View Notes - Criminal Law Reviewer (Rene Callanta).pdf from LAW at University of Cebu - Main Campus. 1 Elements and Notes in Criminal Law Book II by. View Callanta-Notes-Crim-2 from LAW at University of the Philippines Cebu. TAX REVIEWER GENERAL PRINCIPLES: BY: Rene Callanta . CTA) NOTES: • > If the purpose of taxation is regulatory in character, taxation is used to.
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA. Power to Enact Penal Laws. Only the legislative branch of the government can enact penal laws. Elements and Notes in Criminal Law Book II by RENE CALLANTA and ORTEGA. Crimes against the law of nations. The crimes under this title can be prosecuted even if the criminal act or acts were committed. Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA. December 5, CRIMINAL LAW Reviewer · December 5,
Treason Art. Conspiracy and proposal to commit treason Art. Misprision of treason Art. Espionage Art. Crimes against the law of nations 1.
Espionage Art. Crimes against the law of nations 1. Inciting to war or giving motives for reprisals Art.
Violation of neutrality Art. Corresponding with hostile country Art.
Flight to enemy's country Art. Piracy in general and mutiny on the high seas Art.
The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. When this adherence or sympathies are converted into aid and comfort, only then they take material forM. This material form is now what is made punishable.
It is usually manifested by the offender in giving information, commandeering foodstuffs, serving as spy and supplying the enemy with war materials. Treason is a continuing offense. It can be committed by a single act or by a series of acts. It can be committed in one single time or at different times and only one criminal intent.
In construing the provisions relating to the commission of several acts, the same must be done in pursuance or furtherance of the act of treason.
No treason through negligence In the imposition of the penalty for the crime of treason, the court may disregard the presence of mitigating and aggravating circumstances.
It may consider only the number, nature and gravity of the acts established during the trial. That there is a war in which the Philippines is involved c. That the offender either 1 Levies war against the government, 1. What matters is the actual assembly of men and the execution of treasonable design by force.
Ways of proving treason: a. Treason cannot be proved by circumstantial evidence or by extrajudicial confession. Example: X saw arms landed in La Union and loaded into a motor vehicle.
At this stage not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Answer: NO. Confession of the accused in open court Arraignment, pre-trial, trial OK.
If he has pleaded NOT guilty already during arraignment, he can s t i l l c o n f e s s i n o p e n c o u r t b y stating the particular acts constituting treason. During trial, simply saying Im guilty is not enough.
Withdrawing plea of not guilty during arraignment not necessary 4.
If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. Treason: breach of allegiance to the government, committed by a person who owes allegiance to it.
Allegiance :obligation of fidelity and obedience.