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Question A.9, Political Law, 2019 Bar Exam
The unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night prompted City Z to implement a curfew ordinance. Minors unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers subject to certain…
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…
cessante ratione legis, cessat et ipsa lex
Latin maxim • “when the reason of the law ceases, the law itself ceases.” (Commendador v. De Villa, En Banc, G.R. No. 93177, August 2, 1991) • “when the reason for a law ceases, the law itself ceases” OxfordReference.com • related to ratio legis est anima: the reason of law is its soul. … …
Indirect assaults, Revised Penal Code
1. Concept Art. 149. Indirect assaults – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand (₱100,000) shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents…
President’s privileges, inhibitions, and disqualifications, Constitutional Law
1. Privileges a. Presidential immunity Concurrent with incumbency. The presidential immunity from suit exists only in concurrence with the president’s incumbency. (Saez v. Arroyo, En Banc, G.R. No. 183533, 25 September 2012) Same; While in office; Cannot be invoked by non-sitting president. The President enjoys immunity from suit during his or her tenure of office…
Dwelling, A14(3) Revised Penal Code
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,…