Inciting to War or Giving Motives to Reprisals

Elements:
1. The offender performs an unlawful or unauthorized acts.
2. That such acts as:
a. Provoke or give occasion for a war involving or liable to involve the Philippines.
b. Expose Filipino citizens to reprisals on their persons and property.

Reprisal
The act or practice in international law of resorting to force short of war in retaliation for damage or loss suffered.

Violation of Neutrality
Elements:
1. There is a war which the Philippines is not involved.
2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality.
3. The offender violates such regulation.

Correspondence with Hostile Country
Elements:
1. Made in time of war which the Philippines is involved.
2. Offender makes correspondence with:
a. Enemy country
b. Territory occupied by enemy troops.
3. Correspondence is either:
a. Prohibited by the government.
b. Carried on ciphers or conventional signs.
c. Contains information which might be useful to enemy.

Comments

Offenses While on a Philippine Ship or Airship

Requisites: 1. Crime is committed on board a private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code applies when such Philippine vessel is found within: 1. Philippine waters; or 2. The high seas. Foreign Merchant Vessels 1. The French Rule General Rule: Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country. Exception: If the commission affects the peace and security of the territory or when the safety of the state is endangered. 2. English Rule General Rule: Crimes committed aboard a vessel within the territor...

Complex Crimes and Special Complex Crimes

What is a Complex Crime? Under Article 48 of the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime A single act constitutes two or more grave or less grave felonies. Requisites: 1. Only a single act is performed; and 2. Single act produces: a. Two or more grave felonies; b. One or more grave and one or more less grave felonies; or c. Two or more less grave felonies. II. Complex Crime Proper An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...

RULES ON ACCESSION (BUILDERS/PLANTERS/SOWERS)

In the Civil Code of the Philippines or Republic Act No. 386, there are provisions which govern the laws on property, this chapter discusses about ACCESSION which contains the provision of Builder/Planter/Sower (Article 440 to Article 475). In Accession (Article 440) , it states that, “The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.” Also, in Article 445 , “Whatever is built, planted or sown on the land of another, and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.”. Article 446 states that, “All works, sowing, and planting are presumed made by the owner and at his expense , unless the contrary is proved .” Article 441. To the owner belongs: (1) The natural fruits - Natural fruits are the spontaneous products of the soil, and the young and other products of animals. ...

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