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Questions and Answers
What are the elements of a crime according to the provided text?
What are the elements of a crime according to the provided text?
What is the definition of a criminal based on the information provided?
What is the definition of a criminal based on the information provided?
What is the main purpose of law according to the text?
What is the main purpose of law according to the text?
What distinguishes a rule from a law as indicated in the text?
What distinguishes a rule from a law as indicated in the text?
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What do unwritten laws consist of according to the text?
What do unwritten laws consist of according to the text?
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According to the Model Penal Code, what does 'crime' involve?
According to the Model Penal Code, what does 'crime' involve?
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When did the old Penal Code, put in place by Spanish authorities, take effect in the Philippines?
When did the old Penal Code, put in place by Spanish authorities, take effect in the Philippines?
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What was the first proposed constitution mentioned in the text?
What was the first proposed constitution mentioned in the text?
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Who were some of the key figures involved in establishing the Biak-na-Bato Constitution?
Who were some of the key figures involved in establishing the Biak-na-Bato Constitution?
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Under which Act was the Revised Penal Code of the Philippines enacted?
Under which Act was the Revised Penal Code of the Philippines enacted?
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What was the method of execution for those who infringed the order according to the text?
What was the method of execution for those who infringed the order according to the text?
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What is the title 'Datu' equivalent to?
What is the title 'Datu' equivalent to?
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Which legal code is said to have been written in 1250 A.D. by Datu Sumakwel of Panay during the pre-Spanish Era?
Which legal code is said to have been written in 1250 A.D. by Datu Sumakwel of Panay during the pre-Spanish Era?
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In which year was the Code of Kalantiao written according to the text?
In which year was the Code of Kalantiao written according to the text?
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What was the occupation of Datu Kalantiaw who wrote the Code of Rajah Kalantiaw in 1433?
What was the occupation of Datu Kalantiaw who wrote the Code of Rajah Kalantiaw in 1433?
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Which statement best describes written laws based on the information provided?
Which statement best describes written laws based on the information provided?
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Who wrote 'Maragias' and illustrated it, according to the text?
Who wrote 'Maragias' and illustrated it, according to the text?
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'Neither shall you do harm to the aged, lest you incur the danger of death.' Which legal code does this statement come from?
'Neither shall you do harm to the aged, lest you incur the danger of death.' Which legal code does this statement come from?
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Study Notes
Concept of Crime
- Crime is defined as an act or omission punishable by law, committed to protect the public and prosecuted by the state in its own name.
- Elements of crime include:
- Act (actus reus)
- Unlawful act
- Intent (mens rea)
- Attendant circumstances
- Concurrence of act and intent
- Causation
Crime vs. Criminal
- A crime is an act committed or omitted in violation of a public law forbidding or commanding it.
- A criminal is a person who commits or omits an act in violation of law and is convicted and punished for such violation.
Law
- Law is a rule of conduct, just and obligatory, promulgated by legitimate authority for common observance and benefit.
- The primary purpose of law is to maintain order in society and regulate human interactions.
Developments of Laws
- Early Filipinos had both written and unwritten laws, with unwritten laws consisting of customs, traditions, and practices recognized and enforced by the government.
- The Datu, a noble title equivalent to a lord or chief, was the head of a government unit that existed prior to the arrival of the Spaniards.
Early Written Laws
- The Code of Hammurabi (1760 BC) is considered the first known system of written law, with over 250 harsh laws.
- Two known written codes during the pre-Spanish Era in the Philippines are:
- Maragtas Code (1250 AD) by Datu Sumakwel of Panay, proof of the advanced civilization of the Bisayans.
- Kalantiao Code (1433 AD) by Datu Kalantiao of Panay, also known as the Code of Rajah Kalantiaw.
Historical Development of Laws in the Philippines
- The Spanish Codigo Penal was made applicable in the Philippines by Royal Decree of 1870.
- The old Penal Code was replaced by the Revised Penal Code of the Philippines (Act No. 3815) on December 8, 1930.
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Description
Learn about the concept of crime and criminals, including definitions, elements of crime, and the importance of actus reus, mens rea, and causation. Explore the legal perspective on acts or omissions punishable by law.