Crimes Against Fundamental Laws of the State: Section I-Arbitrary Detention and Expulsion Flashcards
(26 cards)
What are the crimes under Title II- Section I of the RPC?
Article 124- Arbitrary detention
Article 125- Delay in the delivery of the detained persons to the proper judicial authority.
Article 126- Delaying release
Article 127- Expulsion
What are the elements of arbitrary detention?
(1) Offender is a public officer or employee;
(2) Offender detains a person;
(3) The detention is without legal grounds.
What are the penalties for arbitrary detention?
(1) Arresto mayor in its maximum period to prision correccional in its minimum period,
if the detention has not exceeded three (3) days;
(2) Prision correccional in its medium and maximum periods, if the detention has
continued for more than three (3) but not more than fifteen (15) days;
(3) Prision mayor, if the detention has continued for more than fifteen (15) days but not
more than six (6) months; and
(4) Reclusion temporal, if the detention shall have exceeded six (6) months.
What are the elements for delay in the delivery of the detained persons to proper judicial authority?
(1) Offender is a public officer or employee;
(2) He detains a person for some legal grounds
(3) He fails to deliver such person to the proper judicial authorities within the period
of—
(a) twelve (12) hours, for crimes of offenses punishable by light penalties, or their
equivalent;
(b) eighteen (18) hours, for crimes or offenses punishable by correctional penalties,
or their equivalent; and
(c) thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent.
What are the penalties for delay in the delivery of the detained persons to the proper judicial authority?
(1) Arresto mayor in its maximum period to prision correccional in its minimum period,
if the detention has not exceeded three (3) days;
(2) Prision correccional in its medium and maximum periods, if the detention has
continued for more than three (3) days but not more than fifteen (15) days;
(3) Prision mayor, if the detention has continued for more than fifteen (15) days but not
more than six (6) months; and
(4) Reclusion temporal, if the detention shall have exceeded six (6) months.
What are the elements for delaying release?
(1) Offender is a public officer or employee
(2) There is a judicial or executive order for the release of a prisoner or detention
prisoner, or that there is a proceeding upon a petition for the liberation of such
person
(3) Offender without good reason delays—
(a) the performance of any judicial or executive order for the release of a prisoner
or detention prisoner, or
(b) the service of the notice of such order to said prisoner or
(c) the proceedings upon any petition for the liberation of such person.
What are the elements for expulsion?
(1) Offender is a public officer or employee;
(2) He either—
(a) expels any person from the Philippines; or
(b) compels such person to change his residence;
(3) offender is not authorized to do so under law.
What are the penalty for expulsion?
Prision correccional
What is the penalty for delaying release?
(1) Arresto mayor in its maximum period to prision correccional in its minimum period,
if the delay has not exceeded three (3) days;
(2) Prision correccional in its medium and maximum periods, if the delay has continued
for more than three (3) days but not more than fifteen (15) days;
(3) Prision mayor, if the delay has continued for more than fifteen (15) days but not
more than six (6) months; and
(4) Reclusion temporal, if the delay shall have exceeded six (6) months.
What is detention?
Actual confinement of a person in an enclosure or in any manner detaining or depriving him of his liberty.
When is arrest without warrant lawful?
Sec. 5 Article 113 of the ROC
1 AND 2: suspect in flagrante delicto
- Escaping prisoner
Who are the public officer or employee mentioned under Article 124?
A public officer who is vested with the authority to detain or order the detention of persons accused of a crime.
Policemen and other agents of law Judges Mayors Brgy. captain Municipal councilor
What is the effect if the public officer has no authority to detain a person?
That public officer is guilty of illegal detention.
What are the legal ground for the detention of persons?
GR:
- Commission of a crime
a. Arrest with warrant
b. Warrantless arrest [Rule 116 Sec. 5 of the ROC] - Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital
XPN: if the peace officer acted in good faith.
Arbitrary detention vs Illegal Detention:
- As to the principal capacity
- As to his duty to detain a person
- Offender is public officer | Offender is a private person
- Offender is public officer has a duty which carries with it the authority to detain a person | Offender if a public officer does not include in his function the power to arrest or detain a person
Arbitrary Detention vs Unlawful Arrest
- As to the capacity of the offender
- As to the purpose of detainment
- The offender is a public officer possessed with authority to make arrest | The offender may be any person
- Purpose of detaining the person is to deny him of his liberty | The purpose is to accuse the offended party of the crime he did not commit, to deliver him to the proper judicial authority and to file the necessary charges in a way of trying to incriminate him
What is the difference in the delay of delivery of detained person vs Arbitrary detention?
Delay in the delivery of the detained persons
- Detention is legal but becomes arbitrary when detention exceeds any of the period provided in Article 125
Arbitrary detention
- the detention is illegal at the very inception because of the absence of lawful cause.
What are the warrantless considered lawful?
- in flagrante delicto- when in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
- Hot pursuit- when an offense has in fact 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 prisoner- when person to be arrested is a prisoner who has escaped from penal establishment
Rule 116 Sec 5 of the ROC
What is probable cause?
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 place sought to be search
What is personal knowledge of facts?
Must be based upon probable cause which means an actual belief or reasonable grounds of suspicion.
What does “delivery” means?
Filing of correct information or complaint with the proper judicial authorities.
Who are the proper judicial authorities?
Courts of justice or judges of said court vested with judicial power to order temporary detention or confinement of a person charged with having committed a public offense.
What are the requirements if the person arrested without a warrant opts to avail his write to preliminary investigation?
- he should waived his right under Article 125 in writing
- it must be under oath
- with assistance of his counsel
What are the rights of the person detained?
- Shall be informed of the cause of his detention
2. Allowed upon his request to communicate and confer at anytime with his attorney or counsel.
