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citizen
may
be
of
the
accused?
3)
Art. 121. Flight to enemy country.
The penalty of arresto mayor shall be inflicted upon any
person who, owing allegiance to the Government,
attempts to flee or go to an enemy country when
prohibited by competent authority.
4.
5.
6.
CRIM 2-A
Additional items in
Security and Law of Nations
Crimes
against
National
1.
2.
3.
4.
5.
1.
2.
6.
and
the
Seized,
Immunity
and
protection
of
crimes
against
the
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Short Quiz
1-3.
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5.
6.
7.
8.
9.
10.
12
13
4.
14
15
16
17
This
is
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Convicts
who,
under
the
circumstances
mentioned in the preceding paragraph, shall give
themselves up to the authorities within the above
mentioned period of 48 hours, shall be entitled to the
deduction provided in Article 98.
E.g. The jail has been flooded which resulted to it
being opened in order for the prisoners to be saved; those
who returned, within 48 hours after the proclamation of
the President of the passing away of such calamity, shall
not be punished but shall instead be rewarded. So here,
it's failure to return that is punished.
3) Art. 159. Other cases of evasion of service of
sentence. Violation of conditional pardon.
Conditional pardon is a contract between the
President and the prisoner. And the president shall pardon
after the sentence shall have become final. So there is a
contract between the President and the prisoner for the
prisoner not to commit another crime during the period of
conditional pardon. If a person for example has been
charged of estafa during the period of conditional pardon,
can he be charged for violating Article 159: violation of
conditional pardon? The answer is a big NO. Why?
Because you can only be charged for violation of Article
159 after being convicted of the alleged crime committed
(2nd offense). Because there is a possibility that you will
be committed, meaning, you did not commit another
crime, you did nor violate the conditional pardon. Repeat,
a prisoner can only be charged with violation of
conditional pardon if the alleged crime committed resulted
in conviction.
The offender here can be rearrested and
reincarcerated without trial. You should distinguish
violation of conditional pardon from evasion of service.
Violation of conditional pardon does not disturb public
order. There is no evasion of service of sentence in the
following instances 1) if the escapee is only a detention
prisoner (not yet convicted); 2) if he is a youthful offender
under rehabilitation (but this is already modified by R.A
9344: Juvenile Justice Law); 3) there is no evasion if a
deportee
violates
the
deportation
order.
JUNE 10, 2010
Short Quiz
1.
2.
3.
4.
5.
9.
20
(b)
(c)
21
(d)
(o)
(g)
(h)
(i)
(q)
(2) a prisoner
of liberty for
conflict;
(3) a civilian
direct part or
the hostilities
party;
(j)
(k)
(m)
(n)
(s)
(t)
"Works
and
installations
containing
dangerous
forces" means works and
installations the attack of which may cause
the release of dangerous forces and
consequent severe losses among the civilian
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and
War Crimes.
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24
25
SEC
3-A.
Unlawful
Manufacture,
Sales,
Acquisition, Disposition, Importation or Possession of a
Part [part of firearm], Ingredient, Machinery, Tool or
Instrument Used or Intended to be Used for the
Manufacture, Construction, Assembly,
Delivery
or
Detonation.
Amendments to RA 8294
Section
3.
Unlawful
Manufacture,
Sales,
Acquisition, Disposition, Importation or Possession of an
Explosive or Incendiary Device. [the words incendiary
device are not found in RA 8294.]
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