Revised Penal Code Book II 114-131.pdf

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Revised Penal Code Book II - List

Revised Penal Code Book II - List of Crimes Partial Reviewer

of Crimes Partial Reviewer

Crime

Penalty/Who

Penalty/Who Elements

Elements

Notes

Cases

Title I - Crimes

Title I - Crimes Against National Security and the Law

Against National Security and the Law of Nations (114-122)

of Nations (114-122)

114. Treason

ReclusionReclusion perpetua to perpetua to death and a fine death and a fine not to exceed not to exceed 100,000 pesos 100,000 pesos Any person Any person

1. Offender owes allegiance to the 1. Offender owes allegiance to the government of the Philippines government of the Philippines

2. That there is war which the Philippines 2. That there is war which the Philippines is involved

is involved

3. The offender either: 3. The offender either: a. Levies war against t

a. Levies war against t he government orhe government or b. Adheres to the enemy, giving them aid b. Adheres to the enemy, giving them aid or comfort

or comfort

1. This law applies to a Fil

1. This law applies to a Fil ipino and a resident alien. The resident alien shall be punished byipino and a resident alien. The resident alien shall be punished by RT and fine not

RT and fine not less than P100,000less than P100,000 2. Levying war is committed by

2. Levying war is committed by actual assembling of men for the actual assembling of men for the purpose of executing apurpose of executing a treasonable design by force| It must be

treasonable design by force| It must be with the intent to with the intent to overthrow the governmenoverthrow the government | t | It alsoIt also must be in collaboration with

must be in collaboration with foreign enemyforeign enemy 3. To be

3. To be charged with treason for adhering to the enemy, giving them aid charged with treason for adhering to the enemy, giving them aid and comfort thereand comfort there must be adherence (intent to

must be adherence (intent to betray); and aid and comfort (act betray); and aid and comfort (act which strengthens or tends towhich strengthens or tends to strengthen the enemy in the conduct of war

strengthen the enemy in the conduct of war or weakens or tends to weaken the or weakens or tends to weaken the power of thepower of the traitor's country to resist or attack

traitor's country to resist or attack the enemy, assistance as enemies not as individuals)the enemy, assistance as enemies not as individuals) 4. When the killings or

4. When the killings or other common crimes are charged as overt acts other common crimes are charged as overt acts of treason, theyof treason, they cannot be regarded as separate crimes or as

cannot be regarded as separate crimes or as complex crime of treason but are absorbed incomplex crime of treason but are absorbed in treason itself.

treason itself.

5. Treason cannot be proven by circumstantial evidence however strong it

5. Treason cannot be proven by circumstantial evidence however strong it may be. There aremay be. There are only 2 ways: 1) Testimony of 2 witnesses, at least, to the same overt act 2) Confession of the only 2 ways: 1) Testimony of 2 witnesses, at least, to the same overt act 2) Confession of the accused in open court

accused in open court

6. Adhering to the enemy may be

6. Adhering to the enemy may be proven by one witness, nature of the act proven by one witness, nature of the act itself anditself and circumstances surroundin

circumstances surrounding the g the actact 7. Aggravating circumstance in treason:

7. Aggravating circumstance in treason: Cruelty, IgnominyCruelty, Ignominy 8. In the eyes of the law, nothing will excuse that act of

8. In the eyes of the law, nothing will excuse that act of joining an enemy, but the fear ofjoining an enemy, but the fear of immediate deat; not the

immediate deat; not the fear of any inferior personal injury; nor the apprehension of anyfear of any inferior personal injury; nor the apprehension of any outrage upon property (People vs. Bagalawis)

outrage upon property (People vs. Bagalawis) 9. In treason, the purpose of the

9. In treason, the purpose of the offender is to deliver the offender is to deliver the offender to an enemy country oroffender to an enemy country or foreign power. In rebellion, there is no foreign power and

foreign power. In rebellion, there is no foreign power and the purpose of the rebels is the purpose of the rebels is toto substitute the government with their own form

substitute the government with their own form

115. Conspiracy

to commit

Treason

Conspiracy Conspiracy–– prision mayor prision mayor and a fine not and a fine not exceeding exceeding 10000 pesos 10000 pesos Proposal Proposal–– prision prision correctional and correctional and a fine not a fine not exceeding 5000 exceeding 5000 pesos pesos Any person Any person Conspiracy to commit Conspiracy to commit treason:treason: 1.

1. That there is a war that theThat there is a war that the Philippines is involved Philippines is involved 2.

2. When 2 or more persons come to anWhen 2 or more persons come to an agreement to commit treason and agreement to commit treason and 3.

