18 Questions
What are the elements of a crime according to the provided text?
Actus reus, unlawful act, intent, causation
What is the definition of a criminal based on the information provided?
A person who violates a public law
What is the main purpose of law according to the text?
To regulate human interactions
What distinguishes a rule from a law as indicated in the text?
Rules are specific to individuals, laws apply to everyone
What do unwritten laws consist of according to the text?
Customs and human conduct recognized by the government
According to the Model Penal Code, what does 'crime' involve?
An act prohibited by law for public protection
When did the old Penal Code, put in place by Spanish authorities, take effect in the Philippines?
July 14, 1876
What was the first proposed constitution mentioned in the text?
Liga Filipina Constitution
Who were some of the key figures involved in establishing the Biak-na-Bato Constitution?
Emilio Aguinaldo, Emilio Trias, and others
Under which Act was the Revised Penal Code of the Philippines enacted?
Act No. 3815
What was the method of execution for those who infringed the order according to the text?
Drowning in the river or boiling water
What is the title 'Datu' equivalent to?
Ruler
Which legal code is said to have been written in 1250 A.D. by Datu Sumakwel of Panay during the pre-Spanish Era?
Maragtas Code
In which year was the Code of Kalantiao written according to the text?
1433 A.D.
What was the occupation of Datu Kalantiaw who wrote the Code of Rajah Kalantiaw in 1433?
Chief on the island of Negros
Which statement best describes written laws based on the information provided?
They are collected and arranged with a specific system, often by subject, and written in a book.
Who wrote 'Maragias' and illustrated it, according to the text?
Devin Galloway and Ethel Martinez
'Neither shall you do harm to the aged, lest you incur the danger of death.' Which legal code does this statement come from?
Kalantiao Code
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.
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.
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