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Criminal Law II > Title 2 - (124-133) Fundamental Laws of the State > Flashcards

Title 2 - (124-133) Fundamental Laws of the State Flashcards

1
Q

Title 2 of Book 2 of the RPC is

A

Crimes Against Fundamental Law of the State

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2
Q

1) How can you describe or characterize the crimes under this title?

A

 Crimes under this title are those that violate the Bill of rights.

 The crimes are committed by public officers exception for the crime under Article 133 which is committed by any person

 The public officers that may be held liable are those acting under the supposed exercise of their official functions, although illegally.

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3
Q

2) Can private persons be held liable under this title?

A

Yes. Generally, the counterpart of the crimes under this title that is applicable for private individuals are those listed in
Title IX (Crimes Against Personal Liberty and Security).

However, the instances that a private person can be held liable under this title are as follows:
 Offender is liable under Article 133. This crime does not require that a person is a public officer.

 When a private person conspires with a public officer. What is required is that the principal offender must be a public officer. Thus, if private person conspires with a public officer, or becomes an accessory or an accomplice, the private person also becomes liable for the same crime.

But a private person acting alone cannot commit the crimes under Article 124 to article 132 of this title.

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4
Q

Name of Section of Crimes against the fundamental law of the state of title two

A

arbitrary detention and expulsion

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5
Q

3) What are the crimes against the fundamental laws of the state?

A

 Arbitrary Detention (Art 124)

 Delay in the delivery of detained persons to the proper judicial authority (Art 125)

 Delaying release (Art 126)

 Expulsion (Art 127)

 Violation of domicile (Art 128)

 Search warrants maliciously obtained and abuse in the service of those legally obtained (Art 129)

 Searching domicile without witnesses (Art. 130)

 Prohibition, interruption, and dissolution of peaceful meetings (Art 131)

 Interruption of religious worship (Art 132)

 Offending the religious feelings (Art 133)

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6
Q

1) What provision of the Constitution does these crimes violate?

(a) Articles 124,125, & 126
(b) 127

A

[a]
Section 1, Art III – no person shall be deprived of liberty without the due process of the law.

[b]
Section 6, Art III – the liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel to be impaired except in the interest of national security, public safety, or public health, as may be provided by law

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7
Q

How is arbitrary detention committed? Enumerate its classes

A

It is committed when a public officer or employee detains or orders the detention of a person without legal grounds.

The three classes of arbitrary detention are:

 Arbitrary detention by detaining a person without legal ground (Art. 124)

 Delay in the delivery of detained persons to the proper judicial
authorities (Art. 125)

 Delaying release (Art. 126)

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7
Q

Art 124

A

Arbitrary Detention

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8
Q

Who can commit the crime of arbitrary detention?

A

 Public officers and employees who are vested with the authority to detain or order the detention of
persons accused of a crime. These include, but not limit to:
o Judges
o Police officers
o Mayors
o Barangay captains

 Private individuals who conspire with public officers may be liable of arbitrary detention as accomplices
or accessories

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9
Q

What are the elements of arbitrary detention under this article?

A

 Offender is a public officer or employee
 He detains a person
 The detention is without legal grounds

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10
Q

What are the requirements for public official or employees in arbitrary
detention?

A

 They must be vested with the authority to detain or order the detention of persons accused of crimes but have no legal grounds to
do so. These includes policemen, other agents of the law, judges, or mayors, among others.

 If the detention is perpetrated (carried out) by other public officers or private individuals, this may be considered as illegal detention under Art 267 & 268.

 Private individuals who conspire with public officers are guilty of arbitrary detention under this provision.

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11
Q

When is there detention?

A

Detention is defined as the actual confinement of a person in an enclosure, OR in any manner detaining and depriving him of his liberty.

Essentially, there is detention when a person is placed in confinement OR when there is restraint upon his person.

Restraint may result from fear imposed by the offender to the victim.

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12
Q

When does the detention become arbitrary under this article?

A

When the arrest and consequent detention made upon a person is without legal grounds.

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13
Q

What are considered legal grounds for ARBITRARY DETENTION?

A

Under Art 124, the following are legal grounds for arbitrary detention:

(1) Commission of a crime
(2) Violent insanity
(3) Any other ailment requiring the compulsory confinement of a patient in a hospital

Note: that arrest without warrant is the usual cause of arbitrary detention.

