CALLANTA NOTES PDFJune 24, 2020
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.
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Thank you for interesting in our services. We are a non-profit group that run this website to share documents. We need your help to maintenance this website. Please help us to share our service with your friends. Notrs and proposal to commit treason Art.
Misprision of treason Art. Crimes against the law of nations 1. Inciting to war or giving motives for reprisals Art. Violation of neutrality Art. Corresponding with hostile country Art. Flight to enemy’s country Art. Piracy in general and mutiny on the high seas Art. The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction.
However, prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. This is one of the instances where the Revised Penal Code may be given extra-territorial application under Article 2 5 thereof. In the case of crimes against the law of nations, the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general.
That the offender owes allegiance to the Government of the Philippines nootes.
That there is a war in which the Philippines is involved c. That the offender either — 1 Levies war against the government, 1. What matters is the actual assembly of men and the execution of treasonable design by force. Treason cannot be proved by circumstantial evidence or by extrajudicial confession. X saw arms landed in La Union and loaded into a motor vehicle.
At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Confession of the accused in open court. Arraignment, pre-trial, trial — OK. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. If during arraignment he pleads guilty, court will ask if the accused understands is plea.
Submission of affidavit during trial, even if assisted by counsel is not enough. It is permanent or temporary depending on whether the person is a citizen or an alien. Acceptance of public office callatna discharge of official duties under the enemy does not callana per se the felony of treason exception: Serving in a puppet government notfs functions and in order to serve the populace is Botes treasonous.
But it is treason if: Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. Only Filipino citizens or permanent resident aliens can be held liable c. Financing arms procurement of enemy country.
But membership in the police force during the occupation is NOT treason. Giving information to, or commandeering foodstuffs for the enemy. When this adherence or sympathies are converted into aid and comfort, only then they take material forM. This material form is now notex is made punishable. It is usually manifested by the offender in giving information, commandeering foodstuffs, serving as spy and supplying the enemy with war materials.
Even after the war, offender can be prosecuted. Treason is acllanta continuing offense. It can be committed by a single act or by a series of acts. It can be committed in one single time or at different times and only one criminal intent. In construing the provisions relating to the commission of several acts, the same must be done in pursuance or furtherance of the act of treason. No matter how many acts of treason are committed by the offender, he will be liable for only one crime of treason.
No treason through negligence In the imposition of the penalty for the crime of treason, the court may disregard the presence calalnta mitigating and aggravating circumstances. It may consider only the number, nature and gravity of the acts established during the trial.
The imposition of the penalty rests largely on the exercise of judicial discretion. Defenses that may nnotes availed of by the accused.
Callanta Notes Criminal Law 2 Reviewer
Duress or uncontrollable fear of immediate death; and 2. Lawful obedience to a de facto government. BUT the offender does not commit the crime of treason complexed with common crimes because such crimes are inherent to treason, being an indispensable element of the same.
The manner in which both crimes are committed in the same. In treason however, the purpose of the offender is to deliver the government to the enemy country or to a foreign power. In rebellion, the purpose of the rebels is to substitute the government with their own form of government.
No foreign power is involved. Treason distinguished from Sedition. In treason, the offender repudiates his allegiance to the government by means of force or intimidation.
He does not recognize the supreme authority of the State. He violates his allegiance by fighting the forces of the duly constituted authorities. In sedition, the offender disagrees with certain policies of the State and seeks to disturb public peace by raising a commotion or public uprising.
In time of war b. If the other accepts, it is already conspiracy. While Treason as a crime should be established by the two-witness rule, the same is not observed when the crime committed conspiracy to commit treason or when it is only a proposal to commit treason. That the offender must be owing allegiance to the government, and not a foreigner b. That he has knowledge of any conspiracy to commit treason against the government c.
That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides While in treason, even aliens can commit said crime because of the amendment to the article, no such amendment was made in misprision of treason.
Misprision of treason is a crime that may be committed only by citizens of the Philippines.
In the imposition of the penalty, the court is not bound by the provisions of Article 63 and 64, referring to indivisible penalties. In the presence of mitigating and aggravating circumstances, the offender is punished two degrees lower than the penalty for the crime of treason. Whether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, they are required to report the same.
The reason is that although blood is thicker than water so to speak, when it comes to security of the state, blood relationship is always subservient to national security. Article 20 does not apply here because the notez found liable for this crime are not considered accessories; they are treated as principals.
Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any ntoes, plans, calllanta or other data of a confidential nature relative to the defense of the Philippines. That the offender enters any of the places mentioned therein 2. That he has no authority therefore; b. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines Under the first mode of committing espionage, the offender must have the intention to obtain information relative to the defense of the PHIL.
TAX REVIEWER GENERAL PRINCIPLES: BY: Rene Callanta | Patricia Largo –
It is sufficient that he entered the callxnta premises. Here, the offender is any private individual, whether an alien or a citizen of the Philippines, or a public officer.
Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of Articlewhich he had in his possession by reason of the public office holds ELEMENTS: That the offender is a public officer b.
That he has in his possession the articles, data or information referred to in par 1 of artby reason of the public office he holds c.
Taking advantage of his official position, he reveals or discloses the information which are confidential and are relevant to the defense of the Philippines. It is not conditioned on citizenship. What is important is that the information related is connected with the defense system of the Philippines.
Unlawfully obtaining or permitting to be obtained information affecting national defense; 2. Unlawful disclosing of information affecting national defense; 3. Disloyal acts or words in times of peace; 4. Disloyal acts or words in times of war; 5. Conspiracy to violate preceding sections; 6.
Harboring or concealing violators of law. Crimes against national security can be tried only in the Philippines, as there is a need to bring the offender here before he can be made to suffer the consequences of the law.
The acts against national security may be committed abroad and still be punishable under our law, but it can not be tried under foreign law.
That the offender performs unlawful or unauthorized acts b. X burns Chinese flag. If China bans the dallanta of Filipinos into China, that is already reprisal.