Article 1-2 Flashcards
Who are public officers?
any person who by direct provision of the law, popular election, or appointment by competent authority shall take part in the performance of public functions in the govt, of shall perform in said government or in any of its branches public duties as an employee, agent, subordinate official, of any rank or class
Rule 5: binding set of laws that are being protected
- ) National security
2. ) Law of Nations
Article 114. What constitutes treason?
levying war against the Philippines, or adheres to her enemies by giving them aid or comfort within the Philippines or elsewhere
Requirements to convict someone of treason (Article 114, para 2)
- ) Two witnesses
- 2) Act must be done overtly;
- ) Confession
Article 118. Inciting war or giving motive for reprisals punishment: public officer vs private citizen
reclusion temporal who by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property; prison mayor if private individual
Article 21 states that felonies shall not be punishable by_________.
Penalties not prescribed by law prior to their commission.
According to Article 22, when can penal laws take retroactive effect?
If they favor the person guilty of felony– so long as the person is not a habitual criminal– although the final sentence has been pronounced and the convict is serving the same
Persons exempt from the operation of our criminal laws by virtue of the principle of public international law
- ) Sovereigns and other chiefs of state
2. ) Ambassadors, ministers plenipotentiary, ministers resident and charges d’affaires
What is crime?
An act committed or omitted in violation of public law forbidding or commanding it