Fire Officer Exam 2024: What are the Requirements? 1. Application Form 2. ID Pictures 3. Valid ID 4. PSA Birth Certificate 5. Examination Fee: ₱700.00 Fire Officer Exam Schedule: Qualifications All applicants must STRICTLY meet the following qualification requirements: Must be a Filipino citizen; Must be 21 to 35 years old at the date/time of filing of application; Must be of good moral character; Must be mentally and physically fit; Must not have been convicted by final judgment of an offense or crime involving moral turpitude, or of disgraceful or immoral conduct, dishonesty, examination irregularity, drunkenness or addiction to drugs; Must not have been dishonorably discharged from military service or dismissed for cause from any civilian positions in the government; and Must possess a baccalaureate degree from a recognized institution of learning. Important Note : a) Age requirement shall be waived for incumbent employees of the BFP. Age requirement shall also be waive...
Criminal Law 1
Revised Penal Code Book I
Criminal Law
A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
Characteristics of Criminal Law
1. Generality
2. Territorial
3. Prospective
General
Binding on all persons who reside or sojourn in the Philippines.
Exceptions:
1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public international law.
Examples:
a. Sovereigns and other head of state.
b. Ambassador, minister plenipotentiary, minister resident and charges affairs.
But consuls, vice-consuls and other foreign commercial representatives can not claim the privileges and immunities accorded to ambassadors and ministers
Territorial
Penal laws of the Philippines are enforceable only within its territory.
Exceptions:
Article 2 of the RPC - binding even on crimes committed outside of the Philippines
1. Offenses committed while on Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities issued by the government.
3. Introduction into the country of the above mentioned obligations and securities.
4. While being public officers and employees, an offense is committed in the exercise of their functions.
5. Crimes against national security and the law of the nations defined in title I of Book II.
Prospective
The law does not have retroactive effect.
Exceptions: When the law is favorable to the accused.
Exception to the exception:
1. The new law is expressly made inapplicable to pending actions or existing causes of action
2. Offender is a habitual criminal.
Theories of Criminal Law
1. Classical Theory - basis is man's free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory.
2. Positivist Theory - basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency.
3. Mixed theory - combination of the classical and positivist theories wherein crimes that are economic and social innature should be dealt with in a positive manner. The law is thus more compassionate
Construction of Penal Laws
1. Liberally construed in favor of offender
Example: a. The offender must clearly fall within the terms of the law.
b. An act is criminal only when made so by the statute
2. In cases of conflict with official translation, original Spanish text is controlling.
3. No interpretation by analogy.
Limitations on power of congress to enact penal laws
1. Ex post facto law
2. Bill of attainder
3. Law that violates the equal protection clause of the constitution.
4. Law which imposes cruel and unusual punishment nor excessive fines.
Art. 1 Time When Act Takes effect
RPC took effect Feb. 1,1932.
Art. 2 Application of its provisions.
Rules:
1. Philippine vessel or airship - Philippine laws shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration not citizenship of the owner which matters.
2. Foreign vessel
A. French rule - General Rule - Crimes committed aboard a foreign vessel within the territorial waters of a country are not triable in the courts of such country.
Exception: Commission affects the peace and security of the territory, or the safety of the state is endangered
b. English Rule - General Rule - Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country.
Exceptions: When the crime merely affects things within the vessel or it refers to the internal management. There of. This is applicable in the Philippines
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