includes and why it matters:
What SALN Contains
- Assets: Real properties (e.g., land, buildings) and personal properties (e.g., vehicles, jewelry, bank accounts)
- Liabilities: Loans, debts, and other financial obligations
- Net Worth: Total assets minus total liabilities
- Business Interests and Financial Connections: Any involvement in private enterprises
- Relatives in Government: Identification of relatives up to the fourth degree of consanguinity or affinity who are also in government service.

Purpose of SALN
- Promote transparency and accountability in public service
- Prevent conflicts of interest and detect unexplained wealth
- Serve as a tool for lifestyle checks and anti-corruption investigations

Who Must File It?
- All government officials and employees, whether regular, contractual, or temporary
- Filing is required annually, and also upon entry, separation, or promotion in government service.

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1. Recidivism
Definition: Recidivism occurs when a person, previously convicted by final judgment, commits another crime that is of the same nature or category.
• Same title of the Revised Penal Code (e.g., both crimes are under “Crimes Against Property”)
• Aggravating circumstance: It increases the penalty for the new offense.
• Example: A person convicted of theft who later commits robbery.

2. Quasi-Recidivism
Definition: Quasi-recidivism happens when a person commits a new felony while serving sentence for another felony.
• Committed during service of sentence
• No need for same title or nature
• Special aggravating circumstance: The penalty for the new crime is always imposed in its maximum period.
• Example: A prisoner convicted of homicide commits theft while serving time.

3. Habitual Delinquency
Definition: A person is a habitual delinquent if they are convicted multiple times of specific crimes within a certain period.
• Crimes involved: Serious or less serious physical injuries, robbery, theft, estafa, falsification
• Convictions must occur within 10 years from last release or conviction
• Subject to additional penalties under Article 62 of the Revised Penal Code
• Example: A person convicted of theft in 2010, estafa in 2015, and robbery in 2020.