Criminal law lawphil

  • 3815 states: "Article 247. -- Death or Physical Injuries under Exceptional Circumstances. -- Any legally married person who, having surprised his spouse in the act of thereafter, or shall inflict upon them any serious injury, shall suffer the penalty of destierro (banishment)."
  • How do I file a criminal case in the Philippines?

    Guide to Filing a Criminal Case in the Philippines

    1. Report the Crime
    2. Document Injuries and Damages
    3. Seek a Lawyer's Help
    4. File a Complaint
    5. Cooperate with the Preliminary Investigation
    6. Await Judge's Resolution
    7. Go Through the Trial

  • What is criminal jurisdiction Philippines?

    Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it.
    Commission of the offense within the territorial jurisdiction of the court..

  • Prosecution of offenses is instituted either by complaint or information.
    The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same 

What if a crime violates a national law and a local law?

When a single act violates a national law and a local law, the national law shall prevail.
The penalty beyond level 1 is imposable only by national laws.
Section 5.
Crime and punishment.
A crime is conduct defined and penalized under this Code or special penal laws.
Section 6.
Intent and negligence.
Only intentional conduct is punishable.

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What is considered a lawful act?

Lawful act.
A person who, while performing a lawful act with due care, causes an injury or damage does not incur criminal responsibility.
Section 14.
Lawful order or authority.
A person acting under lawful order or authority does not incur criminal responsibility, unless such order or authority is clearly not for a lawful purpose.

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What is the meaning of terms in criminal law?

Meaning of terms.
For the purpose of consistency of criminal laws, the following terms shall have their meanings:

  • Chapter 1.
    Crimes Against Existence of the State Section 31.
    Treason Section 32.
    Rebellion Section 33.
    Coup d’etat .
  • ,

    When does the principle of legality apply?

    The principle of legality shall apply when the penalty is level 4 and higher.
    The principle of opportunity shall apply at other levels.
    Section 4.
    National law and local law.
    When a single act violates a national law and a local law, the national law shall prevail.
    The penalty beyond level 1 is imposable only by national laws.


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