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Criminal Law 2 > Crimes against the Fundamental Laws of the State > Flashcards

Crimes against the Fundamental Laws of the State Flashcards

1) Arbitrary detention 2) Delay in delivery of detained persons to proper judicial authorities 3) Delaying release 4) Expulsion 5) Violation of domicile 6) Search warrants maliciously obtained and abuse legally obtained 7) searching domicile without witnesses 8) Prohibition, interruption, dissolution of peaceful meetings 9) interruption of religious worship 10) offending religious feelings

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1
Q

What are crimes against fundamental laws of the State?

A

LIBERTY

1) Arbitrary detention
2) Delay in delivery of detained persons to proper judicial authorities
3) Delaying release

RIGHT TO ABODE
4) Expulsion

UNREASONABLE SEARCHES

5) Violation of domicile
6) Search warrants maliciously obtained and abuse legally obtained
7) searching domicile without witnesses

FREEDOM OF SPEECH
8) Prohibition, interruption, dissolution of peaceful meetings

FREE EXERCISE

9) interruption of religious worship
10) offending religious feelings

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2
Q

Classes of arbitrary detention

A

1) arbitrary detention by detaining a person WITHOUT LEGAL GROUNDS
2) delay in DELIVERY OF DETAINED PERSONS to proper judicial authority
3) delay in RELEASE

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3
Q

Legal grounds for detention of any person

A

1) commission of a crime
2) violent insanity
3) other ailment requiring compulsory confinement in a hospital

  • no legal ground if:
  • not committed any crime or NO REASONABLE GROUND FOR SUSPICION that he has committed a crime
  • not suffering from violent insanity or any other ailment
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4
Q

Examples of people with authority to detain or order detention

A

1) policemen
2) other agents of the law
3) judges
4) mayors
5) barangay captain
6) municipal councilor

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5
Q

If public officer is without authority to detain and detains without legal grounds, what is the crime?

Private individual

A

illegal detention

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6
Q

Detention

A

Actual confinement in an enclosure, or in any manner depriving him of his liberty

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7
Q

Person is detained

A

He is placed in a CONFINEMENT or there is a RESTRAINT on his person

*even if could move freely in and out of prison cell and take meals outside prison, but under surveillance and could not escape for fear of being apprehended = arbitrary detention

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8
Q

Usual cause for arbitrary detention

A

Arrest without warrant

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9
Q

When is arrest without warrant by a PEACE OFFICER or PRIVATE person allowed?

A

IN FLAGRANTE DELICTO
1) When, IN HIS PRESENCE*, person arrested HAS COMMITTED, is ACTUALLY COMMITTING, or is ATTEMPTING to commit an offense

2) When an offense has in fact JUST BEEN COMMITTED, and he has PROBABLE CAUSE to believe based on PERSONAL KNOWLEDGE of facts and circumstances that the person to be arrested has committed it

ESCAPING PRISONERS
3) Person to be arrested is a PRISONER WHO HAS ESCAPED from an penal establishment where he is serving final judgment or temporarily confined while his case is pending; or has escaped while being transferred from one confinement to another

  • in his presence = sees or hears
  • probable cause = actual belief or reasonable grounds for suspicion; must NOT be based on mere hearsay!
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10
Q

What does “in his presence” mean?

A

Officer:

1) sees the offense being committed, although at a distance
2) hears the disturbance and proceeds at once to the scene
3) offense is continuing or has not been consummated at the time the arrest is made

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11
Q

What does probable cause mean?

A

Actual belief or reasonable grounds for suspicion;

such facts and circumstances which could lead a reasonable and prudent man to believe that an offense has been committed and the object sought in connection with the offense are in the place sought to be searched

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12
Q

The legality of the detention of a person does not depend upon the actual commission of a crime by him, but upon the NATURE OF HIS DEED when its characterization as a crime may be reasonably be inferred by the officer to whom the law AT THE MOMENT leaves the decision for the urgent purpose suspending the liberty of that person

A

US v Sanchez

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13
Q

Police officer cannot make an arrest on mere complaint of the offended party. It must be…

A

upon the filing of complaint with the city fiscal or justice of peace

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14
Q

Can arbitrary detention be committed through imprudence?