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14
Q

when is ARREST lawful?

A

(1) There is a valid warrant issued for the arrest; or,

(2) There is a valid/lawful warrantless arrest. (Sec 5, Rule 113 Revised Rules
of Criminal Procedure):

 The offender is in flagrante delicto – [when in his presence], the person to be arrested had committed, is actually committing, or is attempting to commit an offense

 The authority is in hot pursuit of the offender – 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

 Offender is an escaped prisoner – when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

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15
Q

ARTICLE 125. _______________________________________________________________

A

ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES

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16
Q

What are the elements of delayed delivery of the detained person to the
proper judicial authority?

A

(1) Offender is a public officer or employee;
(2) He detains a person for some legal ground;
(3) He fails to deliver such person to the proper judicial authorities within:

 12 hours for crimes or offenses punishable by light penalties, or their equivalent

18 hours for crimes or offenses punishable by correctional penalties, or their equivalent

 36 hours for crimes or offenses punishable by afflictive or capital penalties, or their equivalent

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17
Q

How is the person arrested “delivered” as provided in Art. 125?

A

The delivery to the judicial authority does NOT actually mean physical delivery, but
rather it means

  • making an accusation or
  • charge or filing an information against the accused..

..with the corresponding court judge, whereby the judge acquires jurisdiction to issue and order of release or commitment of the prisoner.

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18
Q

What is custodial investigation?

A

involves any questioning initiated by law enforcement authorities after a person is
taken into custody or otherwise deprived of his freedom of action in any significant manner.

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19
Q

What is the nature of the arrest under this article? (125) When is the detention arbitrary?

A

The arrest here is lawful. It is the delay in the delivery of the arrested person to the
proper judicial authority that makes the consequent detention arbitrary.

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20
Q

What the mandatory duty of the arresting officer under RA 7438?

A

Sec. 2 (b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains OR investigates any person for the commission of an offense shall inform the latter, [in a language known to and understood by him], of his rights to

  • (a) remain silent and to
  • (b) have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation.

If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

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21
Q

What is the rationale for the provision of Art. 125?

A

To prevent any abuse resulting from confining a person without informing him of his offense and without permitting him
to go on bail.

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22
Q

To what do the words “judicial authority” refer?

A

The courts or justice or judges of said courts vested with judicial power to order the temporary detention or
confinement of a person charged with having committed a public offense. This refers to the SC and such inferior courts as may be established by law

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23
Q

Can arbitrary detention be committed through negligence?

A

Yes, it can be committed through negligence and imprudence.

In People v. Misa, a woman was rearrested by the chief of police because the latter did not believe that the woman was truly released already. Though the chief of police acted
without malice, he was found guilty of arbitrary detention through simple
imprudence for failing to verify the release before making the re-arrest by
talking directly to the justice of the peace.

Note that at the time, the justice of the peace was a court with no records. As
such, there was no actual warrant or other record which could be shown to
substantiate either an arrest or release

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24
Q

Does the law fix any minimum period of detention?

A

No, it does not.

In the cases of
US vs. Braganza and
US vs. Agravante, even when the persons were detained for an hour or less, the public officer detaining them were held liable for arbitrary detention.

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25
Q

Compare illegal detention from arbitrary detention

A

[AD]
- by public officer authorized. private may if
(a) they are accomplices/accessories to it (b) in conspiracy with

[ID]
- by private citizen or unauthorized to arrest

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26
Q

Compare Arbitrary Detention from Unlawful Arrest under Art. 269

A

[AD]
Arbitrary detention is
committed by a public officer authorized to arrest and detain a person but he
does so without lawful cause.

[UA]
Unlawful arrest (Article 269) is committed by either private individual or public officer who feigned to arrest a person without any legal cause, the purpose, which is the essence of unlawful arrest is to bring him to authority and file a charge.

If a charge is filed, the detention is deemed an incident of the arrest and the filing of charges against him. It is the arrest that is penalized in Article 269

[GPT-UA]
the focus is on penalizing the act of falsely arresting someone without legal cause. The person responsible for the unlawful arrest may still face criminal consequences for that specific act, regardless of any charges filed subsequently.

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27
Q

Compare the classes of arbitrary detention in Arts. 124 and 125.

