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Perjury in solemn affirmation, Revised Penal Code
1. Concept Article 183. …Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein. (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of…
Evasion of service of sentence, Revised Penal Code
1. Concept Article 157. Evasion of service of sentence. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment.However, if such evasion or escape shall have taken…
Rights under custodial investigations, Bill of Rights
1. Concept Miranda rights. The guarantees of Sec. 12 (1), Art. III of the 1987 Constitution, or the so-called Miranda rights, may be invoked only by a person while he is under custodial investigation. (People v. Amestuzo, G.R. No. 104383, 12 July 2001) Custodial investigation. Custodial investigation – involves any questioning initiated by law enforcement…
Violation of neutrality, Revised Penal Code
1. Concept Article 119. Violation of neutrality. – The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality. (Act No. 3815, Revised Penal Code) 2. Mode of commission…
Corpus delicti
1. Concept “Corpus delicti” – refers to the fact of the commission of the crime charged or to the body or substance of the crime. (Rimorin, Sr. v. People, G.R. No. 146481, 30 April 2003) In its legal sense, [corpus delicti] does not refer to the ransom money in the crime of kidnapping for ransom…
Disloyalty of public officers or employees, Revised Penal Code
1. Concept Article 137. Disloyalty of public officers or employees. – The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control…