1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by…
1. Concept Criminal liability – may be incurred in two ways, via a felony or through an impossible crime. a. Legal basis Article 4. Criminal liability. – Criminal liability shall be incurred: 1. By any person committing a felony (delicto) although the wrongful act done be different from that which he intended. 2. By any…
1. Concept The application of the Revised Penal Code – refers to its to the scope and extent of its enforceability, whether inside or outside of the Philippines. a. Legal basis Article 2. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the provisions of this Code shall…
1. Concept Act No. 3815 or the Revised Penal Code took effect on January 1, 1932. a. Legal basis Article 1. Time when Act takes effect. – This Code shall take effect on the first day of January, nineteen hundred and thirty-two. (Revised Penal Code) While the Revised Penal Code took effect on January 1,…
1. Concept Dwelling, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in the dwelling of the victim. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3. That the act be committed… in the dwelling of the offended party,…
1. Concept Abuse of confidence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime by abusing the trust and confidence response on the offender. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 4. That the act be committed with…
1. Concept Chief Executive’s palace or presence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a place.. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 5. That the crime be committed in the palace of the…
1. Concept Contempt or with insult to public authorities, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a manner. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 2. That the crime be committed in contempt or…
1. Concept Where public authorities are engaged in the discharge of their duties, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a place. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 5. That the crime be…
1. Concept Place dedicated to religious worship, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in a place dedicated to religious worship. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 5. That the crime be committed in… a…