All I Know About Law

Art. 2. Application of its provisions . — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin currency note of the Philippines Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these Islands of obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in the Title One of Book Two of this Code. In what cases are the provisions of the RPC...

                                          Order Revised Penal Code Codal Book   ORDER NOW   TWO WAYS RAPE IS COMMITTED Under Article 266 of the Revised Penal Code (RPC), there are two ways by which the crime of rape may be committed:   Rape by sexual intercourse as defined by Article 266-A, it is committed by a man who shall have carnal knowledge with a woman under a certain set of circumstances enumerated in the provision. When a person is found guilty of rape by sexual intercourse, the perpetrator is ordinarily punished by reclusion perpetua. Rape by sexual assault as defined by Article 266-B, on the other hand, is committed by any person who, under the same set of circumstances in Article 266-A, inserts his penis into another person's mouth or anal orifice, or any ...

Piracy      It is robbery or forcible depredation on the high seas without lawful authority and done with intent to steal and in the spirit and intention of universal hostility. Piracy is triable everywhere. Ways of Committing Piracy 1. By attacking or seizing a vessel on the high seas of the Philippine waters. 2. By seizing the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Mutiny      It is the unlawful resistance to a superior, or the raising of commotions and disturbance on board the ship against the authority of its commander.             PIRACY                                                                          ...

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...

     The offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of a foreign nation. Two Ways of Committing Espionage 1. By entering, without authority a warship, fort or military base or naval establishment or reservation to obtain any information, plans, photographs or other data of confidential nature relative to the defense of the Philippines. 2. By disclosing to the representatives of a foreign nation the contents of the article, data or information referred to in the preceding paragraph, which he had in his possession by reason of public office he holds.

     It is a breach of allegiance to a government,  committed by a person who owes allegiance to it. Elements of Treason 1. The offender owes allegiance to the Republic of the Philippines 2. There is war in which the Philippines is involved. 3. The offender either:      a. Levies war against the government.           i. With intent to overthrow the government.           ii. In collaboration with a foreign country.      b. Adheres to the enemy country by giving them aid or comfort. Ways of Proving Treason 1. Testimony of two witnesses, at least, to the same overt act. 2. Confession of guilt by the accused in open court. Circumstances Inherent in Treason 1. Evident premeditation 2. Abuse of superior strength 3. Treachery Circumstances Aggravating in Treason 1. Ignominy 2. Cruelty 3. Amount or degree of aid 4. Gravity of separate distinct ac...

General Rule:      Every person criminally liable for a felony  is also civilly  liable. Exceptions: 1. Victimless crimes 2. Flight to enemy country Effect of Acquittal       Extinction of penal action does not carry with it extinction of civil liabilities, unless the extinction proceeds from a declaration in final judgement that the fact frim which the civil liability might arise did not exist. (ex: Avoidance of greater evil or injury) Effect of the Dismissal of a Case      The dismissal of the information of the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense because such dismissal or extinction of the penal action does not carry with it the extinction of the civil action. Obligation to Satisfy Civil Liability      The offender shall continue to be obliged to satisfy the civil liability resultin...

            Penalties                                                                        Prescriptive Period Death and Reclusion Perpetua                                                          20 years Other Afflictive Penalties                                                                 15 years Correctional Penalties                                        ...

     It is an act of the sovereign power granting oblivion or general pardon for a past offense and is rarely, if ever exercised, in favor of a single individual and is usually extended in behalf of a certain classes of persons who are subject to trial who have not yet been convicted.      According to Section 19, Article VII of the Constitution, the President has the power to grant amnesty with the concurrence of the majority of all the members of the Congress. This is on top of related Presidential powers such as granting reprieves, commutations, and pardons, and remitting fines and forfeitures after the conviction by final judgement.

     Criminal liability may be extinguished by: 1. Death of convict. 2. Service of sentence. 3. Absolute pardon. 4. Prescription of crime 5. Prescription of penalty 6. Amnesty 7. Marriage in cases of:      a. Seduction      b. Acts of lasciviousness      c. Abduction      d. Rape Effects of Death of the Accused Pending Appeal of his Conviction      General Rule:      The death  of the accused pending the appeal of his conviction extinguishes his criminal liability as well as his civil liability based solely on the offense committed.      Exception:      Civil liability arising from sources other than the crime committed survives and may be pursued in a separate civil action. Sources of civil liability other than crime are:      a. Law      b. Contracts      c. Quas...

What is a Child  in Conflict with the Law?      It refers to a child who is alleged as accused of, or adjudged as, having committed an offense under Philippine Laws. Juvenile Justice and Welfare System      This refers to the system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and after care to ensure their normal growth and development. Minimum Age of Criminal Responsibility; Exemption from Criminal Liability 1. A child 15 years of age  or under at the time of the offense shall be exempt from criminal liability. However, the child shall be subject to an intervention program. 2. A child above 15 years of age but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. 3. It does not include exemption from civil liability...

