問題一覧
1
What are crimes against national security
1. TREASON (Art. 114 ) 2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON . (Art. 115) 3.MISPRISION OF TREASON . (Art. 116) 4. ESPIONAGE. (Art. 117
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What are crimes againts the law of nation
1. Inciting to war or giving motives for reprisals. (Art. 118) 2. Violation of neutrality. (Art. 119) 3. Correspondence with hostile country. (Art. 120) 4. Flight to enemy's country. (Art. 121) 5. Piracy in general and mutiny on the high seas or in Philippine waters. (Art. 122)
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a breach of allegiance to a government, committed by a person who owes allegiance to it.
TREASON
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It is meant the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.
ALLEGIANCE
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Two ways or modes of committing treason:
1. By levying war against the Government. 2. By adhering to the enemies of the Philippines, giving them aid or comfort
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means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor's country.
AID OR COMFORT
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The overt act of aid and comfort to the enemy must be intentional, as distinguished from merely negligent or undesigned ones.
NO TREASON THRU NEGLIGENCE
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✓Treason by Filipino citizen can be committed outside of the Philippines. ✓Treason by an alien must be committed in the Philippines.
TRUE
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It is is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence.
TWO-WITNESS RULE
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It is committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it
CONSPIRACY TO COMMIT TREASON
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It is committed when in time of war a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons.
PROPOSAL TO COMMIT TREASON
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The two-witness rule does not apply to conspiracy or proposal to commit treason.
TRUE
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Every person owing allegiance to the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, who conceals or does not disclose and make known the same.
MISPRISION OF TREASON ART 116
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is 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 any foreign nation.
ESPIONAGE ART.116
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What are the crimes classified as provoking war and disloyalty in case of war?
1. Inciting to war or giving motives for reprisals. 2. Violation of neutrality. 3. Correspondence with hostile country. 4. Flight to enemy's coutry
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The crime of inciting to war or giving motives for reprisals is committed in time of PEACE.
TRUE Art. 118. Inciting to war or giving motives for reprisals.
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A nation or power which takes no part in a contest of arms going on between others is referred to as neutral.
NEUTRALITY
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is communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.
CORRESPONDENCE
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It means any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign government.
HIGH SEAS
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It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.
PIRACY
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It is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander.
MUTINY
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Three crimes againts public order
REBELLION SEDITION DISLOYALTY
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Distinguish piracy from mutiny
In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessels; while in mutiny, they are members of the crew or passengers. While the intent to gain is essential in the crime of piracy, in mutiny, the offenders may only intend to ignore the ship's officers or they may be prompted by a desire to commit plunder.
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Piracy or mutiny is, therefore, QUALIFIED PIRACY if any of the following circumstances is present:
1. Whenever they have seized a vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victims without means of saving themselves; or 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
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used for transport of passengers and cargo from one place to another through Philippine waters.
VESSELS
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Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice.
TRUE
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What are the crimes against the fundamental laws of the State
1. Arbitrary detention. (Art. 124) 2. Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125) 3. Delaying release. (Art. 126) 4. Expulsion. (Art. 127) 5. Violation of domicile. (Art. 128) 6. Search warrants maliciously obtained and abuse in the serviceof those legally obtained. (Art. 129) 7. Searching domicile without witnesses. (Art. 130) 8. Prohibition, interruption, and dissolution of peaceful meetings. (Art. 131) 9. Interruption of religious worship. (Art. 132) 10. Offending the religious feelings. (Art. 133)
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defined as the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty.
DETENTION
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Delay in the delivery of detained person: That he fails to deliver such person to the proper judicial authorities within:
a.LIGHT PENALTIES—12HOURS b.CORRECTIONAL PENALTIES-18 HOURS c.AFFLICTIVE OR PENALTIES-36HOURS
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It is such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper.
PROBABLE CAUSE
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What are the crimes against religious worship?
They are: 1. Interruption of religious worship. (Art. 132) 2. Offending the religious feelings. (Art. 133)
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What are the crimes against public order?
