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Simulation of births, A347 Revised Penal Code
Simulation of birth refers to the act of deceptively making it appear that the parents of a newly born child are persons other than the biological parents. 1. Concept Simulation – refers to deceptive imitation or copying. Simulation birth – refers to the act of deceptively making it appear that the parents of a newly…
Question XVI, Civil Law, 2018 Bar Exam
Selena was a single 18-year old when she got pregnant and gave birth to Suri. She then left to work as a caregiver in Canada, leaving Suri with her parents in the Philippines. Selena, now 34 years old and a permanent resident in Canada, met and married Sam who is a 24-year old Canadian citizen…
Death or physical injuries inflicted under exceptional circumstances, Revised Penal Code
1. Concept and legal basis Article 252. Physical injuries inflicted in a tumultuous affray. – When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the…
Question XIII, Political Law, 2017 Bar Exam
Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo….
Conspiracy and proposal to commit treason, Revised Penal Code
1. Concept Art. 115. Conspiracy and proposal to commit treason; Penalty – The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a fine not exceeding Two million pesos (₱2,000,000), and prisión correccional and a fire not exceeding One million pesos (₱1,000.000). (Act No. 3815, Revised Penal…
Criminal liability, A4 Revised Penal Code
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…