Crimes Against The Fundamental Laws Of The State

Question 1

What are the ELEMENTS of Arbitrary Detention?

Answer 1

1. That the offender is a Public Officer or Employee.
2. That he detains a person.
3. That the detention is without legal grounds.

Question 2

What are the Legal Grounds for a person to be detained?

Answer 2

1. The commission of a crime.
2. Violent insanity.
3. Any other ailment requiring the compulsory confinement of a patient in a hospital.

Question 3

What are the REQUISITES of a VALID in flagrante delicto arrest?

Answer 3

1. The person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and
2. Such overt act is done in the presence or within the view of the arresting officer.

Question 4

What does Probable Cause mean?

Answer 4

It is a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man’s belief that the person accused is guilty of the offense with which he is charged.

Question 5

When is there a violation of the Delay in the Delivery of Detained Person to the Proper Judicial Authorities?

Answer 5

When the there is failure of a Public Officer or Employee to deliver the person detained for some legal ground to the Judicial Authorities within the period of:

A. 12 Hours for LIGHT PENALTIES or their EQUIVALENT.

B. 18 Hours for CORRECTIONAL PENALTIES or their EQUIVALENT.

A. 36 Hours for AFFLICTIVE PENALTIES or their EQUIVALENT.

Question 6

What are the ways of committing Delaying Release?

Answer 6

1. Delaying the performance of a judicial or executive order for the release of a prisoner or detention prisoner.
2. Unduly delaying the service of notice of the judicial or executive order of release to the prisoner.
3. Unduly delaying the proceedings upon any petition for the liberation of such person.

Question 7

How may Expulsion be committed?

Answer 7

1. By expelling a person from the Philippines.

2. By compelling a person to change residence.

Question 8

What is DWELLING?

Answer 8

It is the place of abode where the offended party resides and which satisfies the requirements of his domestic life.

Question 9

What are the THREE ways of committing Violation of Domicile?

Answer 9

1. Entering the dwelling against the will of the owner.
2. Searching papers or other effects found in the dwelling without the consent of the owner.
3. Having surreptitiously entered the dwelling, and being required to leave the premises, shall refuse to do so.

Question 10

What circumstances will QUALIFY Violation of Domicile?

Answer 10

1. The offense be committed at nighttime.
2. Any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender.

Question 11

What may constitute Art. 129, or Search warrants maliciously obtained and abuse in the service of those legally obtained?

Answer 11

1. Procuring a search warrant without just cause.

2. Exceeding his authority or using unnecessary severity in executing the search warrant legally procured.

Question 12

What is a Search Warrant?

Answer 12

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

Question 13

What Personal Properties may be the subject of a Search Warrant?

Answer 13

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.

Question 14

What are the REQUISITES of a VALID Search Warrant?

Answer 14

1. It should be issued upon Probable Cause.
2. It should be issued in connection with one specific offense.
3. The probable cause should be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce.
4. It must particularly describe the place to be searched.
5. It must particularly describe the things to be seized.

Question 15

What are the ELEMENTS of the Plain View Doctrine?

Answer 15

1. A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties.
2. The evidence was inadvertently discovered by the police who have the right to be where they are.
3. The evidence must be immediately apparent.
4. “Plain View” justified mere seizure of evidence without further search.

Question 16

What are the REQUISITES of a VALID WAIVER or CONSENT to a SEARCH?

Answer 16

1. It must appear that the right exists.
2. The person involved had knowledge, actual or constructive, of the existence of such right.
3. Said person had an actual intention to relinquish the right.

Question 17

Who should be present as a WITNESS in the course of a lawful search in compliance with Art.130 or “Searching Domicile without Witnesses”?

Answer 17

1. The OWNER or lawful occupant or possessor of the domicile, paper or other belongings of a person.
2. ANY member of his family.
3. In their default, at least two witnesses residing in the same locality.

Question 18

What are the three ways in violating Art. 131. “Prohibition, Interruption, and Dissolution of Peaceful Meetings”?

Answer 18

1. Prohibiting or interrupting the holding of a peaceful meeting or dissolving the same without legal ground.
2. Hindering any person from joining any lawful association or from attending any of its meetings.
3. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Question 19

How may Art. 132 or “Interruption of Religious Worship” be committed and how may it be QUALIFIED?

Answer 19

It is committed by preventing or disturbing the ceremonies or manifestations of any religion.

And it is QUALIFIED when the crime is committed WITH violence and threat.