3. They decided to commit itThey decided to commit it Proposal to commit Proposal to commit treason:treason: 1.

1. That there is war that the PThat there is war that the P hilippineshilippines is involved

is involved 2.

2. When a person has decided to commitWhen a person has decided to commit treason and

treason and 3.

3. Proposes its execution to anotherProposes its execution to another person

person

1.

1. When a person proposes to When a person proposes to commit treason to another and the commit treason to another and the other person acceptsother person accepts it, the crime of conspiracy to commit treason ensues

it, the crime of conspiracy to commit treason ensues 2.

2. Two witness rule is not required to prove guilt Two witness rule is not required to prove guilt for conspiracy to commit treasonfor conspiracy to commit treason

116. Misprision

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of Treason

treason (2treason (2 degrees lower) degrees lower) Any person Any person

allegiance to the government, and not allegiance to the government, and not a foreigner (citizen)

a foreigner (citizen) 2.

2. That he has knowledge of anyThat he has knowledge of any conspiracy to commit treason conspiracy to commit treason againstagainst the government

the government 3.

3. That he conceals or does not discloseThat he conceals or does not disclose or make known as soon as possible to or make known as soon as possible to the governor or fiscal of

the governor or fiscal of the provincethe province or mayor or fiscal of the city which he or mayor or fiscal of the city which he resides

resides

accessory to treason accessory to treason 2.

2. Article 20 does not apply because the Article 20 does not apply because the persons liable for this crime are treated aspersons liable for this crime are treated as principals principals

117.

117. Espionage

Espionage

Prision Prision correctional correctional–– any person any person Prision mayor Prision mayor–– public office or public office or employee employee

2 acts punishable for espionage (Reyes): 2 acts punishable for espionage (Reyes): 1.

1. By entering, without authorityBy entering, without authority therefor, any warship, fort, naval or therefor, any warship, fort, naval or military (WFNM) establishments or military (WFNM) establishments or reservation to obtain any information, reservation to obtain any information, plans, photographs, or other data of a plans, photographs, or other data of a confidential nature (IPPODCN) confidential nature (IPPODCN) relative to the defense of the relative to the defense of the Philippines

Philippines a.

a. Offender enters any Offender enters any warship,warship, fort, naval or military fort, naval or military establishment or

establishment or reservationreservation b.

b. He has no authority to enterHe has no authority to enter c.

c. His purpose by entering is toHis purpose by entering is to obtain information, plans, obtain information, plans, photographs or other data of photographs or other data of confidential nature relative to confidential nature relative to the defense of the Philippines the defense of the Philippines 2.

2. By being in By being in possession by reason of hepossession by reason of he holds, of the articles, data, or holds, of the articles, data, or information referred to in the information referred to in the preceding paragraph, discloses their preceding paragraph, discloses their contents to a representative of a contents to a representative of a foreign nation

foreign nation a.

a. The offender is a public officerThe offender is a public officer b.

b. The he has in his possession theThe he has in his possession the articles, data or

articles, data or informationinformation referred to in par 1 of A 117 by referred to in par 1 of A 117 by reason of the public office he reason of the public office he holds

holds c.

c. He discloses their contents to aHe discloses their contents to a representative of a foreign representative of a foreign nation

nation

1.

1. For the 1For the 1stst_{of espionage punished in article 117, it}_{of espionage punished in article 117, it is sufficient that the felon has the}_{is sufficient that the felon has the}

purpose of obtaining the data when he entered the warship, fort, naval or military purpose of obtaining the data when he entered the warship, fort, naval or military establishment even if he did not necessarily obtained them.

establishment even if he did not necessarily obtained them. 2.

2. Note: IF IN THE INFORMATION AN ACT SEEMS TO BE OF ESPIONAGE BUTNote: IF IN THE INFORMATION AN ACT SEEMS TO BE OF ESPIONAGE BUT NOT INCLUDED IN THE 2 GIVEN ACTS. Look in to Commonwealth Act No. 616 NOT INCLUDED IN THE 2 GIVEN ACTS. Look in to Commonwealth Act No. 616 –

– An Act to An Act to Punish Espionage and Other Offenses Against National Security. ThisPunish Espionage and Other Offenses Against National Security. This act punishes acts such as:

act punishes acts such as: a.

a. Unlawfully obtaining or permitting to Unlawfully obtaining or permitting to be obtained information affectingbe obtained information affecting national defense

national defense b.

b. Unlawful disclosing of information affecting national defense (In relation Unlawful disclosing of information affecting national defense (In relation toto paragraph 2 of article 117 where it must be

paragraph 2 of article 117 where it must be disclosed to a representative of adisclosed to a representative of a foreign nation)

foreign nation) c.

c. Disloyal acts or words in times of peaceDisloyal acts or words in times of peace d.

d. Disloyal acts or words in times of warDisloyal acts or words in times of war e.

e. Conspiracy to violate preceding Conspiracy to violate preceding sectionssections f.

f. Harboring or concealing violators of lawHarboring or concealing violators of law g.