A

YES

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15
Q

Law does not fix any minimum period of detention

A

it can be less than half an hour or one hour

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16
Q

Delay in delivery if committed by a private person, what is the crime?

A

illegal detention

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17
Q

When does delay in delivery of detained persons not applicable?

A

If arrest is by virtue of a warrant of arrest;

because there is already a complaint or information filed against him with the court

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18
Q

Delivery of detained persons means..

A

not physical delivery, but making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge

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19
Q

Duty of officer is deemed complied upon…

A

the filing of the complaint with the judicial authority

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20
Q

Proper judicial authorities means..

A

courts of justices vested with judicial power to order the temporary detention

Supreme Court and inferior courts established by law

does NOT include fiscal because they cannot issue a warrant of arrest

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21
Q

What if judge is not available?

A

If maximum hour is reached and judge is not available, duty bound to release the detained person

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22
Q

Circumstances considered in determining liability of officer for detaining beyond the legal period

A

1) means of communication
2) hour of arrest
3) other circumstances (i.e. time of surrender, material possibility for fiscal to make investigation and file in time the necessary information)

Exempting #7: Prevented by lawful or insuperable cause

23
Q

Illegality of detention is NOT CURED by the subsequent filing of information in court because…

A

violation has already been committed before the information was filed

24
Q

Difference of Arbitrary Detention v. Delay in Delivery

A

ARBITRARY
Detention is ILLEGAL from the beginning

DELAY IN DELIVERY
Detention is LEGAL from the beginning, but ILLEGALITY starts from the expiration of periods specified

25
Q

Period of delay in delivery for suspected terrorists and conspiracy…

A

within 3 days BUT…

judge must be notified first before a suspected terrorist is detained; that is presented to him personally at any time of day or night

26
Q

3 acts punished in delay of release

A

1) delaying the PERFORMANCE of judicial or executive order for the release (Warden)
2) unduly delaying the SERVICE OF THE NOTICE of such order to said prisoner (Messenger)
3) unduly delaying the PROCEEDINGS upon any petition for liberation of such person (Lawyer)

  • there is delay when judicial order is received by PROPER PERSON
  • there is delay in proceedings when they have to COMPLY
27
Q

2 acts punishable in expulsion

A

1) expelling from PH

2) compelling to change his residence

28
Q

Who can authorize a person to change his residence?

A

Court by final judgement, through expropriation, ejectment proceedings, destierro

29
Q

3 Acts punishable under Violation of Domicile

A

1) by ENTERING any dwelling AGAINST THE WILL (express or implied opposition) of owner (entry is not lawful)
2) SEARCHING papers or other effects found in dwelling WITHOUT PREVIOUS CONSENT (entry is lawful, but search is not)

3) REFUSING TO LEAVE premises after having SURREPTITIOUSLY ENTERED said dwelling and after having been REQUIRED TO LEAVE the same
* what is punished is refusal to leave, not the secret entrance

30
Q

Crime for violation of domicile by a private individual

A

Trespass to Dwelling

31
Q

Against the will means..

A

opposition or prohibition of owner; EXPRESS or IMPLIED

not punishable if only without consent (since there is no opposition)

32
Q

Right of officer to break into building

A

With warrant or without warrant…. after announcing his authority and still refused admittance

33
Q

What does search mean?

A

LOOKING at sala or kitchen = NOT search

INSPECTING jars and basket = search

“to go over or look through for the purpose of finding something; to examine”

34
Q

When is search of papers without previous consent not applicable?

