ADJUS-121 Lecture Notes - Lecture 24: Fraud, Military Intelligence, Homicide
2 Sep 2020
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Requisites for provocation: all must concur: given by the owner of the dwelling, sufficient, immediate to the commission of the crime. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness. Example: a jealous lover, already determined to kill his sweetheart, invited her for a ride and during that ride, he stabbed her. Requirements of the aggravating circumstance of public office: A polling precinct is a public office during election day. Nature of public office should be taken into account, like a police station which is on duty. Place of the commission of the felony (par 5): if it is malaca ang palace or a church is aggravating, regardless of whether state or official; functions are being held. As regards other places where public authorities are engaged in the discharge of their duties, there must be some performance of public functions the offender must have intention to commit a crime when he entered the place.
