LEGAL DOCTRINES Flashcards
Act of God
• An irresistible force, one that is unforeseen or inevitable
• Under Civil Code of the Philippines, no person shall be responsible
for those events which could not be foreseen or for which, though
foreseen, were inevitable, except in cases expressly specific by law.
• Under this doctrine, if a party is unable to perform its contractual
obligations due to a force majeure event, they may be excused
from liability or allowed to delay performance without breaching
the contract.
Examples: flood, earthquake, fire & accident, war, typhoon, etc.
DOCTRINE OF FORCE MAJEURE
“The thing speaks for itself”
DOCTRINE OF RES IPSA LOQUITOR
Let the master answer
• Master-servant rule
• Let the master answer for the acts of the subordinate
• The liability is expanded to include the liability from the employee
to the master
• In many circumstances all employer is responsible for the actions
of employees performed within the course of their employment
DOCTRINE OF RESPONDENT SUPERIOR
• Ignorance of the law excuses no one
IGNORANTIA JURIS NON EXCUSAT/IGNORANCIA LEGIS NON
• The law may be harsh, but it is still the law
DURA LEX SED LEX
• Nullum crimen, nulla poena sine lege
• No crime, if there’s no law punishing it
LEGAL MAXIM
Stages of crime
consumated
frustrated
attempted
- All elements executed with successful result
CONSUMATED
- All elements executed without successful result
FRUSTRATED
- Not all elements executed, no successful result
ATTEMPTED
- The crime was performed with deliberate intent
Through DOLO (deceit)
- the crime was resulted from lack of knowledge and skills,
negligence or lack of foresight. - when the wrongful act results from imprudence, negligence,
lack of foresight, or lack of skill.
Through CULPA (fault)
A joint agreement of two or more persons
- The act of one is the act of all
conspiracy
PERSONS INVOLVED IN A CONSPIRACY
Principal
Accessories
accomplices
- Chief actor/ mastermind
- Those persons who do or perform the act
- Direct participation, induction and indispensable
PRINCIPAL
- Those persons who assist or participate in the commission
of a crime - May assist or encourage the principal offender with the
intent to have the crime committed.
ACCESSORIES
- Those persons who not take a direct part in the execution
of the act, induce or cooperate - Absent in place when it was committed
ACCOMPLICES
Crimes against person
murder
homicide
parricide
patricide
matricide
infanticide
- the unlawful killing of a human being with the
intention to kill
MURDER
- The killing of a human being to another
- Crime by a person who kills another person other than
his father, mother or child.
HOMICIDE
- the act of killing one’s parent or another close family member, such as a
grandparent or sibling.
PARRICIDE
-the act of killing one’s own father.
PATRICIDE
- The act of killing one’s own mother.
MATRICIDE
- killing of a child less than 3 days of age
INFANTICIDE
Crimes against personal liberty and security
kidnapping
illegal detention
trespasing
- Forcible abduction of another or carrying away of a
person against often involving an element of coercion, threat
KIDNAPPING
- Detaining a person without a warrant
ILLEGAL DETENTION
- Entering another personal house or property without a
warrant
TRESPASSING
Crimes against public moral
illegal gambling
indecent exposure
prostitution
- playing for money
ILLEGAL GAMBLING
- intentional exposure of one’s private parts in public
INDECENT EXPOSURE
- A crime committed by a woman to engage a sexual
intercourse
PROSTITUTION
crimes against property
robbery
arson
sabotage
- Unlawful taking of another person’s property.
ROBBERY
- Intentional burning of another person’s house.
ARSON
- Intentional damage to the property of the
employer by the employee.
SABOTAGE
crimes against chastity
rape
adultery
concubinage
- Forcible sexual intercourse with a woman without her
consent.
RAPE
- Sexual intercourse of a married woman with a man other
than her husband
ADULTERY
- Cohabitation of a married man with a woman other than
his wife.
CONCUBINAGE
crimes against civil status of a person
simulation of birth
substitution of one child to another
bigamy
- Crime committed by one who enters in a birth certificate,
a birth that did not occur
SIMULATION OF BIRTH
- Replacing one child with another
SUBSTITUTION OF ONE CHILD TO ANOTHER
- Contracting a second marriage when already legally married to anothe
BIGAMY
crimes against public interest
forgery
perjury
- altering a written document for deceit
FORGERY
- telling a lie under oath
PERJURY
- from 1 day to 30 day
Arresto Menor
- from 1 month and 1 day to 6 month
Arresto Major
- from 6 month and 1 day to 6 years
Prison Correctional
- from 6 years and 1 day to 12 years
Prison Major
- from 12 years and day to 20 years
Reclusion Temporal
- lifetime imprisonment (no
bail recommended)
Death Penalty
Reclusion Perpetua
