PRINCIPLES IN CRIMINAL LAW

JACA PRINCIPLE Pertains to Conspiracy of silence or

inaction. Public Officer’s omission to
question irregularities indicate a common
understanding and concurrence of
sentiments respecting the commission of
the offense.

IMPUTABILITY DOCTRINE The act of an offender is imputable to his

co-conspirator-although they are not
similarly situated in relation to the subject
of the crime.
SINGLE LACERNY RULE The taking of several things, whether
belonging to the same or different owners
at the same time and place. (several
counts one crime)

FORKNOWLEDGE PRINCIPLE If the accused committed the firs criminal

act without foreknowledge that he will
commit the second, the acts could not be
said to have been committed under a
single criminal intent or impulse.

JARANILLA PRINCIPLE In order to convict an accused of

SPECIAL COMOLEX CRIME OF
ROBBERY WITH HOMICIDE , it is
important that at the time of the killing, the
robbery has been fully consummated and
the taking of the properties was not
committed by means of violence or
intimidation.
QUEMEGGEN PRINCIPLE Direct connection
By reason or on the occasion thereof.
COMMON ELEMENT DOCTRINE An element used to complete one crime
cannot be legally re-used to complete the
requisites of a subsequent crime.
DOCTRINE OF ABSORPTION One crime absorbs another if the latter is
inherent in, an element of, or necessary
means to commit another.
CANTURIA PRINCIPLE Lack of awareness is a defense in the
commission of a crime applicable to rape,
kidnapping with homicide and robbery with
arson.
DOCTRINE OF RATIONAL Plea of self-defense would prosper if there is
EQUIVALENCE a rational equivalence between the means of
 attack by the unlawful aggressor and the
means of defense by the accused that would
characterize the defense as reasonable

The consideration is not only in the nature

and quality of the weapons used but also of
the totality of the circumstances surrounding
the defense vis-à-vis, the unlawful
aggression.

CLASSIFICATIONS OF CRIME
DELITO CONTINUADO (Continued or Is a single crime produced by acts
continues crime) performed separately during a period of
time under a single criminal intent in
violation of a single penal provision

The purpose is to treat several acts

committed as a single criminal impulse in
violation of a single penal provision as
ONE CRIME.
CONTINUING CRIME Is one which is consummated in one
place but by reason of nature of the
offense, the violation of the law is
deemed continuing.

The purpose is to determine the proper

venue, validity of arrest and the
commencement of the running of
prescription.

Concurrence of jurisdictions

Rebellion is a continuing crime – he may

be arrested at any time, with or without
warrant, as he is deemed to be in the act
of committing the offense at any time of
the day or night.
SPECIAL COMPLEX CRIME or Is composed of 2 or more crimes for
COMPOSITE CRIME which the law fixes one specific penalty. It
is also called special indivisible crime.
 Could not be divided and treated
separately.

Original design is material element.

Special complex crime of rape with

homicide.

Direct connection- killing is incidental to

rape

Robbery with homicide – killing is

incidental to robbery
COMPLEX CRIME
2 kinds

COMPOUND CRIME When single act constitutes two or more

GRAVE OR LESS GRAVE FELONIES

COMPLEX CRIME PROPER When an offence is A NECESSARY

MEANS FOR COMMITTING THE
OTHER

Underlying philiosophy of Complex

Crime:

Pro Reo principle – intended to favor the

accused by imposing a single penalty
irrespective of the crimes committed.

Designed to punish the accused by

applying the penalty for the most serious
component in its maximum period,
because technically he committed 2
crimes

Indispensable means (necessary means)

to commit another crime, is an element of
and absorbed by the latter.
COMPOUND CRIME Composed of 2 or more GRAVE or LESS
grave felonies produced by a single act.

Single Intent
 Single purpose

Multiple Murders The single act of rolling the the hand

grenade on the floor of the gymnasium,
which resulted in the death of the victims,
constituted a compound crime of multiple
murders.

When the killing is perpetrated with

treachery and by means of explosives,
the latter shall be considered as a
qualifying circumstance.

Single act of running over the victims a

van constitutes compound crime of
multiple murders
Multiple Homicides Single act of pressing the trigger (no
intent to kill)
SPECIAL COMPLEX CRIME The composition of the offenses is fixed
by law.

The penalty for the specified combination

of crimes is specific.

Light felony accompanies the SCC-

absorbed.

2 or more crimes where the law

prescribes single penalty. The purpose is
the SINGULARITY of the penalty
although there is more than one crime
committed.

Robbery with rape is a SCC although

rape is not necessary means to commit
robbery
COMPLEX OR COMPOUND CRIME Combination of offenses is not specified
but generalized (grave of less grave) or
one offense being necessary means to
commit the other.

Penalty for the most serious is to be

imposed in the maximum period.

Light felony- may be subject of a separate

information.

2 or more grave or less grave produced

by a single act