1. Rebellion or insurrection. (Art. 134) 2. Coup d'etat. (Art. 134-A) 5. Inciting to rebellion. (Art. 138) 6. Sedition. (Art. 139) 7. Conspiracy to commit sedition. (Art. 141) 8. Inciting to sedition. (Art. 142) 12. Illegal assemblies. (Art. 146) 13. Illegal associations. (Art. 147) 14. Direct assaults. (Art. 148) 15. Indirect assaults. (Art. 149)
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Rebellion vs.Insurrection
The term "rebellion" is more frequently used where the object of the movement is completely to overthrow and supersede the existing government; while the term "insurrection" is more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.
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The crime of coup d'etat may be committed with or without civilian participation
TRUE
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is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation.
COUP D'ETAT
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Who are liable for rebellion, insurrection and/or coup d'etat?
a.THE LEADERS b.THE PARTICIPANTS
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when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it.
CONSPIRACY TO COMMIT REBELLION
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when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons.
PROPOSAL TO COMMIT REBELLION
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is the raising of commotions or disturbances in the State.
SEDITION
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SEDITION VS. TREASON
Treason, in its more general sense, is the "violation by a subject of his allegiance to his sovereign or liege, lord, or to the supreme authority of the State." Sedition, in its more general sense, is "the raising of commotions or disturbances in the State.
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means low, vulgar, mean or foul.
SCURRILOUS
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What are the crimes against popular representation?
They are: 1. Acts tending to prevent the meeting of the National Assembly and similar bodies. (Art. 143) 2. Disturbance of proceedings. (Art. 144) 3. Violation on parliamentary immunity. (Art. 145)
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Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in denning the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.
DIRECT ASSAULT
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Two ways of committing the crime of direct assaults :
1.Without public uprising, by employing force or intimidation 2.Without public uprising, by attacking, by employing force,
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Examples of agents of person in authority.
1.POLICEMAN 2.MUNICIPAL TREASURER 3.SHERIFF 4.BARANGAY CHIEF TANOD
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Direct assault is qualified-
. When the assault is committed with a weapon; or 2. When the offender is a public officer or employee; or 3. When the offender lays hands upon a person in authority.
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offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent
INDIRECT ASSAULT
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What are the crimes classified under public disorders?
1. Tumults and other disturbances of public order. (Art. 153) 2. Unlawful use of means of publication and unlawful utterances. (Art. 154) 3. Alarms and scandals. (Art. 155) 4. Delivering prisoners from jails. (Art. 156)
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includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc., designed to annoy and insult.
CHARIVARI
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means to take off part of the metal either by filing it or substituting it for another metal of inferior quality
MUTILATION
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other name which a person publicly applies to himself without authority of law.
FICTITIOUS NAME
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What are the crimes against public morals?
They are: (1) Gambling. (Art. 195) (2) Importation, sale and possession of lottery tickets or advertisements. (Art. 196) (3) Betting in sport contests. (Art. 197) (4) Illegal betting on horse races. (Art. 198) (5) Illegal cockfighting. (Art. 199) (6) Grave scandal. (Art. 200) (7) Immoral doctrines, obscene publications and exhibitions. (Art. 201) (8) Vagrancy and prostitution. (Art. 202)
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the improper performance of some act which might lawfully be done.
MISFEASANCE
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the performance of some act which ought not to be done.
MALFEASANCE
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the omission of some act which ought to be performed.
NONFEASANCE
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The object for which the gifts is received or promised is to make the public officer refrain from doing something which it is his official duty to do.
DIRECT BRIBERY
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upon any public officer who shall accept gifts offered to him by reason of his office .
INDIRECT BRIBERY
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That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present.
QUALIFIED BRIBERY
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INDIRECT BRIBERY VS. DIRECT
2.While in direct bribery there is an agreement between the public officer and the giver of the gift or present, in indirect bribery, usually, no such agreement exists. 3. In direct bribery, the offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise; in indirect bribery, it is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office
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any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative of value are at stake or made.
GAMBLING
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functions or to perform public duties must be
a. by direct provision of the law, or b. by popular election, or c. by appointment by competent authority
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What are the crimes under infidelity in the custody of prisoners?
They are: 1. Conniving with or consenting to evasion. (Art. 223) 2. Evasion through negligence. (Art. 224) 3. Escape of prisoner under the custody of a person not a public officer. (Art. 225
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4 Links
1.SEIZURE AND MARKINGS 2.CUSTODY AND CONTROL 3.HANDLING AND SAFEKEEPING 4.PRESENTATION IN COURT