A

[both]
public officer/employee

124 - unlawful
125 - lawful

124
illegal from the beginning since there was no legal ground

125
detention is legal but becomes illegal due to delay to deliver detained person to proper judicial authorities

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28
Q

ARTICLE 126. ____________________________-

A

ARTICLE 126. DELAYING RELEASE

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29
Q

What are the acts punishable under art. 126 on delaying release?

A

(1) Delaying the performance of judicial or executive order for the release of the prisoner

(2) Unduly delaying the service of such order to said prisoner

(3) Unduly delaying the proceedings upon any petition for the liberation of such person

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30
Q

What are the elements of delaying release?

A

 Offender is a public officer or employee;

 There is a judicial or executive order for the release of a prisoner or there is a proceeding upon any petition for the liberation of such person;

 Offender, without good reason,
delays –
(1) Delaying the performance of judicial or executive order for the release of the prisoner

(2) Unduly delaying the service of such order to said prisoner

(3) Unduly delaying the proceedings upon any petition for the liberation of such person

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31
Q

What are the rights of the persondetained?

A
  • right to counsel
  • right to be informed of his right to remain silent and to counsel
  • right to be allowed visits
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32
Q

What is the remedy when the warrant of arrest is improperly issued?

A
  • Set aside the warrant of arrest and - order the discharge of the accused,

but without enjoining (preventing) the municipal judge from conducting a preliminary investigation and afterwards issuing a proper warrant.

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33
Q

Compare classes of arbitary detention under art. 125 & 126 insofar as constituting a crime is concerned

A

[125]
The violation arises from the delay in the delivery of the detained person to the proper judicial authority

[126]
The violation arises when the resulting order of release is unduly delayed by
the public officer or when there is a proceeding for the
liberation of the person detained, this is also unduly
delayed by the public officer.

Here, the detained person was timely delivered to the
proper judicial authority. A charge, a complaint, or an
information was filed in the timely manner pursuant to the requirements in Art
125.

[delaying proceeding ex]
- Failure to Schedule or Conduct Hearings
- Inefficiency/Negligence

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34
Q

ARTICLE 127. ______________________

A

ARTICLE 127. EXPULSION

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35
Q

What are the acts punishable as expulsion?

A

(1) Expelling the person from the Philippines

(2) Compelling the person to change his residence

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36
Q

What are the elements of the crime of expulsion?

A

 That the offender is a public officer or employee

 He either –
- Expels any person from the Philippines; or,
- Compels a person to change his residence

 The offender is not authorized by law to do so

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37
Q

What is the crime of expulsion?

if committed by private person?

A

It is a crime committed by public officers and officials in violation of the constitutional rights of abode and changing the same under the Bill of
Rights.

If the same crime is committed by private individuals, the crime is grave coercion.

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38
Q

Who then are the persons authorized by law to expel or compel persons to change abode?

A

(1) The President of the Philippines in the exercise of his power of deportation

(2) The court by final judgment can order a person to change his
residence (e.g. destierro, ejectment, and expropriation)

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39
Q

section 2 name of title 2 of crimes against fundamental law of the state

A

violation of domicile

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40
Q

What provision of the Constitution does
these crimes (art 128, 129, 130 violate?

A

Sec 2, Art. III –“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or things to
be seized.”

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41
Q

ARTICLE 128. _________

A

ARTICLE 128. VIOLATION OF DOMICILE

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42
Q

What are the acts punishable as violation of domicile?

A

(1) Entering the dwelling against the will of the owner thereof;

(2) Searching papers or other effects (personal properties/belongings) found therein without the previous consent of such owner; or,

(3) Refusing to leave the premises, after having surreptitiously (secretively) entered said dwelling and after having been required to leave the same

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43
Q

What are the common elements of the different acts punishable as violation of domicile?

A

 Offender is a public officer or employee

 He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers and other effects

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44
Q

How is the crime of Violation of domicile committed and by whom?

A

This crime may be committed by a public officer authorized to implement (general authority) a search warrant or warrant of arrest but at the time of the incident he is not authorized to do so by judicial order. In other words, he is not armed with a warrant. He does so by committing either of the three acts punishable as violation of domicile.

[gpt]
- general authority
- proper judicial authorization in the form of a valid search warrant or arrest warrant.

45
Q

What is the meaning of “search” in this article?