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118.

118. Inciting war or

Inciting war or

giving motives

for reprisals

Reclusion Reclusion Temporal Temporal–– Public Officer Public Officer Prision Mayor Prision Mayor–– Any private Any private individual individual 1.

1. The offender performs unlawful orThe offender performs unlawful or unauthorized acts

unauthorized acts 2.

2. Such act provoke or give occasion forSuch act provoke or give occasion for a war involving the Philippines or a war involving the Philippines or exposes its citizens to reprisals on exposes its citizens to reprisals on their persons or property their persons or property

Own words: Own words: It is

It is committed when a citizen, through his unlawful committed when a citizen, through his unlawful or unauthorized act provokes oror unauthorized act provokes or causes to involve the Philippines to a

causes to involve the Philippines to a war or exposes the Filipino people to reprisals.war or exposes the Filipino people to reprisals. -Intention of the offender is immaterial

-Intention of the offender is immaterial

119.

119. Violation of

Violation of

neutrality

Prision Prision correctional correctional Any person Any person 1.

1. That there is a war in which theThat there is a war in which the Philippines is NOT

Philippines is NOT involvedinvolved 2.

2. That there is That there is a REGULATION issueda REGULATION issued by competent authority for the by competent authority for the purpose of enforcing neutrality purpose of enforcing neutrality 3.

3. Offender violates such regulationOffender violates such regulation

Own words: Own words:

Violation of neutrality is committed when any person who violates a regulation by Violation of neutrality is committed when any person who violates a regulation by competent authority to enforce neutrality pertaining to a war in which the Philippines competent authority to enforce neutrality pertaining to a war in which the Philippines is not involved is not involved

120.

120. Correspondence

Correspondence

with hostile

authority

Prision Prision correctional correctional11 Prision mayor Prision mayor 22 Reclusion Reclusion temporal temporal33 Reclusion Reclusion temporal to temporal to death death44 Any person Any person 1.

1. That it is in time of war in which theThat it is in time of war in which the Philippines is involved

Philippines is involved 2.

2. That the offender makesThat the offender makes correspond

correspondence with ence with an enemyan enemy country or territory occupied by country or territory occupied by enemy troops

enemy troops 3.

3. The correspondence is eitherThe correspondence is either a.

a. Prohibited by the Prohibited by the governmentgovernment b.

b. Made in ciphers or Made in ciphers or conventionalconventional signs

signs c.

c. Containing notice or informationContaining notice or information which might be useful to the which might be useful to the enemy

enemy

Own words: Own words: The crime of

The crime of correspondcorrespondence with hostile authority is ence with hostile authority is committed when any personcommitted when any person makes correspondenc

makes correspondence with an e with an enemy country or a enemy country or a territory occupied by the enemy,territory occupied by the enemy, during the time of war in

during the time of war in which the Philippines is involved, and that suchwhich the Philippines is involved, and that such correspondenc

correspondence is e is prohibited by the government, or made prohibited by the government, or made in ciphers or in ciphers or conventionalconventional signs, or containing notice or information which may be useful to the enemy signs, or containing notice or information which may be useful to the enemy -Even if the

-Even if the correspondcorrespondence contain innocent matters ence contain innocent matters if the correspondence has beenif the correspondence has been prohibited by the government, it is punishable

prohibited by the government, it is punishable -Correspond

-Correspondence with hostile authority through ciphers or ence with hostile authority through ciphers or conventional signs; or byconventional signs; or by giving notice or information which might be useful to the

giving notice or information which might be useful to the enemy need not beenemy need not be prohibited by the

prohibited by the governmentgovernment Qualified correspondenc

Qualified correspondence with hostile e with hostile territory, done by giving information which isterritory, done by giving information which is useful to the enemy and one

useful to the enemy and one which was intended to aid the enemy is punished withwhich was intended to aid the enemy is punished with the same penalty as treason

the same penalty as treason

121.

121. Flight to enemy

Flight to enemy

country

Arresto Mayor

Arresto Mayor According to sir, dead provisionAccording to sir, dead provision

122.

122. Piracy and

Piracy and

mutiny on the

Reclusion Reclusion perpetua perpetua

Two ways or modes of committing piracy Two ways or modes of committing piracy

1.

1. Attacking or seizing a vessel on theAttacking or seizing a vessel on the high seas and Philippine waters high seas and Philippine waters 2.

