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

Question 1

Title 2 of Book 2 of the RPC is

Answer 1

Crimes Against Fundamental Law of the State

Question 2

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

Answer 2

 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.

Question 3

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

Answer 3

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.

Question 4

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

Answer 4

arbitrary detention and expulsion

Question 5

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

Answer 5

 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)

Question 6

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

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

Answer 6

[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

Question 7

How is arbitrary detention committed? Enumerate its classes

Answer 7

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)

Question 7

Art 124

Answer 7

Arbitrary Detention

Question 8

Who can commit the crime of arbitrary detention?

Answer 8

 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

Question 9

What are the elements of arbitrary detention under this article?

Answer 9

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

Question 10

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

Answer 10

 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.

Question 11

When is there detention?

Answer 11

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.

Question 12

When does the detention become arbitrary under this article?

Answer 12

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

Question 13

What are considered legal grounds for ARBITRARY DETENTION?

Answer 13

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.

Question 14

when is ARREST lawful?

Answer 14

(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.

Question 15

ARTICLE 125. _______________________________________________________________

Answer 15

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

Question 16

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

Answer 16

(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

Question 17

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

Answer 17

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.

Question 18

What is custodial investigation?

Answer 18

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.

Question 19

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

Answer 19

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.

Question 20

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

Answer 20

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.

Question 21

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

Answer 21

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

Question 22

To what do the words “judicial authority” refer?

Answer 22

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

Question 23

Can arbitrary detention be committed through negligence?

Answer 23

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

Question 24

Does the law fix any minimum period of detention?

Answer 24

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.

Question 25

Compare illegal detention from arbitrary detention

Answer 25

[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

Question 26

Compare Arbitrary Detention from Unlawful Arrest under Art. 269

Answer 26

[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.

Question 27

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

Answer 27

[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

Question 28

ARTICLE 126. ____________________________-

Answer 28

ARTICLE 126. DELAYING RELEASE

Question 29

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

Answer 29

(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

Question 30

What are the elements of delaying release?

Answer 30

 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

Question 31

What are the rights of the persondetained?

Answer 31

- right to counsel - right to be informed of his right to remain silent and to counsel - right to be allowed visits

Question 32

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

Answer 32

- 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.

Question 33

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

Answer 33

[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

Question 34

ARTICLE 127. ______________________

Answer 34

ARTICLE 127. EXPULSION

Question 35

What are the acts punishable as expulsion?

Answer 35

(1) Expelling the person from the Philippines (2) Compelling the person to change his residence

Question 36

What are the elements of the crime of expulsion?

Answer 36

 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

Question 37

What is the crime of expulsion? if committed by private person?

Answer 37

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**.

Question 38

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

Answer 38

(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)

Question 39

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

Answer 39

violation of domicile

Question 40

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

Answer 40

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.”

Question 41

ARTICLE 128. _________

Answer 41

ARTICLE 128. VIOLATION OF DOMICILE

Question 42

What are the acts punishable as violation of domicile?

Answer 42

(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

Question 43

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

Answer 43

 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

Question 44

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

Answer 44

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.

Question 45

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

Answer 45

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.

Question 46

What are the circumstances qualifying the offense?

Answer 46

(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

Question 47

ARTICLE 129. ________________________________

Answer 47

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

Question 48

What are the acts punishable under this article?

Answer 48

(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

Question 49

What are the elements for search warrants maliciously obtained?

Answer 49

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

Question 50

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

Answer 50

 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

Question 51

What is probable cause insofar as search is concerned

Answer 51

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.

Question 52

Define search warrant.

Answer 52

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)

Question 53

What are the personal properties to be seized?

Answer 53

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

Question 54

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

Answer 54

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.

Question 55

What is the test of lack of just cause?

Answer 55

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

Question 56

ARTICLE 130. __________________________

Answer 56

ARTICLE 130. SEARCHING DOMICILE WITHOUT WITNESSES

Question 57

What are the elements of this crime?

Answer 57

 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.

Question 58

compare 128, 129, 130

Answer 58

[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.

Question 59

Final Notes on Section 2

Answer 59

 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

Question 60

SECTION THREE – _________________________________

Answer 60

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

Question 61

What provision of the Constitution does these crimes violate?

Answer 61

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.

Question 62

ARTICLE 131. _____________________________

Answer 62

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

Question 63

What are the acts punishable under Art. 131?

Answer 63

(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**

Question 64

What the elements of the crime under this article?

Answer 64

 That the offender is a public officer or employee  That he commits the acts in the preceding number

Question 65

Can a private individual commit this crime

Answer 65

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

Question 66

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

Answer 66

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)

Question 67

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

Answer 67

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

Question 68

SECTION FOUR – _________________________

Answer 68

SECTION FOUR – CRIMES AGAINST RELIGIOUS WORSHIP

Question 69

What provision of the Constitution does these crimes violate?

Answer 69

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.”

Question 70

ARTICLE 132. _____________

Answer 70

ARTICLE 132. INTERRUPTION OF RELIGIOUS WORSHIP

Question 71

What are the elements of the crime?

Answer 71

 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

Question 72

What are the circumstances that will qualify this felony?

Answer 72

If the crime is committed with violence or threats.

Question 73

ARTICLE 133. ___________________

Answer 73

ARTICLE 133. OFFENDING OF RELIGIOUS FEELINGS

Question 74

What are the elements of the crime?

Answer 74

 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

Question 75

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

Answer 75

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

Question 76

What is meant by “religious ceremonies?

Answer 76

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

Question 77

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

Answer 77

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**.

Question 78

How is offense to religious feelings determined?

Answer 78

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.

Question 79

Differentiate Art. 132 & 133

Answer 79

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

Question 80

RECITATIONS

Answer 80

RECITATIONS

Question 81

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

Question 82

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

Answer 82

A: insuperable cause

Question 83

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

Answer 83

pardon or clemecy

Question 84

knowledge check: gravamen meaning

Answer 84

punishment "the essence or most serious part of a complaint or accusation." google

Question 85

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

Question 86

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

Answer 86

destierro, ejectment & expropriation (?)

Question 87

what order can the court issue to effect an expropriation?

Answer 87

[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.

Question 88

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

Answer 88

A: one degree higher

Question 89

If the violator is a private citizen?

Answer 89

A: trespassing

Question 90

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

Answer 90

A: unlawful taking (?)

Question 91

FLAHSCARDS THE ONE IN GOOGLE DOCS

Question 92

What is Title II of the RPC?

Answer 92

Crimes against fundamental law of the State:

Question 93

what is art 124

Answer 93

arbitrary detention

Question 94

what is art 125?

Answer 94

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

Question 95

who can commit the crime of arbitrary detention?

Answer 95

public officials and employees

Question 96

what is article 126

Answer 96

delayed release

Question 97

LECTURE JAN 18

Answer 97

LECTURE JAN 18

Question 98

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

Answer 98

title 9 is the place

Question 99

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

Answer 99

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

Question 100

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,

Question 101

instances where detention is without any legal groudn?

Answer 101

- 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

Question 102

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

Answer 102

if with warrant - can be arrested ANY time Rule 113 section 5 (crim pro)

Question 103

in title 9 , how is it different arbitrary ?

Answer 103

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

Question 104

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

Answer 104

i

Question 105

arbitrary detention v illegal detention

Answer 105

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

Question 106

arbitrary detention v unlawful arrest?

Answer 106

[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

Question 107

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

Answer 107

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.

Question 108

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

Answer 108

insuperable cause (justifying circumstace).

Question 109

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

Question 110

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. .

Question 111

JAN 23 LECTURE PT.2

Answer 111

JAN 23 LECTURE PT.2