A

It means to go over or look through for the purpose of finding something; to examine. The thing searched by the offender is the domicile, the papers, or
the other belongings of any person.

The fact of looking at what was in the sala and kitchen of the house to see if the pen knife was there cannot be strictly considered as the search of papers and other effects.

46
Q

What are the circumstances qualifying the offense?

A

(1) If the offense is committed at nighttime

(2) If any papers or effects NOT constituting evidence of a crime are NOT returned immediately after the search made by the offender

47
Q

ARTICLE 129. ________________________________

A

ARTICLE 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED.

48
Q

What are the acts punishable under this article?

A

(1) Search warrants maliciously obtained
 Procuring search warrant without just cause

(2) Abuse in the service of search warrants legally obtained
 Exceeding authority OR using unnecessary severity in executing a search warrant legally procured

49
Q

What are the elements for search warrants maliciously obtained?

A

 Offender is a public officer or employee
 He procures a search warrant
 There is no just cause

50
Q

What are the elements for abuse in the service of search warrants legally
obtained?

A

 Offender is a public officer or employee

 He has legally procured a search warrant

 He exceeds his authority or uses unnecessary severity in executing the same

51
Q

What is probable cause insofar as search is concerned

A

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

[gpt]
“Probable cause is the set of facts and circumstances that would make a reasonable and cautious person believe that a crime has occurred and that the items related to the crime can be found in the place to be searched.

52
Q

Define search warrant.

A

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.

Note: a search warrant shall be valid for 10 days from its date. (Sec. 10, Rule 126, Revised Rules of Criminal Procedure)

53
Q

What are the personal properties to be seized?

A

A search warrant may be issued for the search and seizure of the following
properties:

 Subject of the offense

 Stolen or embezzled (misappropriated) and other proceeds or fruits of the offense

 Those used or intended to be used as means of committing the offense

[gpt]
subject of offense - items or property that are directly related to the commission of a criminal offense. It encompasses objects, materials, or evidence that are relevant to the alleged crime and may provide information or proof about the offense

54
Q

When is a search warrant deemed to have been procured without just cause?

A

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

55
Q

What is the test of lack of just cause?

A

The true test of lack of just cause is whether the affidavit in support of the
application for search warrant has been drawn in such a manner that perjury can be charged thereon and affiant be held liable for damages caused.

[gpt]
If the affidavit is found to contain deliberate falsehoods, misrepresentations, or misleading statements, it could indicate a lack of just cause for the issuance of the search warrant.

perjury - criminal act (will be punished) of willfully telling an untruth in a court after having taken an oath or affirmation

56
Q

ARTICLE 130. __________________________

A

ARTICLE 130. SEARCHING DOMICILE WITHOUT WITNESSES

57
Q

What are the elements of this crime?

A

 Offender is a public officer or employee

 He is armed with search warrant legally procured

 He searches the domicile, papers, or other belongings

 The owner, or any members of his family, or two witnesses residing in
the same locality are not present.

58
Q

compare 128, 129, 130

A

[128]
no warrant to begin with

[129]
there is warrant but unjustly procured or exceeded in authority in implementing the same

[130]
there is warrant but no one was present

=======================
[130]
There is a valid search warrant, however, the search was made when the
occupants were absent and the search conducted without compliance with
the requirement that it be made in the presence of
at least two witnesses, who
must come within the locality where the search was made.

59
Q

Final Notes on Section 2

A

 that the law imposes additional liability for the perjury resorted to by the public officer in obtaining search warrant without probable cause.

 The papers or other belongings must be in the dwelling of their owner at
the time the search is made

60
Q

SECTION THREE – _________________________________

A

SECTION THREE – PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

61
Q

What provision of the Constitution does these crimes violate?

A

Sec 4, Art. III

“No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.”

[gpt]
The government, in this case, is seen as the entity responsible for addressing and resolving issues raised by the people.

62
Q

ARTICLE 131. _____________________________

A

ARTICLE 131. PROHIBITION,
INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS (pid)

63
Q

What are the acts punishable under Art.
131?

A

(1) Prohibiting or interrupting, without
legal ground, the holding of a peaceful meeting, or by dissolving the same

(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

64
Q

What the elements of the crime under this article?