2. Seizing in the vessel while on theSeizing in the vessel while on the

Own words: The crime of piracy is committed when a person, who is not a member of Own words: The crime of piracy is committed when a person, who is not a member of the complement or a passenger of the vessel, attacked or seized a vessel or seized t the complement or a passenger of the vessel, attacked or seized a vessel or seized t hehe whole or part of its cargo, its equipment or

whole or part of its cargo, its equipment or personal belongings of its complement orpersonal belongings of its complement or the passengers in the high seas and Philippine waters

the passengers in the high seas and Philippine waters

People vs. People vs. Catantan (PD Catantan (PD 532) 532) People vs. People vs. 1 1

correspondence prohibited by government correspondence prohibited by government

2 2

correspondence be carried on in ciphers or conventional signs correspondence be carried on in ciphers or conventional signs

3 3

notice or information useful to th notice or information useful to th e enemye enemy

4 4

intended to aid the enemy by giving notice or information intended to aid the enemy by giving notice or information

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high seas or in

Philippine

waters

high seas the whole or part of its high seas the whole or part of its cargo, its equipment or cargo, its equipment or personalpersonal belongings of its complement or belongings of its complement or passengers.

passengers. Elements of piracy: Elements of piracy:

1.

1. The vessel is on the high The vessel is on the high seas;seas; 2.

2. That the offenders are not That the offenders are not membersmembers of its complement or passengers of of its complement or passengers of the vessel

the vessel 3.

3. That the offender (a) attack or siezeThat the offender (a) attack or sieze that vessel or (b) seize the that vessel or (b) seize the whole orwhole or part of the cargo of said vessel, its part of the cargo of said vessel, its equipment or personal belongings of equipment or personal belongings of its complement

its complement

Article 122 of the RPC

Article 122 of the RPC also provides for the punishment for acts of mutiny on the highalso provides for the punishment for acts of mutiny on the high seas. Mutiny on the high seas is committed when there is

seas. Mutiny on the high seas is committed when there is an act of unlawful resistancean act of unlawful resistance to a superior officer or there is raising of commotions and disturbance on board a ship to a superior officer or there is raising of commotions and disturbance on board a ship against the authority of its commander

against the authority of its commander Note: When the offender is a member of

Note: When the offender is a member of the complement or passenger of the vesselthe complement or passenger of the vessel and there is violence against or intimidation of persons or force upon things in taking and there is violence against or intimidation of persons or force upon things in taking the property of the vessel; its robbery; if

the property of the vessel; its robbery; if the offender is an outsider its robberythe offender is an outsider its robbery In piracy, the persons who attacked the vessel or seized its cargo are strangers to a In piracy, the persons who attacked the vessel or seized its cargo are strangers to a vessel; while in mutiny, they are either

vessel; while in mutiny, they are either the crew or passengers. In piracy, there isthe crew or passengers. In piracy, there is intent to gain. In

intent to gain. In mutiny, the intent is to mutiny, the intent is to usurp or undermine the authority of theusurp or undermine the authority of the commander.

commander. Piracy in PD532

Piracy in PD532–– Members of the crew may also be Members of the crew may also be liableliable

Siyoh Siyoh55

123.

123. Qualified piracy

Qualified piracy

Reclusion Reclusion perpetua to perpetua to death death Elements of piracy Elements of piracy Qualifying

Qualifying circumstanccircumstances:es:

Whenever the offenders seized the vessel Whenever the offenders seized the vessel by boarding or firing upon the same by boarding or firing upon the same Whenever the crime is

Whenever the crime is accompanied byaccompanied by murder, homicide, physical injuries or murder, homicide, physical injuries or rape

rape

Whenever the pirates have abandoned Whenever the pirates have abandoned their victims without means of their victims without means of savingsaving themselves

themselves

Addendum RA 6235

Addendum RA 6235–– Acts inimical to civil aviation Acts inimical to civil aviation

Crime against fundamental law of the state (124-133) (vs public officers)

124.

124. Arbitrary

Arbitrary

Detention

Arresto Mayor Arresto Mayor 66 Prision Prision Correccional Correccional77 Prision Mayor Prision Mayor 88 Prision Prision 1.

1. Offender is a public officer orOffender is a public officer or employee (person in authority or employee (person in authority or agent in authority)

agent in authority) 2.

2. The public officer or The public officer or employee detainsemployee detains a person

a person 3.

3. The detention is without The detention is without legal groundslegal grounds

Own word: The crime of

Own word: The crime of arbitrary detention is committed by public arbitrary detention is committed by public officers who, areofficers who, are authorized to detain or order detainment of person but did so without legal grounds authorized to detain or order detainment of person but did so without legal grounds1010_..

