Crime Againts Funtamental Law

Question 1

What are the Elements of Arbitrary Detention

Answer 1

o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground

Question 2

How do you distinguish this from kidnapping?

Answer 2

o Arbitrary detention: public officer or employee vested with authority to arrest or detain another person detains another without any lawful cause.

o Kidnapping: offender is a private person

Question 3

May a private person be liable for arbitrary detention?

Answer 3

o Yes, but only if the private individual connives with the person in authority.

Question 4

What do you mean by detention?

Answer 4

Psychological restraint and not just physical restraint is enough for this provision, in whatever form, for whatever length of time.

Question 5

Under the HSA, may a person be arrested for act of terrorism, and for how long must the arrested person be detained?

Answer 5

Maximum of three days

Question 6

May there be a complex crime of arbitrary detention with PI?

Answer 6

o Yes. This happens when there is excessive force in the arrest

Question 7

What is ARBITRARY DETENTION THROUGH DELAY IN DELIVERY OF PRISONERS TO JUDICIAL AUTHORITIES?

Answer 7

 Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial authorities within proper time period

Question 8

What about delay in delivery of a person arrested lawfully by a private person?

Answer 8

Delay in delivery of a prisoner arrested lawfully by a private person amounts to ILLEGAL DETENTION, not arbitrary detention.

Question 9

If there was no warrant of arrest or commitment order, but the information or complaint was filed, is there delivery?

Answer 9

Yes

Question 10

To whom must the detainee be delivered?

Answer 10

MTC, RTC, Family Court, or SB

Question 11

What is delivery to judicial authorities?

Answer 11

Means constructive delivery, which is time the appropriate complaint or information is filed, with the court for appropriate judicial proceedings.

Question 12

What is ARBITRARY DETENTION THROUGH DELAY IN RELEASE

Answer 12

1. Officer delays release of arrested person (either convict or detention prisoner) beyond period provided.
   o 2. Unduly delays service of notice of such order to the prisoner

Question 13

When is one liable for expulsion?

Answer 13

He must use force, violence, or other measures to compel another to change his residence against his will

Question 14

Who can Who can commit this crime of expulsion?

Answer 14

Can only be done by public officers or employees.

Question 15

What is the power of the President to deport?

Answer 15

With respect to aliens, with respect to the Deportation Board, the President has the power to deport aliens

Question 16

When can Violation of Domicile be violated?

Answer 16

May be violated through 3 modes:
o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave

Question 17

Is it possible that the consent of the owner of the house is denied impliedly, and not expressly?

Answer 17

Yes. It may be implied or express, in spite of the law’s language

Question 18

What are the acts punishable on SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF WARRANT LAWFULLY OBTAINED

Answer 18

o 1. Procuring search warrant without just cause

o 2. Exceeding authority or using unnecessary severity in executing legal search warrant

Question 19

When a public officer obtains maliciously a search warrant by submitting a perjurious affidavit or deposition, what is the crime commited?

Answer 19

there are TWO crimes committed
 1. Perjury; and
 2. Procurement of malicious search warrant

Question 20

If officer knew deposition was false, but still submitted it to obtain warrant, what are the crimes?

Answer 20

o 1. Procurement of malicious search warrant

o 2. Art. 184 – offering false testimony in evidence

Question 21

When is PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS

Answer 21

1. Prohibiting/interrupting/dissolving peaceful meeting without legal ground
    If the meeting is not peaceful, it can be broken up
   o 2. Hindering persons from joining lawful association or preventing them from attending
   o 3. Prohibiting or hindering persons from petitioning to authorities for correction of abuses or grievances

Question 22

Who can commit the crime of peaceful meetings

Answer 22

Only committed by public officers.

Question 23

What if it is committed by a member of the meeting?

Answer 23

o It’s not interruption of peaceful meeting. It must be done by a stranger to the meeting.
o If done by a member of the meeting, it is unjust vexation