Module 2

Question 1

The elements of the crime of Arbitrary Detention are:

1. Offended is a _____ or ____.
2. He _____.
3. The ____ is ______.

Answer 1

1. is a public officer or employee
2. detains a person
3. detention is without legal grounds

Question 2

Meaning of Absence of Legal Grounds

1. no _____ was _____ by the ____.
2. there is _____ of the ______
3. the _____ has no ____ which requires ____ in a _____.

Answer 2

1. crime; committed. detained
2. no violent insanity; detained person
3. person detained; ailment ; compulsory confinement; hospital

Question 3

The elements of the crime of delay in the delivery of detained persons

1. The offender is a _____ or ____
2. he ____ a person for some ____
3. he _____ such person to ________ within
   _____ for crimes punishable by ____
   ____ for crimes punishable by _____
   ____ for crimes punishable by ____

Answer 3

1. public officer or employee
2. detains; legal ground
3. fails to delivery; proper judicial authorities
   a. 12 hours; light penalties
   b. 18 hours; correctional penalties
   c. 36 hours; afflictive and capital penalties

Question 4

Differentiate arbitrary detention and delay in delivery of the detained

Answer 4

In arbitrary detention, detention is illegal from the beginning while in delay in the delivery of the detained, the detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority.

Question 5

The acts punished for delaying release are:

1. Delaying ______ of a ______ or ____ order for the _______ of a prisoner.
2. _________ delaying the ______ of the _____ of such ______ to said _______
3. _______ delaying the _______ upon any _____ for the ______ of such person.

Answer 5

1. performance; judicial; executive; release
2. Unduly; service; notice; order; prisoner
3. Unduly; proceedings petition; liberation

Question 6

The elements of the crime of delaying release are:

1. Offender is a ____ or ____.
2. There is a ____ or ___ order for the ____ of a prisoner or there is a ____ upon any ___ for the ___ of such prisoner.
3. Offender, without ____, ___:
   a. the ____ of a ____ or ___ order for the ____ of a prisoner
   b. the ____ of the ____ of such ___ to said prisoner
   c. the ___ upon any ___ for the ___of such person.

Answer 6

1. public officer; employee
2. judicial; executive; release; proceeding; petition; release
3. good reason
   a. performance; judicial; executive; release
   b. service; notice; order
   c. proceedings; petition; release

Question 7

The elements of the crime of expulsion are:

1. Offender is a ___ or __
2. He either:
   a. ___ a person from the Philippines
   b. ___ a person to ____ his ___
3. The offender is ____ to do so by law.

Answer 7

1. public officer; employee
2. a. expels
   b. compels change; residence
3. not authorized

Question 8

The acts punished for the crime of violation of domicile are:

1. ____ the ____ against the ___ thereof.
2. ____ ___ or other ____ found therein without the ___ ___ of such ___
3. ___ to ___ the premises, after having ____ ___ said ___ and after having been required to ____ the same.

Answer 8

1. Entering; dwelling; will
2. Searching papers; effects; previous consent; owner
3. Refusing; leave; surreptitiously entered; dwelling; leave

Question 9

What are the common elements of violation of domicile?

1. Offender is a __ or __
2. He is ___ by ___ to ___ the ___ and/or ___ therein for ___ or other ___. Being ___ by law - means ___, save ___ or ___ for ___.

Answer 9

1. public officer; employee
2. not authorized; judicial order; enter; dwelling; make a search; papers; effects; authorized; with a search warrant; himself; do something good for humanity.

Question 10

Circumstances qualifying the crime of violation of domicile.

1. If the offense is ___ at ___.
2. if any ___ or ___ not ___ ___ of a crime are not ___ ____ after the ___ made by the ___.

Answer 10

1. committed; night time
2. papers; effects; constituting evidence; returned immediately; search; offender

Question 11

The acts punished for the crime of search warrants maliciously obtained are:

1. ___ a search warrant without __ __.

Answer 11

1. Procuring; just cause

Question 12

The elements of the crime of search warrants maliciously obtained are:

1. Offender is a ___ or ___
2. He ___ a search warrant.
3. There is ___ __ ___.

Answer 12

1. public officer; employee
2. procures
3. no just cause.

Question 13

What are the elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured.

1. Offender is a ___ or ___
2. He has ___ ___ a search warrant.
3. He ___ his ___ or ___ ___ ___ in ___ the same.

Answer 13

1. public officer; employee
2. legally procured
3. exceeds; authority; uses unnecessary severity in executing the same

Question 14

What are the elements of searching domicile without witnesses

1. Offender is a __ or __
2. He is __ with ___ ___ ___ ___.
3. He ___ the ___, ___ or other ___ of any person.
4. The ___, or any __ of his ___, or two ___ in the same ___ are not present.

Answer 14

1. public officer; employee
2. armed; search warrant legally procured
3. searches; domicile, papers; effects
4. owner; members; family; witnesses residing; locality

Question 15

What are the elements of prohibition, interruption, and dissolution of peaceful meetings

1. Offender is a __ or __
2. He ___ any of the ff:
   a. ___ or ___ without __ __, the __ of a __ __, or ___ the same.
   b. __ any person from __ any __ association, or from attending any of its meetings.
   c. __ or __ any person from __, any ___ to the ___ for the ___ of __ or ___ of ___.

Answer 15

1. public officer; employee
2. performs
   a. prohibiting; interrupting; legal ground; holding; peaceful meeting; dissolving
   b. hindering; attending; lawful
   c. prohibiting; hindering; addressing; petition; authorities; correction; abuses; redress; grievances

Question 16

What are the elements of the crime of interruption of religious worship?

1. Offender is a __ or __
2. __ __ or ___ of any religion are about to __ __ or are going on.
3. Offender __ or __ the same.

Qualified if committed by __ or __

Answer 16

1. public officer; employee
2. Religious ceremonies; manifestations; take place
3. prevents; disturbs

violence, threat

Question 17

What are the elements of the crime of offending religious feelings?

1. __ __ of were performed in the ___ devoted to ___ __,, or during the ___ of any __ __.
2. the ___ must be ___ ___ to the ___ of the ___
3. there must be ___ ___ to ___ the ___ of the faithful.

Answer 17

1. the acts complained; place; religious worship; during the celebration; religious ceremony.
2. act; notoriously offensive; feelings; faithful
3. deliberate intent; hurt; feeling