Callanta Criminal Law 1 Notes – Download as Word Doc .doc), PDF File .pdf), Text File .txt) or read online. Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA. December 5, CRIMINAL LAW Reviewer · December 5, Callanta Notes Criminal Law 2 Reviewer Elements and Notes in Criminal Law Book II by RENE CALLANTA and ORTEGA TITLE ONE.
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According calanta Reyes, to be consistent with the Constitution, the phrase “by a penalty higher than prision mayor” in Article should be amended to read: That the offender does not take a direct part in the crime of sedition b. That there be an instrument payable to order or other document of credit not payable to bearer.
Callanta Notes Criminal Law 2 Reviewer
A person has a twenty-peso bill. In short, a classification based on valid and reasonable standards does not violate the equal protection clause. Five classes of falsification: Direct assault absorbs the lighter felony; the crime of direct assault can not be separated from the material result of the act. Grounds for granting tax exemptions 1 May be based on contract. He was brought to the police precincts on suspicion that the certificates he was selling to the public proceed from spurious sources and not from the Bureau of Treasury.
If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. Resistance and disobedience to a person in authority or the agents of such person Art. That he procures a search warrant c.
TAX REVIEWER GENERAL PRINCIPLES: BY: Rene Callanta | Patricia Largo –
Even if he is welcome in the dwelling, it does not mean he has permission to search. Justice of the peace f. Here, the offender is any private individual, whether an alien or a citizen of the Philippines, or a public officer. Finally, taxes are not in the nature of contracts but grow out of the duty to, and are the positive acts of the government to the making and enforcing of which the personal consent of the taxpayer is not required.
This kind of falsification may be committed by omission 5.
Give effect to and administer the supervisory and police power conferred to it by the Tax Code or other laws 3. Note that persons making bracelets out of some coins violate Presidential Decree No. The anti hi-jacking law is applicable in this case. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Mutilation under the Revised Penal Code is true only to coins.
Was he guilty of violating Presidential Decree No. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons.
That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor noges fiscal of the city in which he resides While in treason, even aliens can commit said crime because of the amendment to caolanta article, no such amendment was made in misprision of treason.
These would include the holding of a public hearing notee the measure and its subsequent approval by the Secretary of Finance, in addition to the usual requisites for publication of ordinances in general. Accreditation and registration of tax callxnta 8.
The obligation to pay taxes rests not upon the privileges enjoyed by or the protection afforded to the citizen by the government, but upon the necessity of money for the support of the State. Considering that the objective of sedition is to express protest against the government and in the process creating hate against public officers, any act that will generate hatred against the government or a public officer concerned or a social class may amount to Inciting to sedition.
Tax exemptions are not favored and are construed strictissimi juris against the taxpayer. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file.
If the coin whose metal content has been depreciated through scraping, scratching, or filing the coin and the offender collecting the precious metal dust, even if he would use the coin after its intrinsic value had been reduced, nobody will accept the same. The same tax may be imposed by the National Government as well as the local government.
Certain aliens were arrested and they were just put on the first aircraft which brought them to the country so that they may be out without due process of law. Can the writing on the wall be considered a document? Forging the great seal of the Government b. They should not be construed as to permit the taxpayer easily to evade the payment of taxes. If it is not legal tender anymore, no one will accept it, so nobody will be defrauded. The judge who granted the bail will just forward the litimus of the case to the court trying his case.
That he falsifies a document by committing any of the following acts: The offender is any person d. Nature of tax noges 1 It is a mere personal privilege of the grantee. Aiding a policeman under attack. It is an immunity or privilege; it is freedom from a financial charge or burden to which others are subjected.
That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny. The law on rebellion however, does not speak only of allegiance callanta loss of territory.
Toll may be imposed by callnata government or by private individuals or entities; tax may be imposed only by the government. But the moment the power to impose a particular tax is granted, they also have the power to grant exemption therefrom unless forbidden by some provision of the Constitution or the law The legislature may delegate its power to grant tax exemptions to the same extent that it may exercise the power to exempt. Using fictitious name and concealing true name Art.
The public officers who may be held liable are only those acting under supposed exercise of official functions, albeit illegally.
The victim in indirect assault should callanga a private person who comes in aid of an agent of a person in authority. Persons conspiring to rob a bank were arrested.
The power to punish is not extended to the local executive reason given is bodies. The rule on strict interpretation does not apply in the case of exemptions in favor of a political subdivision or instrumentality of the government.