Arrest without warrant is the

Arrest without warrant is the usual cause of arbitrary detentionusual cause of arbitrary detention Arrest without warrant is lawful:

Arrest without warrant is lawful:

5 5

Qualified piracy is a special complex crime punishable by reclusion perpetua to death, regardless of the number of victims. The number of persons killed on Qualified piracy is a special complex crime punishable by reclusion perpetua to death, regardless of the number of victims. The number of persons killed on the occasion of piracy is not material. PD 532 considers qualified piracy i.e rape, murder, or homicide is committed as a result or on the occasion of piracy, as a the occasion of piracy is not material. PD 532 considers qualified piracy i.e rape, murder, or homicide is committed as a result or on the occasion of piracy, as a special complex crime punishable by death, regardless of victims

special complex crime punishable by death, regardless of victims

6 6

If detention has not exceeded 3 days If detention has not exceeded 3 days

7 7

If the detention has continued more than three but not more than fifteen days If the detention has continued more than three but not more than fifteen days

8 8

More than 15 days but not more than 6 months More than 15 days but not more than 6 months

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Correccional

Correccional99 _1._1. _{When the person to be}_{When the person to be arrested has committed, is actually committing}_{arrested has committed, is actually committing, or is}_{, or is}

about to commit an offense in his about to commit an offense in his presencepresence 2.

2. When an offense has in fact have been committed, and the public officerWhen an offense has in fact have been committed, and the public officer has reasonable ground to believe that the person to be

has reasonable ground to believe that the person to be arrested hasarrested has committed it

committed it 3.

3. When the person to be When the person to be arrested is a prisoner who has escaped from a penalarrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily establishment or place where he is serving final judgment or temporarily confined while his case is

confined while his case is pending, or has escaped while being pending, or has escaped while being transferredtransferred from one confinement to

from one confinement to anotheranother

The public officer liable for arbitrary detention must be vested with authority to detain The public officer liable for arbitrary detention must be vested with authority to detain or order detention of person accused of a crime, but when they detain a

or order detention of person accused of a crime, but when they detain a person theyperson they have no legal grounds for

have no legal grounds for (if no authority, usurpation of authority?)(if no authority, usurpation of authority?) When the offense was not committed in the presence of

When the offense was not committed in the presence of the peace officer he should actthe peace officer he should act upon a well-grounded appearance of guilt patent to his senses

upon a well-grounded appearance of guilt patent to his senses

No reasonable ground if officer only wants to know the commission of the crime No reasonable ground if officer only wants to know the commission of the crime A prisoner who escaped can be arrested without a warrant not only by authorities but A prisoner who escaped can be arrested without a warrant not only by authorities but also by any private person (Salonga vs. Holland citing rules of court)

also by any private person (Salonga vs. Holland citing rules of court) The crime of

The crime of arbitrary detention can be committed through imprudence (People arbitrary detention can be committed through imprudence (People vs.vs. Misa)

Misa)

The law does not fix any minimum period of

The law does not fix any minimum period of detention (US vs. Braganza less than halfdetention (US vs. Braganza less than half an hour, US vs. Agravante detention was only for one hour)

an hour, US vs. Agravante detention was only for one hour)

125.

125. Delay in the

Delay in the

delivery of

detained

persons

1.

1. That the offender is a public officer orThat the offender is a public officer or employee

employee 2.

2. That the offender detained a That the offender detained a personperson for some legal grounds

for some legal grounds 3.

3. That he fails to deliver such person toThat he fails to deliver such person to proper authority within:

proper authority within: a.

a. 12 hours if he is 12 hours if he is detained fordetained for crimes or offenses punishable by crimes or offenses punishable by light penalties or their equivalent light penalties or their equivalent b.

b. 18 hours for crimes or offenses18 hours for crimes or offenses punishable by correctional punishable by correctional penalties or their equivalent penalties or their equivalent

Own words: The crime of delay in the delivery of detained person is

Own words: The crime of delay in the delivery of detained person is committed bycommitted by public officer or employee who detains a person for some ground but fails to public officer or employee who detains a person for some ground but fails to deliverdeliver such person to the proper court authority within 12 hours if the

such person to the proper court authority within 12 hours if the crime or offenses iscrime or offenses is punishable by light penalty, 18 hours if

punishable by light penalty, 18 hours if the crime or offenses is punishable bythe crime or offenses is punishable by correctional penalty, and 36 hours if the crime or offenses is punishable by capital correctional penalty, and 36 hours if the crime or offenses is punishable by capital offense or afflictive penalties.

offense or afflictive penalties.