     It is a disposition under which a defendant after conviction  and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer.      Probation is not an absolute right. Is is a mere privilege whose grant rest upon the discretion of the trial court. Its grant is subject to certain terms and conditions that may be imposed by the trial court. Three Folds Purpose of Probation 1. Correction and rehabilitation. 2. To provide an opportunity for the reformation of the offender. 3. Prevent commission of offense. Effects of Filing and Grant or Denial of the Application of Probation 1. It operated as a waiver of the right to appeal. 2. The order granting or denying probation shall not be appealable. 3. Accessory penalties are deemed suspended once probation is granted. 4. Probation has absolutely np bearing on civil  liabilities. Probation shall be denied if the court finds that: 1. The ...

1. Death      a. Perpetual absolute disqualification.      b. Civil interdiction during 30 years, if not expressly remitted  in the pardon. 2. Reclusion Perpetua and Reclusion Temporal      a. Civil  interdiction for life or during the sentence.      b. Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty. 3. Prision Mayor      a. Temporary absolute disqualification.      b. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty. 4. Prision Correctional      a. Suspension from public office, profession or calling.      b. Perpetual special disqualification from suffrage, if the duration of  the imprisonment exceeds 18 months, unless expressly remitted in the pardon of the principal penalty. 5. Arresto       Susp...

                                              Consumated                Frustrated              Attempted 1. Principal                                    0                                 1                             2 2. Accomplice                               1                                 2                          ...

     A  subsidiary personal liability to be suffered by the convict who has no property with which to meet  the fine. New Basis for daily computation of Subsidiary Penalty      He shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate  prevailing in the Philippines at the time of the rendition of judgement of conviction by the trial court.      Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine and not as a matter of choice on his part by opting to go to jail instead of paying. No Subsidiary Penalty shall be imposed where: 1. Penalty is higher that Prision Correctional or 6 years. 2. Additional penalty for habitual delinquency. 3. Non-payment of reparation of indemnification. 4. Penalty imposed is fine and another without fixed duration. 5. Non-payment of costs. 6. Non-p...

     It is applicable in case the property of the offender should not be sufficient for the payment of all  his pecuniary liabilities. The same shall be met in the following order: 1. Reparation of the damage caused. 2. Indemnification of the consequential damages. 3. Fine 4. Costs of proceedings.

     It is a sentence with a maximum term and a minimum term, which the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment exceeds 1 year.      It applies to both violations of the Revised Penal Code and Special Law. Purpose of ISLAW      Its purpose is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. Maximum and Minimum Term of ISLAW 1. No aggravating and mitigating circumstances - impose the penalty prescribed by law. 2. Only aggravating circumstances - impose the maximum period. 3. Only mitigating circumstances - impose the minimum period. 4. Both mitigating and aggravating circumstances are present - Offset. 5. Two or more mitigating circumstances and there is no aggravating circumstances - impose the penalty next lower to what is prescribed by law.

     It is a law on service of sentence which provides that the maximum duration of the convict's sentence shall not be more than three-folds the length of the time corresponding to the most severe  of the penalties imposed upon him. (Most severe times three)      The maximum period cannot exceed forty years and can only be applied if the convict is to serve four or more sentences successively. If an indeterminate sentence is imposed, the basis of the three-folds rule is the maximum.

    What is PARDON?           It is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. Effects of Pardon 1. A pardon shall not restore the right to hold office or the right to suffrage.      Exception: Such rights are expressly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of the civil lability. Limitations  of the Pardoning Power 1. The power can be exercised only after conviction by the final judgement. 2. Such power does not extend to cases of impeachment. 3. No pardon, Amnesty, Parole or Suspension of sentence for violation of election laws, rules and regulations shall be granted by the president without the favorable recommendation of  the COMELEC.

    Penalty is the suffering that is inflicted by the State for  the transgression of law. Three Folds Purpose of Penalty under RPC: 1. Retribution or expiatation 2. Correction or reformation 3. Social defense Penalties that may be imposed and retroactive effect of penal laws      No felony shall be punished by any penalty not prescribed by law prior to its commission. Retroactive Effect      General Rule:      Penal laws are applied Prospectively       Exception:       When prospective application is favorable to the accused, provided that: 1. The offender is not a habitual delinquent; 2. The new or amendatory law does not provide against its retrospective application. No Retroactive Effect even when Favorable to the Accused      If the new law is expressly made inapplicable to pending actions or existing causes of actions. Classifications of Penalties ...