A

 That the offender is a public officer or employee

 That he commits the acts in the preceding number

65
Q

Can a private individual commit this crime

A

No. If committed by private individual, it is called disturbance of public order

66
Q

Is the denial of a petition to hold public meeting a violation of this article?

A

Not necessarily.

To constitute a violation under Art 131:

 The meeting must be peaceful
 There should be no legal ground for prohibiting, interrupting, or dissolving the same meeting

In the exercise of the state’s police power, it can prescribe regulation to promote good order, safety, and general welfare of the people.

So, if a meeting to be held is not peaceful or there is imminent danger or evil, then these could serve as legal grounds to deny such petitions.

[gpt]
petition - petition to the government or relevant authorities seeking permission or authorization to conduct a public meeting, assembly, or gathering. (concert, rallies, parades)

67
Q

If the offender is a participant of the meeting, can he be liable under this
article?

A

No, the offender must be a stranger to the meeting. If a participant, then the offense may be unjust vexation.

[gpt]
unjust vexation - annoying, irritating, or tormenting someone without any valid cause or legal justification.
- is often used to address minor disturbances, disturbances of public order, or annoying behavior that may not rise to the level of a more serious crime

68
Q

SECTION FOUR – _________________________

A

SECTION FOUR – CRIMES AGAINST
RELIGIOUS WORSHIP

69
Q

What provision of the Constitution does these crimes violate?

A

Sec 5, Art. III
“No law shall be made respecting an establishment of religion, or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

70
Q

ARTICLE 132. _____________

A

ARTICLE 132. INTERRUPTION OF RELIGIOUS WORSHIP

71
Q

What are the elements of the crime?

A

 That the offender is a public officer or employee

 That the religious ceremonies or manifestations of any religion are about to take place or are going on

 That the offender prevents or disturbs the same

72
Q

What are the circumstances that will qualify this felony?

A

If the crime is committed with violence or threats.

73
Q

ARTICLE 133. ___________________

A

ARTICLE 133. OFFENDING OF RELIGIOUS FEELINGS

74
Q

What are the elements of the crime?

A

 Acts complained of were performed in a place of religious worship, or during celebration of any religious ceremony.

 The acts must be notoriously offensive to the religious feelings of the faithful

 There must be deliberate intent to hurt the feelings of the faithful

75
Q

What is meant by “a place devoted to religious worship”?

A

It is not necessarily that there is a religious ceremony going on for it to be considered as a place devoted for religious worship.

76
Q

What is meant by “religious ceremonies?

A

Those religious acts performed outside of a church, such as processions and special prayers for burying dead.

77
Q

What are the religious ceremonies or manifestations covered by Art. 132 and Art. 133?

A

These articles refer to the exercise of religious ceremonies or manifestations. It does NOT cover quasi-religious ceremonies such as house-blessing.

The crime under Article 133 is an exception in this Title where the offenders are public officers for it allows prosecution of private person anyone.

78
Q

How is offense to religious feelings determined?

A

Offense to feelings is judged from the complainant’s point of view. It cannot be judged from the feelings of other faithful ones as it is possible that certain acts may offend the feelings differently.

79
Q

Differentiate Art. 132 & 133

A

132 - public officer/employee
133 - any person

[132 - HOW committed]
Preventing or disturbing
religious ceremonies or
manifestations of any religion
[133 - HOW committed]
Performing acts notoriously
offensive to the feeling of the faithful

(132 - WHEN committed)
Before or during religious
ceremonies or manifestations of any religion
(133 - WHEN committed)
Any time if performed in a
place of religious worship, or during the celebration of
any religious ceremony

80
Q

RECITATIONS

A

RECITATIONS

81
Q

Q: as a public official detaining, what do you require from what wil lthe police ask the police ask the detained so they wont be charged in violation of article 125

A
82
Q

Q:What justifying circumstance would the public officer when they are charged with article 125

A

A: insuperable cause

83
Q

Insofar as “Executive Order” is concerned in “Delaying Release”, what is that order?

A

pardon or clemecy

84
Q

knowledge check: gravamen meaning

A

punishment

“the essence or most serious part of a complaint or accusation.” google

85
Q

will the public offcer be charged for delay even by virtue of arrest?

A
86
Q

what is the particular order of the court so that expulsion can be lawfully done?

A

destierro, ejectment & expropriation (?)

