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Incriminating innocent person, A363 Revised Penal Code
To incriminate an innocent person is to perform an act which tends directly to cause a false prosecution. 1. Concept Incriminating innocent person – refers to the performing of an act which tends directly to cause a false prosecution. a. Legal basis Article 363. Incriminating innocent person. – Any person who, by any act not…
Question XIII, Political Law, 2018 Bar Exam
PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light. After he was apprehended, PO1 Adrian was required to submit…
Opening of closed documents, Revised Penal Code
1. Concept Article 228. Any public officer not included in the provisions of the next preceding article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not exceeding…
Question XVI, Civil Law, 2017 Bar Exam
Jovencio operated a school bus to ferry his two sons and five of their schoolmates from their houses to their school, and back. The parents of the five schoolmates paid for the service. One morning, Porfirio, the driver, took a short cut on the way to school because he was running late, and drove across…
Consented abduction, A343 Revised Penal Code
Consented abduction – refers to the offense of abducting a 13- to 17-year old with her consent and with lewd designs. 1. Concept Consented abduction – refers to the offense of abducting a 13- to 17-year old with her consent and with lewd designs. a. Legal basis Article 343. Consented abduction. – The abduction of…
delegatus non potest delegare
Latin maxim. • “that a delegated power may not be further delegated by the person to whom such power is delegated, and that in all cases of delegated authority, where personal trust or confidence is reposed in the agent and especially where the exercise and application of the power is made subject to his judgment…