LAW 2 Flashcards

(32 cards)

1
Q

committed by any Filipino citizen or an alien residing in the Philippines who levies war against the Philippine Government or adheres to her enemies by giving them aid and comfort.

A

Treason

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2
Q

is committed by any Filipino citizen or an alien residing in the
Philippines who levies war against the Philippine Government or
adheres to her enemies by giving them aid and comfort.

A

Treason- art 114

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3
Q

meeting of two or more persons
who come to an agreement to commit treason and decide to commit it

A

CONSPIRACY TO COMMIT TREASON

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4
Q

a person has decided to commit
treason and proposes its execution to other person or persons.

A

PROPOSAL TO COMMIT TREASON

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5
Q

CONSPIRACY AND PROPOSAL TO COMMIT TREASON

A

ARTICLE 115

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6
Q

Every person owing allegiance to the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any
conspiracy against them, 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 which he resides, as the case may be shall
be punished as an accessory to the crime of treason.

A

ARTICLE 116 – MISPRISION OF TREASON

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7
Q

By entering, without authority therefor, a warship, fort, or naval
or military establishment or reservation to obtain any
information, plans, photographs or other data of a confidential
nature, relative to the defense of the Philippines

Or

By disclosing to the representative of a foreign nation the contents
of the articles, data or information referred to in paragraph No. 1 of
art. 117, which he had in his possession by reason of the public office he holds

A

ARTICLE 117 – ESPIONAGE

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8
Q

will arise the moment the offender divulges or discloses the data and information to a representative of a foreign nation

A

Espionage

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9
Q

That the offender performs unlawful or unauthorized acts by the
Philippine government.
2. That the said act provokes or gives occasion for a war involving or
liable to involve the Philippines or exposes Filipino citizens to
reprisals on their persons and property while they are in a foreign
country.
3. He is not legally authorized to do so.

A

ARTICLE 118 –INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS

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10
Q

ELEMENTS:
1. The crime is committed when there is a war but the Philippines is not
involved in the said war and;
2. The competent authority issued a regulation for the purpose of
enforcing neutrality among Filipino citizens and ;
3. The offender violates such regulation imposed.
• The violation will only arise if there is a proclamation or regulation imposing
neutrality and a Filipino citizen violates such declaration or regulation issued by a competent authority. Therefore, absence of such declaration of neutrality, the crime of violation of neutrality does not arise

A

ARTICLE 119 – VIOLATION OF NEUTRALITY

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11
Q
  1. That it is in time of war in which the Philippines is involved.
  2. That the offender makes correspondence with an enemy country or
    any territory occupied by enemy troops.
  3. That the correspondence is either—
    a.) Prohibited by the Philippine Government; or
    b.) Carried out in ciphers or conventional signs; or
    c.) Containing notice or information which might be useful to the
    enemy
A

ARTICLE 120 – CORRESPONDENCE WITH HOSTILE
COUNTRY

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12
Q
  1. That there is a war in which the Philippines is involved.
  2. That the offender must be owing allegiance to the Philippine
    Government
  3. That the offender attempts to flee or go to enemy’s country
  4. That going to the enemy country is prohibited by a competent
    authority
A

ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY

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13
Q

. 2. The vessel is on the high seas or on Philippine waters.
The offenders are not members of the complement or passengers of
the vessel.
3. The offenders either:
a. The offenders either attack or seize the vessel; or
b. The offenders either seize in whole or in part the cargo, the
equipment, or the personal belongings of the passengers or
members of the complemen

A

ARTICLE 122 – PIRACY

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14
Q
  1. That there is a war in which the Philippines is involved.
  2. That the offender must be owing allegiance to the Philippine
    Government
  3. That the offender attempts to flee or go to enemy’s country
  4. That going to the enemy country is prohibited by a competent
    authority
A

ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY

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15
Q

HOSTIS HUMANIS GENERIS

A

Enemy of all Mankind

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16
Q
  1. The vessel is either on the high seas or on Philippine waters;
  2. The offenders are members of the complement or passengers of the
    vessel
  3. The offenders raise a commotion or disturbance on the board the ship
    against the lawful command of the captain or the commander of the ship.
A

ARTICLE 122 – MUTINY

17
Q

there is no taking because in mutiny there is no intent to gain.
Mutiny is the rising of commotion, a resistance against the lawful command,
against the lawful authority of the commander or captain of the ship

18
Q

is committed by attacking or seizing the vessel or seizing in whole or in part the cargo, equipment or personal
belongings of the members of the complement or passengers of the
vessel IRRESPECTIVE of the value thereof, committed by means of force
and violence and committed by any person whether he may a member
of the complement or passenger of the vessel or strangers to the
vessel BUT the vessel is on Philippine waters.

A

Piracy PD 532

19
Q
  1. Whenever the offender have seized a vessel by boarding or firing
    upon the same; or
  2. Whenever the offenders have abandoned their victims without
    means of saving themselves; or
  3. Whenever the crime is accompanied by murder, homicide,
    physical injuries, or rape
A

ARTICLE 123 – QUALIFIED PIRACY

20
Q
  1. That the offender is a public officer or employee.
  2. That he detains a person
  3. That the detention is without legal ground.
A

ARTICLE 124 – ARBITRARY DETENTION BY DETAINING A
PERSON WITHOUT LEGAL GROUND

21
Q

committed by threatening another with the infliction
upon his person, honor, or property, or that of his family, any wrong
amounting to a crime and demanding or imposing any other condition even
though not unlawful

A

Grave threats

22
Q
  1. The offender here is a public officer or employees vested with
    authority to effect arrest and detain a person.
  2. That offender has detained a person for some legal ground
    ➢ The second element requires that the offender arrests
    and detains a person for some legal
    ground.
  3. That the offender failed to deliver the person arrested to the
    proper judicial authorities within 12, 18 or 36 hours
A

ARTICLE 125 – ARBITRARY DETENTION BY FAILING TO DELIVER THE
DETAINED PERSON TO THE PROPER JUDICIAL AUTHORITIES WITHIN 12, 18
OR 36 HOURS

23
Q

The law says that a public officer must deliver the person arrested
to proper judicial authority within:

A

a) 12 hours, for crimes punishable by light penalties, or their
equivalent
b) 18 hours, for crimes punishable by correctional
penalties, or their equivalent
c) 36 hours, for crimes punishable by afflictive or
capital penalties, or their equivalent

24
Q
  1. The offender is a public officer or employee
  2. That there is a judicial or executive order for the release of the
    prisoner or detention prisoner, or that there is a proceeding upon a
    petition for the liberation of such person.
  3. That the offender without good/valid reason delays:
    a. The service of the notice of such order to the prisoner; or
    b. The performance of such judicial or executive order for the
    release of the prisoner; or
    c. The proceeding upon a petition for the release of such
    person
A

ARTICLE 126 – ARBITRARY DETENTION BY DELAYING THE
RELEASE OF PRISONERS DESPITE THE JUDICIAL OR EXECUTIVE
ORDER TO DO SO

25
1. Offender is a public officer or employee 2. The public officer or employee acts either: a.) By expelling a person from the Philippines b.) By compelling a person to change his residence 3. Offender is not authorized to do so by law
ARTICLE 127 – EXPULSION
26
1. The offender is a public officer or employee 2. He was not authorized by a judicial order to enter the dwelling and/or make a search therein for papers or other effects 2. He was not authorized by a judicial order to enter the dwelling and/or make a search therein for papers or other effects The second element requires that entering upon the dwelling of another which is not authorized by a judicial order. The judicial order refers to a search warrant. 3. He either: a. Enters the dwelling of another against the will of the latter; or b. Searching for papers or other effects found therein without the consent of the owner; or c. After having surreptitiously entered the dwelling, being discovered and asked to leave, he refuses to leave
ARTICLE 128 – VIOLATION OF DOMICILE
27
I. By procuring a search warrant without just cause
ARTICLE 129 – SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
28
is an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and to bring to court the particular things to be seized.
Search warrant
29
1. Offender is a public officer or employee 2. He is armed with a search warrant legally procured 3. He searches the domicile, papers, or other belongings of any person 4. The owner or any member of his family or two witnesses residing in the same locality are not present
ARTICLE 130 – SEARCHING DOMICILE WITHOUT WITNESSES
30
1. 2. The offender is a public officer or employee The offender committed any of the following acts: a. By prohibiting or by interrupting, dissolving, without legal ground, the holding of a peaceful meeting, or by dissolving the same. b. By hindering any person from joining any lawful association or from attending any of its meetings. c. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances
ARTICLE 131 – PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS
31
1. This is committed by an offender who is again a public officer or employee. 2. Then there is a religious ceremony or manifestations of any religion that is about to take place or are going on. 3. That the offender prevents or disturbs the said religious worship or religious ceremony
ARTICLE 132 – INTERRUPTION OF RELIGIOUS WORSHIP
32
1. Committed by a public officer or employee or a private individual. 2. That the acts must be notoriously offensive to the feelings of the faithful. 3. The said offender performs acts: (1)in a place devoted to religious worship, or (2) during the celebration of any religious ceremony
ARTICLE 133 – OFFENDING THE RELIGIOUS FEELINGS