87
Q

what order can the court issue to effect an expropriation?

A

[gpt]
The court order associated with expropriation is typically called a “Declaration of Taking” or a similar term. This order is issued by the court or the government authority with the power of eminent domain. It outlines the government’s intention to acquire the property, the public purpose for which it is being acquired, and the compensation to be paid to the property owner.

88
Q

What would be the penalty if there is qualified violation of domicile?

A

A: one degree higher

89
Q

If the violator is a private citizen?

A

A: trespassing

90
Q

If search outside the dwelling, without threat. What is the charge?

A

A: unlawful taking (?)

91
Q

FLAHSCARDS THE ONE IN GOOGLE DOCS

A
92
Q

What is Title II of the RPC?

A

Crimes against fundamental law of the State:

93
Q

what is art 124

A

arbitrary detention

94
Q

what is art 125?

A

delay in the delivery of detained person to the proper judicial authoritieis.

95
Q

who can commit the crime of arbitrary detention?

A

public officials and employees

96
Q

what is article 126

A

delayed release

97
Q

LECTURE JAN 18

A

LECTURE JAN 18

98
Q

if committed by private or public officer in the act of their private capacity

A

title 9 is the place

99
Q

crim law 1, even if committed by public officers, private can be charged BASED ON TITLE 2 (primary is public), they can be charged in title 2

A

they connived, confederated, or helped the public official
- been an accessory to the crime. (not primarily liable)
-

100
Q

Detention – a person is detained when he is
placed in confinement or there is restraint on
his person.

can be considerd detained ‘ if there is some restraint placed upon his person,

A
101
Q

instances where detention is without any legal groudn?

A
  • public officer did not witness him about to commit to crime
  • if detained but not suffering any violent instanity
  • if not suffering from any ailment
  • without warrant of arrest
102
Q

when can public officer arrest at any time? (holiday, etc.)

A

if with warrant - can be arrested ANY time

Rule 113 section 5 (crim pro)

103
Q

in title 9 , how is it different arbitrary ?

A

illegal detention (title 9) - private or public activing in privat capacity BUT the manner they are committed is similar.–detention is without any legal ground

104
Q

a mayor, cannot be held liable for arbitrary detention simply because it is not his function to make an arrest.

A

i

105
Q

arbitrary detention v illegal detention

A

actual restraint on the liberty of the offended party (confined, restrained in such a way that he cannot do something at will) then he is considered detained

106
Q

arbitrary detention v unlawful arrest?

A

[arbitrary]
offendor - public officer
main reason is to deny liberty of the person

[UNLAW-
unlawful - public officer OR private
main puroise is to accuse a crime that he did not commit

107
Q

ARTICLE 125

offender is public officer has detained WITH LEGAL GROUND. what makes it illegal is he failed to deliver such person to the proper judicial 12, 18, 36 hours

this is a form of arbitrary detention,

how are you to construe 12, 18, 36 hours? for example holidays adn weekends when there are no judicial to receive

A

the SC said in case there are no availalbe judicial authoroitiy it must be made in the first hour of the ff working day. EX

detained arrested at 6pm on a friday, he must then be delivered 6pm on the next BUT its a SATURDAY, SUNDAY

when should it be made ? first hour when the office has opened IF it is not a holiday.

108
Q

let’s say your charged with article 125 as a
what if your defense for not delivering the detainee within 36 hours

A

insuperable cause (justifying circumstace).

109
Q

art 125 applies ONLY when the arrest is made without a warrant of arrest.

when warrant has been issued, he then can be arrested anytime …x something about

A
110
Q

art 126 DELAYING RELEASE

  1. By delaying the performance of a judicial
    or executive order for the release of a
    prisoner;
  2. By unduly delaying the service of the
    notice of such order to said prisoner;
  3. By unduly delaying the proceedings upon
    any petition for the liberation of such
    person.

there is a progression.

Peter was caught playing tong-its , after being detained for 2 days, he was arrainged and he plaeaded and court imposed a fine of 1k pesos.

in subsidiary imprisonment will be euqivalnet to the higest min wage (500php) so peter is indigent, but then he was detained for 2 days.

the police was angry and didn’t release him. .

A
111
Q

JAN 23 LECTURE PT.2

A

JAN 23 LECTURE PT.2

Criminal Law II (36 decks)

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