Beruflich Dokumente
Kultur Dokumente
Law
(Book 2: Art 114 - 152)
Notes from Lecture of Fiscal Salva (Ret.)
Former Chief Prosecutor, City of Manila
JURISTS BAR REVIEW CENTER
August 14, 2015
Notes
This is not a complete transcript of the lecture
The slides are limited to brief annotations, which the
author humbly found remarkable and especially
enlightening.
Made these slides to combat sleepiness and be
productive, so forgive some typographical and
grammatical lapses
Prepared by:
Lawrence P. Villamar
(With cross-reference to my honey
bunch Panky Obbania)
Treason
Continuing crime
TWO WITNESS RULE Only crime requiring two credible
witnesses for the same overt act as way of proving
because war time is abnormal time.
Misprision of Treason
A crime of ommission
May only be committed by a Filipino citizen (note that
this is not expressly identified in the provision of the
law).
What must be reported is only conspiracy. If crime is
committed already, there can not be misprision if
unreported.
JOKE TIME
Fiscal Salva: When I lecture to police men, I ask them
why does their curriculum include Agriculture? Planting
of evidence, thats Agriculture. Tawa mga pulis!
(OVERHEARD) Police man in the audience: Hindi lang
dapat Agriculture, Janitorial Services din! Pag-lilinis ng
ebidensiya!
Fiscal Salva: Ang korapsyon talaga, kahit saan
PRIVATE JOKE from Stella Agustin: Ah, kaya pala yung
kakilala ko naka-iPhone!
Act of Terrorism
In advent of Human Security Act of 2007, use of
violence to demand government to give in to unlawful
demand is act of terrorism
Once convicted/acquitted, may no longer be charged
with rebellion.
Differentiate with complex crime(Art 48): In complex
crime, cri inal act seen in the eyes of the law as a single
offense and penalty is for serious crime in maximum
period. Whereas in act of terrorism, if not all requisites
are not proven, accused must be acquitted (unlike in
ordinary crime, court may convict for lesser offense)
Direct Assault
Victim should still be engaged in public service.