If the offender who arrested is a private person, and he fails to

If the offender who arrested is a private person, and he fails to comply with thecomply with the requirement provided in art 125, he shall be

requirement provided in art 125, he shall be liable for illegal detention (People vs. Saliliable for illegal detention (People vs. Sali et. Al.)

et. Al.)

If arrest was made

If arrest was made without legal groundwithout legal ground–– its arbitrary detention its arbitrary detention

Espanol vs. Espanol vs. Mupas Mupas Sayo vs. Chief Sayo vs. Chief of Police of of Police of Manila Manila 10 10

When he has not committed a crime or at least there is no reasonable ground of suspicion that he has committed a crime or when he is not suffering from When he has not committed a crime or at least there is no reasonable ground of suspicion that he has committed a crime or when he is not suffering from violent insanity or any other ailment requiring compulsory confinement

violent insanity or any other ailment requiring compulsory confinement

9 9

Exceeded six onths Exceeded six onths

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c.

c. 36 hours for crimes 36 hours for crimes punishablepunishable by capital punishment or by capital punishment or afflictive penalties or equivalent afflictive penalties or equivalent

Article 125 does not apply when the arrest is virtue of a warrant

Article 125 does not apply when the arrest is virtue of a warrant because there isbecause there is already a complaint and information filed against

already a complaint and information filed against him in court who ihim in court who i ssued the warrantssued the warrant of arrest and it is

of arrest and it is not necessary to deliver that arrested person to courtnot necessary to deliver that arrested person to court

The duty of officer arresting without warrant is to deliver the person arrested to the The duty of officer arresting without warrant is to deliver the person arrested to the proper court or judge. Proper

proper court or judge. Proper judicial authorities means courts of justice or judicial authorities means courts of justice or judges ofjudges of said courts vested with judicial power

said courts vested with judicial power to order temporary detention or confinement ofto order temporary detention or confinement of a person charged with having committed a public offense. In the province the duty of a person charged with having committed a public offense. In the province the duty of officer arresting is to deliver them to the

officer arresting is to deliver them to the municipal judge. In Cities, the duty of officermunicipal judge. In Cities, the duty of officer arresting is to deliver them to city

arresting is to deliver them to city fiscalfiscal Failure to deliver in article 125 doesn’t

Failure to deliver in article 125 doesn’t necessarily mean physical delivery but innecessarily mean physical delivery but in making an accusation or charge or filing

making an accusation or charge or filing of an information against the person of an information against the person arrestedarrested with the court or judge

with the court or judge

In determining the liability of officer detaining a

In determining the liability of officer detaining a person beyond legal period, theperson beyond legal period, the following circumstances will be considered: (1) means of

following circumstances will be considered: (1) means of communicatiocommunication, (2) n, (2) hours ofhours of arrest and (3) other circumstances such as the material possibility for the fiscal to make arrest and (3) other circumstances such as the material possibility for the fiscal to make the investigation and file in time

the investigation and file in time the necessary information, must be taken intothe necessary information, must be taken into consideration

consideration

In Lino vs. Fuguso it was held

In Lino vs. Fuguso it was held that the failure of arresting officer to deliver the personthat the failure of arresting officer to deliver the person arrested to the judicial authority within the time specified does not affect the legality arrested to the judicial authority within the time specified does not affect the legality of the confinement of the petioner who is

of the confinement of the petioner who is detained because the warrant was issued bydetained because the warrant was issued by a competent court when information was filed. Violation against Art. 125 is not a competent court when information was filed. Violation against Art. 125 is not considered as one of the grounds on which one can predicate a motion to quash. considered as one of the grounds on which one can predicate a motion to quash. Fiscal is not liable unless he

Fiscal is not liable unless he orders detentionorders detention

126.

126. Delaying

Delaying

release

Most likely Most likely warden or warden or jailers jailers

Three acts punishable under Art. 126 Three acts punishable under Art. 126 1.

1. By delaying the performance of aBy delaying the performance of a judicial or

judicial or executive ordexecutive order for theer for the release of a

release of a prisonerprisoner 2.

2. By unduly delaying the service ofBy unduly delaying the service of notice of such order to said prisoner notice of such order to said prisoner 3.

3. By unduly delaying the By unduly delaying the proceedingsproceedings upon any petition for the liberation of upon any petition for the liberation of such persons

such persons Elements: Elements: 1.

employee 2.

