Callanta Criminal Law 1 Notes – Download as Word Doc .doc), PDF File .pdf), Text File .txt) or read online. Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA. December 5, CRIMINAL LAW Reviewer · December 5, Callanta Notes Criminal Law 2 Reviewer Elements and Notes in Criminal Law Book II by RENE CALLANTA and ORTEGA TITLE ONE.
|Published (Last):||6 August 2005|
|PDF File Size:||18.89 Mb|
|ePub File Size:||7.54 Mb|
|Price:||Free* [*Free Regsitration Required]|
If there is illegally possessed or carried firearm, other special laws will apply. Rather, disobedience or resistance is to the orders directly issued by the authorities in exercise of their official duties.
This is because the municipal treasurer has no authority to detain callantq person although he is a public officer. The passengers have yet to board the aircraft. The offenders shall be considered as pirates and punished as hereinafter provided. The article also punishes any person who knowingly publishes official acts or documents which are not officially promulgated. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.
If the public officer is a participant of the assembly and he prohibits, interrupts, or dissolves the same, Article is violated if the same is conducted in a public place.
The intention of Presidential Decree No. Article has no application to search and seizure made on moving vehicles because the application of this law is limited to dwelling and personal properties such as papers and effects found therein.
Notse in the Phil. That such disobedience is not of a serious nature. Thus, our tax laws continued in force during the Japanese occupation. That the offender disobeys such agent of a person in authority. Distinctions between prohibition, interruption, or dissolution of peaceful meetings under Articleand tumults and other disturbances, under Article 1 As to the participation of the public officer In Articlethe public officer is not a participant.
It is not necessary that the coin be of legal tender. Even totally false documents may be falsified.
Garlitos [8 SCRA ] re: If the unlawful act was murder or homicide committed under circumstance of lawlessness or contempt of authority, the crime would be direct assault with murder or homicide, as the case may be.
Causing any disturbance or scandal in public places while intoxicated or otherwise, callznta the act is not covered by Art tumult. Legal obligation means that there is a law requiring the disclosure of the truth of the facts ccallanta. Police Power — Limited to the cost of regulation Eminent Domain — There is no imposition; rather, it is the owner of the property taken who is just paid compensation.
Not in Government Service Anyone who participates or in an manner, supports, finances, abets, aids in caloanta coup. The policeman made a pass at the daughter.
The people playing cara y cruz, before they throw the coin in the air would rub the money to motes sidewalk thereby diminishing the notws value of the callant. Article is, therefore, quite broad. That he is serving his sentence which consists in deprivation of liberty destierro included c.
That he violated any of the conditions of such pardon. The occupant resisted but the public officer insisted on the search. Impost or toll, Legality of any noyes imposed in relation thereto. The acts of the accused who is not a member of the Hukbalahap organization of sending cigarettes and food supplies to a Huk leader; the changing of dollars into pesos for a top level communist; and the helping of Huks in opening accounts with the bank of which he was an official, do not constitute Rebellion.
The anti hi-jacking law is applicable in this case. But if the offender is not the custodian of the prisoner at that timeeven though he is a public officer, the crime he committed is delivering prisoners from jail. Forging treasury or bank notes or other documents payable to bearer, importing and uttering of such false or forged notes and documents Art.
No criminal intent Attack from the inside. Public officers found a traffic violation receipts from a certain person. A person has a twenty-peso bill. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file. That the offender does not take a direct part in the crime of sedition b.
Submission of affidavit during trial, even if assisted by counsel is not enough. Uttering seditious words or speeches which tend to disturb the ontes peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace c.
The purpose of the law is to punish the spreading of false information which tends to cause panic, confusion, distrust and divide people in their loyalty to the duly constituted authorities. Exemption is allowed only if there is a clear provision therefor. The grant of tax exemptions is the exclusive prerogative of the Congress.
caklanta The falsification must be committed on a genuine, true and authentic legislative document. That the offenders are not members of its complement or passengers of the vessel c.
If Maria is a sentenced prisoner, she will be liable for evasion of service of sentence under Article The two elements must concur. Construction by an executive branch of the government of a particular law, although not binding upon courts, must be given weight as the construction came from the branch of the government which is called upon to implement the law. The attack or employment of force which gives rise to the crime of direct assault must be serious and deliberate; otherwise, even a case of simple resistance to an arrest, which always requires the use of force of some kind, would constitute direct assault and the lesser offense of resistance or disobedience in Article would entirely disappear.