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legis non est recedendum
Latin maxim. • “from the words of a statute there should be no departure” (Bolos v. Bolos, G.R. No. 186400, October 20, 2010) … Already a subscriber? Log in below. Not yet a member? Subscribe. Username or E-mail Password Remember Me Forgot Password
Question IX-B, Political Law, 2017 Bar Exam
Extradition is the process pursuant to a treaty between two State parties for the surrender by the requested State to the custody of the requesting State of a fugitive criminal residing in the former. However, extradition depends on the application of two principles – the principle of specialty and the dual criminality principle. Explain these…
President and Vice-President’s qualifications, Constitutional Law
1. Qualifications a. President Qualifications to be President:No person may be elected President unless he is:1) A natural-born citizen of the Philippines;2) A registered voter;3) Able to read and write;4) At least forty (40) years of age on the day of the election; and5) A resident of the Philippines for at least ten (10) years…
Inciting to war or giving motives for reprisals, Revised Penal Code
1. Concept Article 118. Inciting to war or giving motives for reprisals. – The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the…
Paternity Filiation
1. Legitimate children Concept: Legitimate children. Children conceived or born during the marriage of the parents are legitimate.(Article 164, Ibid.) Conceived or born during marriage. Children conceived or born during the marriage of the parents are legitimate. (Ibid.) Artificial insemination. Children conceived as a result of artificial insemination of the wife with the sperm of…
Exempting circumstances, A12 Revised Penal Code
Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. 1. Concept Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. a. Legal basis Article 12. Circumstances which exempt from criminal liability. – the following are exempt from criminal liability: 1. An imbecile or…