2. That there is a judicial or executiveThat there is a judicial or executive order for the release of a prisoner or order for the release of a prisoner or

Own words: The crime of delaying release is committed by any public officer or Own words: The crime of delaying release is committed by any public officer or employee who, where there is judicial or executive order for the release of a prisoner employee who, where there is judicial or executive order for the release of a prisoner or that there is a

or that there is a proceeding upon a petition for the liberation of such person, delaysproceeding upon a petition for the liberation of such person, delays the service of notice of the

the service of notice of the judicial order or the performance of such order for thejudicial order or the performance of such order for the release of the prisoner or the proceeding for the liberation of

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detention prisoner, or that there is a detention prisoner, or that there is a proceeding upon a petition for the proceeding upon a petition for the liberation of such person liberation of such person 3.

3. That the offender without good reasonThat the offender without good reason delays the (1) service of the notice of delays the (1) service of the notice of such judicial order (2) the

such judicial order (2) the performance of such judicial or performance of such judicial or executive order for the release of the executive order for the release of the prisoner or (3) the proceedings upon a prisoner or (3) the proceedings upon a petition for the release of such person petition for the release of such person KEY WORDS: Performance, Service of KEY WORDS: Performance, Service of Notice, Proceedings upon a petition Notice, Proceedings upon a petition

127.

127. Expulsion

Expulsion

Prision Prision Correctional Correctional Acts: Acts:

Expelling a person from the Philippines Expelling a person from the Philippines Compelling a person to

Compelling a person to change his addresschange his address Elements:

Elements: 1.

1. That the officer is a public officer orThat the officer is a public officer or employee

employee 2.

2. That he expels a person from theThat he expels a person from the Philippines or compel another person Philippines or compel another person to change his address

to change his address 3.

3. That the offender is That the offender is not authorized tonot authorized to do so by law

do so by law

The crime of expulsion is committed by any public

The crime of expulsion is committed by any public officer or employee, who withoutofficer or employee, who without authority by law, expels a person from the country or compels a person to

authority by law, expels a person from the country or compels a person to change hischange his address.

address.

Only the President has the power to Only the President has the power to deportdeport Only the court by final

Only the court by final judgment can order a person to change his addressjudgment can order a person to change his address

128.

128. Violation of

Violation of

domicile

Prision Prision Correctional in Correctional in its minimum its minimum period period Prision Prision correctional in correctional in its medium and its medium and maximum maximum perios perios Acts punishable: Acts punishable: 1.

1. Entering any dwelling against the willEntering any dwelling against the will of the owner

of the owner 2.

2. Searching papers or other effectsSearching papers or other effects found therein without the consent of found therein without the consent of such owner

such owner 3.

3. Refusing to leave the premises, afterRefusing to leave the premises, after having surreptitiously entered said having surreptitiously entered said dwelling and after having been dwelling and after having been required to leave the same required to leave the same Elements:

Elements: 1.

1. The offender is a public officer orThe offender is a public officer or employee

employee 2.

2. That he is not authorized by judicialThat he is not authorized by judicial order to enter the dwelling and or to order to enter the dwelling and or to make search therein the paper make search therein the paper oror effects

effects

Own words: The crime of violation of domicile is committed by any public officer or Own words: The crime of violation of domicile is committed by any public officer or employee who enters a dwelling or search papers or effects therein provide he is not employee who enters a dwelling or search papers or effects therein provide he is not authorized to do so by a proper judicial order

authorized to do so by a proper judicial order Qualifying

Qualifying circumstanccircumstanceses–– if committed in if committed in the night time and if any the night time and if any papers or effectspapers or effects not constituting evidence of a crime are not

not constituting evidence of a crime are not returned immediately after the searchreturned immediately after the search made by the offender

made by the offender

129.

In addition toIn addition to Acts punishable:Acts punishable: 1.

1. By procuring a search warrantBy procuring a search warrant

Requisites of a search warrant: A search warrant shall not issue but (1) upon probable Requisites of a search warrant: A search warrant shall not issue but (1) upon probable cause (2) in connection with the specific offense (3)

(8)

Search warrants

maliciously

obtained and

abuse in the

service of those

legally obtained

the liability the liability attaching to the attaching to the offender for the offender for the commission of commission of any other any other offense the offense the penalty of penalty of arresto mayor arresto mayor in its maximum in its maximum period to period to prision prision correccional in correccional in its minimum its minimum period and a period and a fine not fine not exceeding 1,000 exceeding 1,000 pesos pesos

without just cause without just cause 2.

2. By exceeding his authority orBy exceeding his authority or by using

by using unnecessary severityunnecessary severity in executing a

in executing a search warrantsearch warrant legally procured

legally procured Elements of procuring a

Elements of procuring a search warrantsearch warrant without cause

without cause 1.

1. That the offender is a publicThat the offender is a public officer or employee officer or employee 2.

2. That he procures a searchThat he procures a search warrant

warrant 3.

