CIRCUMSTANCE DOCTRINES AND ADDITIONAL NOTES LEGAL LAW II (Culled from Florenz Regalado's Conspectus and Ortega's Notes)
Article 114. TREASON
➢ " The details of the testimony for the acts testified by witnesses need not always be identical” (People vs . Abad) ➢ " The two-witness rule is definitely not required to prove adherence to the enemy” (People versus Alitagtag) ➢ " Treason absorbs offences committed inside the furtherance thereof” (People or Villanueva) ➢ " Righteous Action, because when the collaborator also helped save some guerrillas from loss of life at the hands of the invader is usually illogical and baseless” (People vs . Victoria) ➢ " Defense of Suspended Devotedness by purpose of modify of sovereignty was untenable since a citizen owes an absolute allegiance to his nation (Laurel vs . Misa) ➢ An rivetage even without a great armed general public uprising is enough.
Article 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON.
➢ Separately punished only if Treason had not been committed. ➢ N/A two-witness rule
DOCUMENT 116. MISPRISION OF TREASON.
➢ Criminal offence by omission. Mere peace and quiet is punishable even without try to conceal. (ACTUAL EXISTENCE OF CONSPIRACY may be the BASIS) ➢ N/A two-witness rule
CONTENT 120. COMMUNICATION WITH INHOSPITABLE COUNTRY.
➢ Express Prohibition by Authorities of Correspondence is a mala prohibitum for that reason punishable whether or not contained faithful matters. ➢ N/A two-witness rule
CONTENT 121. AIRLINE FLIGHT TO ENEMY'S COUNTRY.
➢ Express Forbidance by Skilled Authority is a mala prohibitum therefore punishable for no matter what purpose of the offender. Simply Attempt consummates crime.
CONTENT 124. IRRELAVENT DETENTION.
➢ " A private person can be responsible and punished if this individual acted in conspiracy with public representatives. ” (People vs . Camerino) ➢ " Mistake of Fact, Good Faith, acted devoid of culpable carelessness are valid defenses, regardless if it turns out that the person was innocent. ” (People vs . Ancheta) ➢ No legal ground, with no intent to deliver to contencioso authorities. (Arbitrary Detention) ➢ No Legal ground, with intent to turn over to legislativo authorities (Unlawful Arrest) ➢ Legal Ground with intention of deliver to judicial authorities but unreasonably delays (Undue Delay below 125) ➢ No intentions of detain, although unlawfully eliminated for an appreciable time period from free motion (Coercion) ➢ Victim can be described as woman and detained with lewd patterns from the outset (abduction) ➢ Offenses cannot be complexed.
➢ " Mental and not only physical restraint is enough for the crime of arbitrary detention, as when ever victim was permitted to consider meals away from detention unfortunately he too terrorized not to return. ” (People vs . Oliva)
ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED FOLKS TO THE RIGHT JUDICIAL AUTHORITIES.
➢ Provision relates to arrests devoid of warrant and it is lawful. ➢ " Delivery refers to filing of issue; Judicial Authority refers to tennis courts of rights not the public prosecutor” (Sayo et al. vs . Primary of Police) ➢ " Failure to provide the arrestee does not produce detention illegal, it just makes the arresting police officer criminally liable” (People vs . Mabong) ➢ Article relates to special regulations. (.. ”or their equivalent”, referring to fees categories) ➢ " The hours during which the legal courts are closed and no deliver can be built are not to become counted” (People vs . Acasio) ➢ Arrested person can be detained past stated durations if this individual demands initial investigation (Sec. 7 Secret 112 Add some opuch. Rules Crim. Pro. ) ➢ Art. 125 manufactured applicable to security guards utilized by a company who also arrested and delayed the turnover of public representatives whom that they held in custody (People vs . Sali)
ARTICLE 126. DELAYING RELEASE.
➢ " Purchase of release may be provided verbally. ” (People versus Misa)
ARTILCE 127. EXCLUSION.
➢ Just Chief Executive may order deportation.
ARTICLE 128. VIOLATION OF...