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criminal law legal definitions philippines law jurisprudence

Summary

This document provides definitions of various criminal offenses under Philippine law. It covers concepts such as piracy, arbitrary detention, espionage, and rebellion. The document appears to be a compilation of legal definitions.

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PIRACY - It is robbery or forcible depredation on the DELIVERY (BAR 1990) - It means the filing of correct high seas, without lawful authority and done with information or complaint with the proper judicial animo furandi (intent to steal) and in the spirit and authorities. intention of...

PIRACY - It is robbery or forcible depredation on the DELIVERY (BAR 1990) - It means the filing of correct high seas, without lawful authority and done with information or complaint with the proper judicial animo furandi (intent to steal) and in the spirit and authorities. intention of universal hostility. REBELLION OR INSURRECTION - taking of arms ARBITRARY DETENTION - Detaining a person without against the Government. legal ground. Delivering Prisoners From Jail - helping such a ESPIONAGE - is the offense of gathering, person to escape. transmitting, or losing information respecting the national defense with intent or reason to believe that COMMISSION OF THE CRIME (BAR 2004, 2009)- the information is to be used to the injury of the helping such a person to escape Republic of the Philippines or to the advantage of any RESISTANCE AND SERIOUS DISOBEDIENCE - foreign nation. Committed only by resisting or seriously disobeying a MISPRISION OF TREASON - That the offender who is person in authority or his agent. not a foreigner must be owing allegiance to the EVASION ON THE OCCASION OF DISORDERS- Government; 2. That he has knowledge of any Offender evades the service of his sentence by conspiracy to commit treason against the leaving the penal institution Government. EVASION BY ESCAPING DURING THE TERM OF NEUTRALITY - is a condition of a nation that, in times SENTENCE - evades the service of his sentence by of war, takes no part in the dispute but continues escaping during the term of his sentence peaceful dealings with the belligerents. SEDITION - is the raising of commotions or Principal offenders (actors) of coup d'etat - must be disturbances in the State. members of the military, national police or public officer, with or without civilian support. VIOLATION OF PARLIAMENTARY IMMUNITY - using force, intimidation, threats, or fraud to prevent any MUTINY - Offenders are members of the complement member of the National Assembly. or the passengers of the vessel. EXPULSION - Expelling a person. TREASON - is a breach of allegiance to a government, committed by a person who owes allegiance to it. POLITICAL CRIMES - Those that are directly aimed against the political order, as well as such common crimes as may be committed to achieve a political TWO-WITNESS RULE - It is a rule which requires the purpose. The decisive factor is the intent or motive. testimony of at least two witnesses to prove the overt REBELLION - is a crime of the masses. It requires a act of giving aid or comfort. multitude of people. It is a vast movement of men There is CONSPIRACY TO COMMIT SEDITION when and a complex network of intrigues and plots. two or more persons come to an agreement to rise - object of the movement is to completely overthrow publicly and tumultuously to attain any of the objects and supersede the existing government. specified in Art. 139 and they decide to commit it. DIRECT ASSAULT - employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; and QUALIFIED DIRECT ASSAULT -Direct assault is qualified when: - Assault is committed with a weapon; The offender is a public officer or employee; or Offender lays hands upon a person in authority.. INDIRECT ASSAULT -An agent of a person in authority is the victim of any of the forms of direct assault defined in Art. 148; - person who comes to the aid of the agent of a person in authority. COUP D’ETAT - Essence is a swift attack against the government, its military camp or installations, communication network and public facilities and utilities essential to the continued exercise of governmental powers. REBELLION - Essence of the crime is public uprising and taking up arms against the government. GRAVE COERCION - A private person who committed any of the punishable acts under Art. 127 is responsible for the crime of grave coercion. SEARCH WARRANT - signed by judged.

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