3. That there is no just That there is no just causecause Elements of exceeding authority or Elements of exceeding authority or usingusing unnecessary severity in executing a unnecessary severity in executing a searchsearch warrant legally procured

warrant legally procured 1.

2. That he has legally procured aThat he has legally procured a search warrant

search warrant 3.

3. That he exceeds his authorityThat he exceeds his authority or uses unnecessary severity in or uses unnecessary severity in executing the same

executing the same

after examination under oath or affirmation of

after examination under oath or affirmation of the complainant and the witnesses hethe complainant and the witnesses he may produce (5) particularly describing the place to be search or the person or t may produce (5) particularly describing the place to be search or the person or t hingshings to be seized. No search warrant shall issue for more than one offense

to be seized. No search warrant shall issue for more than one offense Search of house, room, or premises to be made in presence of Search of house, room, or premises to be made in presence of witnesswitness A search warrant is valid for 10 days from its date

A search warrant is valid for 10 days from its date Must issue a receipt regarding the thing seized if

Must issue a receipt regarding the thing seized if there is no person, he must leave athere is no person, he must leave a receipt in the place

receipt in the place in which he found the seized propertyin which he found the seized property Probable cause

Probable cause–– Oath required must refer t the Oath required must refer t the truth of the facts within the personaltruth of the facts within the personal knowledge of the applicant for

knowledge of the applicant for search warrant or his witnesses.search warrant or his witnesses. “In addition to the

“In addition to the liability attaching to the offender for the commission of anyliability attaching to the offender for the commission of any offense” –

offense” – The public officers procuring a search warrant without just ause may also be The public officers procuring a search warrant without just ause may also be held liable for perjury if they made a

held liable for perjury if they made a willful and deliberate assertion of falsehood inwillful and deliberate assertion of falsehood in the affidavits filed in

the affidavits filed in support of the application for support of the application for search warrantsearch warrant Search and seizure without search warrant of vessels and

Search and seizure without search warrant of vessels and air crafts for violation ofair crafts for violation of customs laws have been traditional exception to

customs laws have been traditional exception to the constitutional requirement of athe constitutional requirement of a search warrant.

search warrant.–– (Roldan etc. and the Philippine Navy vs. Hon. Arc etc. et (Roldan etc. and the Philippine Navy vs. Hon. Arc etc. et al)al)

Stonehill vs. Diokno

Stonehill vs. Diokno (Fishing expedition)(Fishing expedition)

130.

130. Searching

Searching

domicile

without witness

Arresto mayor Arresto mayor in its medium in its medium and maximum and maximum period period 1.

employee 2.

2. That he is armed with search warrantThat he is armed with search warrant legally procured

legally procured 3.

3. That he searches the domicile, papersThat he searches the domicile, papers and other belongings of any and other belongings of any personperson 4.

4. That the owner, or any member of hisThat the owner, or any member of his family, or two witnesses residing in family, or two witnesses residing in the same locality is not present the same locality is not present

The public officer is authorized to search in article 130 The public officer is authorized to search in article 130

131.

131. Prohibition,

Prohibition,

interruption

and dissolution

of peaceful

The penalty of The penalty of prision prision correctional in correctional in its minimum its minimum period period 1.

2. That, without legal ground, he:That, without legal ground, he: a.

a. Hindered or prohibitedHindered or prohibited the holding of a peaceful the holding of a peaceful meeting or shall dissolve meeting or shall dissolve the same

the same

Criterias to determine if article 131 would be Criterias to determine if article 131 would be violated:violated:

1.

1. Dangerous tendency ruleDangerous tendency rule 2.

2. Clear and present danger ruleClear and present danger rule It is important that the

It is important that the meeting is peaceful and there is no meeting is peaceful and there is no legal ground for prohibiting,legal ground for prohibiting, dissolving or interrupting the meeting

(9)

meetings

b.b. Or hinder any personOr hinder any person

from joining any lawful from joining any lawful association or attending association or attending any of its meetings any of its meetings c.

c. Prohibit a person, eitherProhibit a person, either alone or together with alone or together with others, any petition to the others, any petition to the authority for the authority for the correction of abuses and correction of abuses and redress of grievances redress of grievances

Rules: Rules:

Offender must be a stranger and not a

Offender must be a stranger and not a participant in the peaceful meeting otherwise itparticipant in the peaceful meeting otherwise it is unjust vexation

is unjust vexation

Interrupting a legislative meeting is not

Interrupting a legislative meeting is not punished in this articlepunished in this article

Holding of peaceful meeting must comply with ordinances therefore if there is an Holding of peaceful meeting must comply with ordinances therefore if there is an ordinance requiring permits for meetings in public places then such permit is ordinance requiring permits for meetings in public places then such permit is requiredrequired