A

If OUTSIDE the dwelling… so crime is…

Grave coercion if with violence
Unjust vexation if without violence or intimidation

35
Q

2 acts punishable in connection with search warrants

A

1) procuring search warrant WITHOUT JUST CAUSE*
* even if perjury is a necessary means for committing this, they CANNOT FORM A COMPLEX CRIME. they are separate crimes!!!

2) EXCEEDING HIS AUTHORITY or USING UNNECESSARY SEVERITY in executing a search warrant legally procured

36
Q

search warrant

A

an order in writing issued in the name of People of the PH, signed by a judge and directed t a peace officer, commanding him to search for personal property described therein and bring it before the court

37
Q

Search warrant may be issued for search and seizure of the following personal property:

A

1) subject of the offense
2) stolen or embezzled and other proceeds or fruits of the offense
3) used or intended to be used as the means of committing an offense

38
Q

Requisites for issuing search warrant

A

1) probable cause in connection with one specific offense
2) to be determined PERSONALLY by the judge
3) after examination under oath or affirmation of complainant or witnesses he may produce
4) particularly describing the place to be searched and things to be seized
5) which may be anywhere in the PH

++ search must be made in PRESENCE OF 2 WITNESSES

  • -lawful occupant
  • -any member of family
  • -in absence of family, 2 witnesses of sufficient age and discretion residing in same locality

++ receipt for property seized will be left

39
Q

Validity of search warrant

A

10 days from its date

40
Q

When is a Search warrant without just cause?

A

when it appears on the face of affidavits filed in support of the application or through other evidence that applicant had every reason to believe that search warrant sought for was unjustified

41
Q

Test for lack of just cause

A

drawn in such a manner that PERJURY could be charged thereon and may be liable for damages

*should be for truth of facts within the PERSONAL knowledge of applicant or his witnesses, NOT reported to me by a person whom i consider to be reliable

42
Q

Is there a complex crime of perjury through search warrants maliciously obtained???

A

No! They are SEPARATE crimes

43
Q

Search and seizure without warrant as an incident to lawful arrest is legal

A

A person lawfully arrested may be searched for anything which may be used as proof of commission of offense, without a search warrant

44
Q

Search and seizure of vessels without a search warrant is legal

A

for violations of customs law since vessel can be moved out of locality quickly

45
Q

Violation of Domicile v. Search domicile without witnesses

A

VIOLATION
No authority to make a search

SEARCH
With search warrant

46
Q

Tariff and Customs Code allows search without warrant in…

A

warehouse, store, building, (not being a dwelling house) vessel or aircraft, package of any person on board suspected of holding prohibited article

47
Q

3 acts punished in Prohibition, interruption and dissolution of peaceful meetings

A

1) by PROHIBITING or INTERRUPTING without legal ground, the HOLDING of a peaceful meeting; or by DISSOLVING
2) HINDERING any person from JOINING any lawful association or ATTENDING any of its meetings
3) PROHIBITING or hindering any person from ADDRESSING (either alone or together with others) any petition to authorities for correction of abuses or redress of grievances

48
Q

No legal ground to prohibit holding of a meeting when..

A

danger apprehended is NOT IMMINENT and evil sought to be prevented is NOT A SERIOUS ONE

49
Q

There is no provision of law which requires religious service to be conducted in approved orthodox style in order to merit its protection against interference and disturbance

A

Ex: bible reading in a private house

50
Q

“in a place devoted to religious worship”

A

of permanent character

i.e. grotto

51
Q

Religious ceremonies

A

those religious acts performed outside of a church

ex: processions and special prayers for burying of the dead

52
Q

“acts notoriously offensive” means

A

acts must be directed against RELIGIOUS PRACTICE or DOGMA or ritual for the purpose of RIDICULE, as mocking or ATTEMPTING to damage an object of religious veneration

53
Q

offense to religious feelings is judged from whose POV?

A

POV of offended party

Criminal Law 2 (5 decks)

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