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Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Article-III, Section-I
No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Article-III, Section-I
Life is not limited to the literal meaning of life. It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable. Liberty - the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose ones employment, the right to labor etc.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Article-III, Section-I
Property - refers to anything that can come under the right of ownership and be subject of contract.
Article-III, Section-I
Two (2) Aspects of Due Process 1. Procedural Due Process The manner or procedure which must be followed in the enforcement or application of law. 2. Substantive Due Process This means that the law to be applied is valid, just and not arbitrary.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Article-III, Section-I
Equal Protection of Law It means that all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Article-III, Section-I
Sample Case: If A is a doctor who earns Php. 35,000/month, and B a teacher who is earning 12,000/month, if they will be taxed with the same amount of Php. 800/month, is it just and fair? Does this observed Equal Protection of the Law? Answer : No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
9.
Sample Case
Question: A thought of killing B. He positioned himself
at one corner where B would usually pass. When a figure resembling B was approaching, A hid and when that figure was near him, he suddenly hit him with a piece of wood on the nape, killing him. But it turned out that it was his own father. What was the crime committed by A?
Sample Case
Question: A and B were lovers. B was willing to
marry A except that A is already married. A thought of killing his wife. He prepared her breakfast every morning, and every morning, he placed a little dose of arsenic poison into the breakfast of the wife. The wife consumed all the food prepared by her husband including the poison but nothing happened to the wife. Because of the volume of the household chores that the wife had to attend to daily, she developed a physical condition that rendered her so strong and resistance to any kind of poisoning, so the amount of poison applied to her breakfast has no effect to her. Is there an impossible crime?
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Sample Case
Answer: No impossible crime is committed because
the fact itself stated that what prevented the poison from taking effect is the physical condition of the woman. So it implies that if the woman was not of such physical condition, the poison would have taken effect. Hence, it is not inherently impossible to realize the killing. The crime committed is frustrated parricide.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Sample Case
Question: A thought of having her husband killed
because the latter was maltreating her. She hired some persons to kill him and pointed at her husband. The goons got hold of her husband and started mauling him. The wife took pity and shouted for them to stop but the goons continued. The wife ran away and was prosecuted for parricide. Can the wife be convicted for parricide?
Act of Desistance
The Supreme Court has ruled that one who desisted
is not criminally liable. When a person has set foot to the path of wickedness and brings back his foot to the path of righteousness, the law shall reward him for doing so. Desistance on the part of the offender negates criminal liability in the attempted stage. Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the frustrated stage, no amount of desistance will negate criminal liability.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Act of Desistance
The spontaneous desistance of the offender negates only the attempted stage but not necessarily all criminal liability. Even though there was desistance on the part of the offender, if the desistance was made when acts done by him already resulted to a felony, that offender will still be criminally liable for the felony brought about his act. What is negated is only the attempted stage, but there may be other felony constituting his act.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Illustrations:
A fired at B and B was hit on the shoulder. But B's wound was not mortal. What A then did was to approach B, and told B, Now you are dead, I will kill you. But A took pity and kept the revolver and left. The crime committed is attempted homicide and not physical injuries, because there was an intention to kill. The desistance was with the second shot and would not affect the first shot because the first shot had already hit B. The second attempt has nothing to do with the first.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Illustrations:
Question: In another instance, A has a very seductive neighbor in the person of B. A had always been looking at B and had wanted to possess her but their status were not the same. One evening, after A saw B at her house and thought that B was already asleep, he entered the house of B through the window to abuse her. He, however, found out that B was nude, so he lost interest and left. Can A be accused of attempted rape? Answer: No, because there was desistance, which prevented the crime from being consummated. The attempted stage was erased because the offender desisted after having commenced the commission of the felony.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Illustrations:
Answer: The attempted felony is erased by desistance because the offender spontaneously desisted from pursuing the acts of execution. It does not mean, however, that there is no more felony committed. He may be liable for a consummated felony constituted by his act of trespassing. When A entered the house through the window, which is not intended for entrance, it is always presumed to be against the will of the owner. If the offender proceeded to abuse the woman, but the latter screamed, and A went out of the window again, he could not be prosecuted for qualified trespass. Dwelling is taken as an aggravating circumstance so he will be prosecuted for attempted rape aggravated by dwelling.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
d.
If the kidnapping or detention shall have lasted more than five days. If it shall have been committed simulating public authority. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. If the person kidnapped or detained shall be a minor, female or a public officer.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
3. Unlawful arrest The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefore, shall arrest or detain another for the purpose of delivering him to the proper authorities.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
5. 6. 7. 8.
Lecture of Mr. John Torres Philippine Government and Constitution Social Science-I
-endLecture of Mr. John Torres Philippine Government and Constitution Social Science-I