Crime Againts Funtamental Law Flashcards
What are the Elements of Arbitrary Detention
o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground
How do you distinguish this from kidnapping?
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
May a private person be liable for arbitrary detention?
o Yes, but only if the private individual connives with the person in authority.
What do you mean by detention?
Psychological restraint and not just physical restraint is enough for this provision, in whatever form, for whatever length of time.
Under the HSA, may a person be arrested for act of terrorism, and for how long must the arrested person be detained?
Maximum of three days
May there be a complex crime of arbitrary detention with PI?
o Yes. This happens when there is excessive force in the arrest
What is ARBITRARY DETENTION THROUGH DELAY IN DELIVERY OF PRISONERS TO JUDICIAL AUTHORITIES?
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
What about delay in delivery of a person arrested lawfully by a private person?
Delay in delivery of a prisoner arrested lawfully by a private person amounts to ILLEGAL DETENTION, not arbitrary detention.
If there was no warrant of arrest or commitment order, but the information or complaint was filed, is there delivery?
Yes
To whom must the detainee be delivered?
MTC, RTC, Family Court, or SB
What is delivery to judicial authorities?
Means constructive delivery, which is time the appropriate complaint or information is filed, with the court for appropriate judicial proceedings.
What is ARBITRARY DETENTION THROUGH DELAY IN RELEASE
- 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
When is one liable for expulsion?
He must use force, violence, or other measures to compel another to change his residence against his will
Who can Who can commit this crime of expulsion?
Can only be done by public officers or employees.
What is the power of the President to deport?
With respect to aliens, with respect to the Deportation Board, the President has the power to deport aliens
When can Violation of Domicile be violated?
May be violated through 3 modes:
o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave
Is it possible that the consent of the owner of the house is denied impliedly, and not expressly?
Yes. It may be implied or express, in spite of the law’s language
What are the acts punishable on SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF WARRANT LAWFULLY OBTAINED
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in executing legal search warrant
When a public officer obtains maliciously a search warrant by submitting a perjurious affidavit or deposition, what is the crime commited?
there are TWO crimes committed
1. Perjury; and
2. Procurement of malicious search warrant
If officer knew deposition was false, but still submitted it to obtain warrant, what are the crimes?
o 1. Procurement of malicious search warrant
o 2. Art. 184 – offering false testimony in evidence
When is PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS
- 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
Who can commit the crime of peaceful meetings
Only committed by public officers.
What if it is committed by a member of the meeting?
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
