Sei sulla pagina 1di 1

RPC 5

Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law,
and in cases of excessive penalties. – Whenever a court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief
Executive, the reasons which induce the court to believe that said act should be made the subject of penal
legislation.
In the same way the court shall submit to the Chief Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused by the offense.
ART. 12, SEC. 5 PH CONSTI
Section 5. The State, subject to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.
ROC 129 (2), (3)
Section 2. Judicial notice, when discretionary. – A court may take judicial notice of matters which are of public
knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their
judicial functions.
Section 3. Judicial notice, when hearing necessary. – During trial, the court, on its own initiative, or on request of a
party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.
After trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a
party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of
a material issue in the case.
ROC 22
Section 1. How to compute time. – In computing any period of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the day of the act or event from which the designated period of
time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus
computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run
until the next working day.
Section 2. Effect of interruption. – Should an act be done which effectively interrupts the running of the period, the
allowable period after such interruption shall start to run on the day after notice of the cessation of the cause
thereof.
The day of the act that caused the interruption shall be excluded in the computation of the period.
RAC 31
Section 31. Legal Periods. – “Year” shall be understood to be twelve calendar months; “month” of thirty days,
unless it refers to a specific calendar month in which case it shall be computed according to the number of days
the specific month contains; “day” to a day of twenty-four hours; and “night”, from sunset to sunrise.
RPC 2
Article 2. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine archipelago, including its atmosphere, its
interior waters, and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the preceeding number;
4. While being public officers or employees, should commit and offense in the exercise of their functions;
or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One
of Book Two of this Code.

Potrebbero piacerti anche