Criminal Law (Judge) Flashcards
kidnapping of a female
abduction
kidnapping with ransom
qualified kidnapping
forcible abduction against female only when there is…
lewd design
when you kill your sibling
Murder/homicide not parricide
Qualifying generic circumstance
plain view doctrine can only be applied during…
Applicable only to warrantless searches
Balik sa rtc kuha ng bagong search warrant para sa contraband na nakita At Di kasama sa naunang search warrant
Waive 125
Bail is a constitutional right…
Kapag tagilid kahit Di pa nakasampa ang kaso… mag apply for bail
Non-bailable
It must be heinous crime, penalty is atleast life imprisonment or reclusion perpetual and most especially, evidence of guilt is strong
Basis: evidence of guilt is strong
Division of law
Substantive law
Procedural law
Case law
Answer the question in relation to substantive due process
What is the law I violated?
substantive law
Has no quasi-judicial cases
Do not file case, instead complaint
Police
To do in case of warrantless arrest
Waiver 125
Types of substantive law
National
Local
Primary source is RPC
Secondary source is special penal laws
National Substantive law
Provincial, municipal, and city ordinances
Local Substantive Law
Address the procedural due process
How the government prosecute offender?
How does the accused defend himself?
-opportunity of notice and hearing
Rules
Procedural law
Law that shall prevail
Substantive law
Law of the land
Decision is en banc (Supreme Court setting as one collegial body)
- Case law - “jurisprudence”
How many signature before death penalty
8 signature
Art 202
10518-repealed
Vagrancy - repealed, all municipal ordinances repealed
Prostitution
Illegal possession of FA together with RA 9165
Maximum period
RPC: Articles, Civil law: Articles, Special laws : Section ; Procedural law : ______
Congress:National substantive law,
Gah
Procedural law is
Criminal procedure and evidence
Sources of law… congress for national…
Substantive law provincial municipal councils
Local- substantive law
Probinsyal law- substantive rules of criminal procedure
Rules 110-127 rules of criminal procedure
128 133 Evidence
128 133 Evidence
In case of conflict between substantive and procedural law
Substantive will prevail
