Defense of relatives, A11(2) Revised Penal Code
Defense of relatives – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was defending a relative.
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Self-defense, A11(1) Revised Penal Code
1. Concept Self-defense – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who acted in self-defending. Read more: Justifying circumstances a. Legal basis Article 11. Justifying circumstances. – The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or…
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Kidnapping and failure to return a minor, A270 Revised Penal Code
Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or guardians after being entrusted custody. 1. Concept Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or…
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Unlawful Arrest, A69 Revised Penal Code
Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. 1. Concept Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. The…
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Arson: Destructive (A320 RPC), Simple (PD 1613)
Arson refers to the malicious burning of property by means of fire. 1. Concept Arson – is the malicious burning of property. (People v. Soriano, G.R. No. 142565, July 29, 2003, Per Bellosillo, J.) Arson – is defined as the malicious destruction of property by fire. (People v. Acosta, G.R. No. 126351, February 18, 2000)…
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Malicious mischief, A327-A331 Revised Penal Code
Malicious mischief refers to the offense of deliberately causing damage to another’s property for mere sake of doing so and such act does not constitute arson or other crimes involving damage to property. 1. Concept Malicious mischief – is the crime committed by a person who shall deliberately cause to the property of another any…
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Removal, sale, pledge of mortgaged property, A319 Revised Penal Code
Removal of mortgaged property refers to the offense of knowingly removing personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or the latter’s executors, administrators or…
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Fraudulent insolvency, A314 Revised Penal Code
Fraudulent insolvency – refers to the offense of absconding with property to the prejudice of creditors. 1. Concept Fraudulent insolvency – refers to the offense of absconding with property to the prejudice of creditors. a. Legal basis Article 314. Fraudulent insolvency. – Any person who shall abscond with his property to the prejudice of his…
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Altering boundaries or landmarks, A313 Revised Penal Code
Altering boundaries or landmarks – refers to the offense of altering boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof. 1. Concept Altering boundaries or landmarks – refers to the offense of altering boundary marks or monuments of towns, provinces, or estates, or any other…
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Occupation of real property or usurpation of real rights, A312 Revised Penal Code
Occupation or usurpation of real property/rights –refers to the offense of unlawfully taking possession of any real property or usurping any real rights belonging to another person, by eans of violence against or intimidation of persons. 1. Concept Occupation or usurpation of real property/rights –refers to the offense of unlawfully taking possession of any real…
