What is the effect of Republic Act 10158?
“Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correctional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the …
What is Article 249 in the Philippines?
“Art. 249. Homicide. – Any person who, not falling within the provisions of Article 246, shall kill another, without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.”
What is Article 21 of the Revised Penal Code?
ARTICLE 21. Penalties that May Be Imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission.
What is Article 125 of the Revised Penal Code?
The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for detention of any person. Art. 125.
What is RA 3019 all about?
— It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.
What is grave scandal?
GRAVE SCANDAL – consists of acts which are offensive to decency and good customs which, having committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
What is Article 172 of the Revised Penal Code?
The crime of falsification described and punished in article 172 of the Revised Penal Code is committed by a private individual who does any of the falsifications described in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and by a person …
What is Article 315 of the Revised Penal Code?
The crime of Estafa or Swindling is punishable under Article 315 of the Revised Penal Code (“RPC”) and there are different forms of committing it. Estafa can be committed a) with unfaithfulness or abuse of confidence; b) by means of false pretenses or fraudulent acts; and c) through fraudulent means.
What is Article 2 of the Revised Penal Code?
– Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of …
What is dolo in law?
Dolo is a Spanish term which means deceit. There is deceit when an act is performed with deliberate intent. [2] Culpa is also a Spanish term which means fault. There is fault when a wrongful act results from negligence, imprudence, lack of skill or foresight. Here lies the confusion.
What is Article 318 Revised Penal Code?
318 provides: Article 318. Other Deceits. – The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.
What is RA 9745?
[REPUBLIC ACT NO. 9745] AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1.
What is the penalty for grave scandal?
ART. 200. The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.
Can a husband testify against the wife in an adultery case?
As a general rule, the husband can testify against the wife in an adultery case because while adultery is in one sense a public crime, it can only be prosecuted with a few exceptions on the complaint of the aggrieve party.
How long can police detain you without charge in Philippines?
Article 7 Section 18 of the Constitution provides for a maximum of three days’ detention of a suspect without any charges being filed on two conditions: (1) The writ of habeas corpus has been suspended. (2) The case is rebellion or invasion and public safety requires detention of the suspect.
Is dolo a crime?
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
What is arresto mayor?
Arresto Mayor- 1 month and 1 day to 6 months. 6. Arresto Menor- 1 day to 30 days. 7. Bond to keep the peace— The bond to keep the peace shall be required to cover such period of time as the court may determine.
What is Article 316 of the Revised Penal Code?
ART. 316. Other forms of swindling. — The penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed.