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CRIMINAL Law - SUGGESTED ANSWERS - BAR 2023 - Dean Joe-Santos Balagtas Bisquera
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Dedicated for NOEL INOCENTES, Motorola, JRU Law
Highlights
* need to verify Fact to avail of MISTAKE of FACT * Theft - FINDER in LAW * Special Complex Crime of Kidnapping for Ransom with Homicide * Principal by Inducement with no Principal by Direct Participation * President's Prerogative to Pardon not subject to Legislative restriction * Reclusion Perpetua - 30-Year Pardon vs 40 Year Term * Treason with Declaration of War * Evasion calls for Escape * No Malicious Mischief when No Damage for Stoning House - Unjust Vexation calls for Violence - Breach of Peace needs Complainant * Treachery calls for conscious adoption where there was no previous altercation * Cybercrime Libel when uploading Pictures or Videos dishonors the Woman * Statutory Rape by Sexual Assault for Object into the Genitals of a 12-Year-old * Unjust Vexation, not Qualified Trespass to Dwelling, for Lessor padlocking Leased Premises with past due Rentals * Malversation for misappropriation of Public Funds under custody versus Swindling through Falsification of Private Document * Counterfeiting Philippine pesos even outside the Philippines is criminally punishable even when by a foreigner, temporarily staying here, arrested in the Philippines.
OFFENSES (Book 1) - Criminal Liability - Counterfeiting Philippine Pesos Outside still punishable even for foreigners arrested in the Philippines * Persons criminally Liable - Principal by Inducement * Aggravating Circumstances of Treachery & Offense made before the Chief Executive, Escape is Evasion of Sentence, Presidential Pardon not subject to Legislative Restrictions;
CRIMES & PENALTIES (Book 2) * PERSONS - Mistake of Fact, Opportunity to Verify FACT * PROPERTY - Malicious Mischief for Stoning Houses , FINDER in LAW, Swindling, not Malversation in misappropriating government funds * LIBERTY & SECURITY - Special Complex Crime of Kidnapping for Ransom with Homicide, Unjust Vexation for padlock of delayed Rental Payment * CHASTITY -Statutory Rape by Sexual Assault - Corruption of Minor * HONOR - Cybercrime Libel for Act to Dishonor through Upload of Videos & Pictures * PUBLIC INTEREST - Perjury * PUBLIC ORDER - Evasion for Escape from Prison * NATIONAL SECURITY - Treason when War is declares, Terrorism
Highlights
* need to verify Fact to avail of MISTAKE of FACT * Theft - FINDER in LAW * Special Complex Crime of Kidnapping for Ransom with Homicide * Principal by Inducement with no Principal by Direct Participation * President's Prerogative to Pardon not subject to Legislative restriction * Reclusion Perpetua - 30-Year Pardon vs 40 Year Term * Treason with Declaration of War * Evasion calls for Escape * No Malicious Mischief when No Damage for Stoning House - Unjust Vexation calls for Violence - Breach of Peace needs Complainant * Treachery calls for conscious adoption where there was no previous altercation * Cybercrime Libel when uploading Pictures or Videos dishonors the Woman * Statutory Rape by Sexual Assault for Object into the Genitals of a 12-Year-old * Unjust Vexation, not Qualified Trespass to Dwelling, for Lessor padlocking Leased Premises with past due Rentals * Malversation for misappropriation of Public Funds under custody versus Swindling through Falsification of Private Document * Counterfeiting Philippine pesos even outside the Philippines is criminally punishable even when by a foreigner, temporarily staying here, arrested in the Philippines.
OFFENSES (Book 1) - Criminal Liability - Counterfeiting Philippine Pesos Outside still punishable even for foreigners arrested in the Philippines * Persons criminally Liable - Principal by Inducement * Aggravating Circumstances of Treachery & Offense made before the Chief Executive, Escape is Evasion of Sentence, Presidential Pardon not subject to Legislative Restrictions;
CRIMES & PENALTIES (Book 2) * PERSONS - Mistake of Fact, Opportunity to Verify FACT * PROPERTY - Malicious Mischief for Stoning Houses , FINDER in LAW, Swindling, not Malversation in misappropriating government funds * LIBERTY & SECURITY - Special Complex Crime of Kidnapping for Ransom with Homicide, Unjust Vexation for padlock of delayed Rental Payment * CHASTITY -Statutory Rape by Sexual Assault - Corruption of Minor * HONOR - Cybercrime Libel for Act to Dishonor through Upload of Videos & Pictures * PUBLIC INTEREST - Perjury * PUBLIC ORDER - Evasion for Escape from Prison * NATIONAL SECURITY - Treason when War is declares, Terrorism
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