Title 3 - [3/3] Flashcard (149-160)
(95 cards)
1
Q
ARTICLE 149._______
A
ARTICLE 149. INDIRECT ASSAULTS
2
Q
Elements of indirect assault
A
- that a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148;
- that a person comes to the aid of such authority OR his agent;
- that the offender makes use of force OR intimidation upon such person coming to the aid of the authority or his agent.
3
Q
when can it be committed
A
only when direct assault is also committed
4
Q
Is it indirect assault, if a private individual who is aiding a policeman in making a lawful arrest is attacked by the person to be arrested?
A
It cannot be indirect assault, because the policeman who is being aided is not a victim of direct assault.
The policeman is in the performance of duty, making an arrest.
5
Q
Is it direct assault when by virtue of rule 113 of Rules of Court, every person summoned by an officer making a lawful arrest shall aid him in making of such arrest.
can the person summoned be ‘directly assaulted’ as he has become an agent of the person in authority?
A
No. The summoned person is not an agent of the person in authority because he is not coming to the aid of a PA but the police officer who is a APA
6
Q
Can a private person be an offended party in indirect assault?
A
Yes. Art. 149 only provides any person. So, if the private person comes to the rescue of the person in authority or his agent who is a victim of direct assault under Art 148, then he can be an offended party in indirect assault.
7
Q
ARTICLE 150. _____________________________
A
ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS COMMITTEES AND SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES AND SUBCOMMITTEES OR DIVISIONS
8
Q
What are the acts punished under art. 150?
A
- By refusing, without legal excuse, to obey the summons of the National Assembly, its [ special or standing] committees and subcommittees, the Constitutional commissions and its committees, subcommittees or divisions, [OR by any commission or committee chairman or member authorized to summon witnesses].
- by refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official.
- by refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their function.
- by restraining another from attending as a witness in such legislative or constitutional body.
- by inducing (persuade) disobedience to a summons or refusal to be sworn by any such body or official.
9
Q
what is the limitation of Art. 150
A
- not apply when the papers or documents may be used in evidence against the owner thereof, because it would be equivalent to compelling him to be witness against himself.
self-incrimination
(Uy Khaytin vs. Villareal)
[gpt]
The reasoning is that compelling the owner to produce documents that could be used against them in court would be equivalent to forcing the individual to be a witness against themselves. This principle aligns with the protection against self-incrimination, a legal concept that prevents individuals from being compelled to testify against themselves.
10
Q
“when required by them to do so in the exercise of their function” mean?
A
The testimony of the person summoned must be upon matters into which the National Assembly has jurisdiction to inquire.
But when the investigation is for the purpose of passing a legislative measure, such investigation comes under the province of the committee of the House or Senate.
(Arnault vs. Nazareno)
Thus, the investigation of a crime with a view to prepare the way for a court action does NOT come under the province of any committee of the House or Senate (now National Assembly) for the power to investigate and prosecute a crime is vested by law in the prosecuting authorities of the government
11
Q
When Arnault refused to divulge the identity of the person to whom he gave an amount of P440.000, whose identity the Senate investigating committee believed him to know, the Senate pronounced him guilty of contempt and ordered his imprisonment until he would be willing to identify such person.
is the pronouncement of the senate correct? LB
A
Yes, as in the case of Arnault vs. Nazareno
any of the acts punished by Art. 150 may also constitute contempt of the National Assembly.
12
Q
Arnault contends that prnouncement of judgment rest exclusively in the judicial department and that the legislative errerd in making that pronouncement. Is his defense tenable?
A
No. According to the doctrine of distribution of governmental powers, it is permissible so as long as the judiciary or executive do not release the prisoner congress has committed to prison.
13
Q
Reasons for the provisions of Article 150 and the power of the National Assembly to punish for contempt.
A
The power of inquiry — with process to enforce it — is an essential and appropriate auxiliary to the legislative functions.
Experience has shown that mere requests for certain information are often unavailing and also that information which is volunteered is not always accurate or complete; so, some means of compulsion is essential to obtain what is needed. (See Arnault vs. Nazareno
14
Q
Art. 151. ________________
A
Art. 151. Resistance and disobedience to a person in authority or the agents of such person
15
Q
What are the two acts punished under this article?
A
(1) Resistance and serious disobedience; and,
(2) Simple disobedience
16
Q
What are the elements of simple
disobedience?
A
- that an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender.
- that the offender disobeys such agent of a person in authority.
- that such disobedience is not of a serious nature.
17
Q
What are the elements of resistance and serious disobedience?
A
- That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.
- That the offender resists or seriously disobeys such person in authority or his agent.
- That the act of the offender is NOT included in the provisions of Arts. 148, 149, and 150.
18
Q
what is the concept behind the offense of resistance and disobedience?
A
concept is that it consists of a failure to comply with orders directly issued by the authorities in the exercise of their official duties.
Failure to comply with legal provisions of a general character or with judicial decisions merely declaratory of rights or obligations, or violations of prohibitory decisions do not constitute the crime of disobedience to the authorities. (U.S. vs Ramayrat,
19
Q
“While engaged in the performance of official duties” is this similar with phrase ‘on the occasion”?
A
No. the person in authority or the agent of such person must be in the actual performance of his official duties.
This is so, because there can be no resistance or disobedience when there is nothing to resist or to disobey.
20
Q
Facts: In the writ of execution issued, the justice of the peace directed the sheriff to place the plaintiff in possession of the land involved in the complaint and to make return of the writ to the court. The accused was not willing to deliver to the plaintiff the land as he was directed to do by the sheriff.
Was the accused guilty of disobedience?
LB
A
The accused who was in possession of the land may have been unwilling to deliver it, but such unwillingness does not constitute an act of disobedience.
(US v. Ramyrat)
[Ramyrat = Many rat = i want the house says Rat man 🐀]
The disobedience contemplated(provided/stated) consists in the failure or refusal to obey a direct order. A writ of execution issued by the court directing the sheriff to place the plaintiff in possession of the property held by the defendant, is not an order addressed to the defendant — it is addressed to the sheriff.
21
Q
What would it take for the accused in the case of US v. Ramyrat to be guilty of Art 151?
A
If the sheriff had directly ordered the accused to surrender possession of the property and accused refused.
22
Q
Is knowledge that the person arresting one relevant?
A
Yes as in the case of US v. Bautista
Absent the knowledge, his resistance did not constitute an offense
23
Q
When is resistance justified?
A
- The action of the accused in laying his hands on the customs secret agent, who had no right to make the search, was an adequate defense to repel the aggression of the latter, who had seized him by the arm for the purpose of searching him.
- The accused was not subject to search because when the customs authorities permitted him to land in Manila, he ceased to be a passenger liable to search. (People vs. Chan Fook)
24
Q
Examples of resistance and serious disobedience
A
accused struck the policeman on the chest when latter was arresting the said accused (US v. Tabiana)
25
The defendants-appellants having obstructed the free passage along the road from the national highway to the plant of the Coca-Cola in Carlatan, by lying on the road forming roadblocks, Major Raquidan had authority to order them to clear said road so as to allow free passage thereon; and defendants-appellants having refused to obey said order
what is the crime?
crime of simple disobedience (Pp v. Macapuno)
[Macapuno = trees = hippies laying on the road]
there is no peaceful picketing as outlined and RA 3600 does not preclude peace officers from maintaining peace and order
26
Distinguish direct assault from resistance or serious disobedience.
[DA]
Person in authority or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof
[RSD]
Person in authority or his agent must be in actual performance of his duty
[DA]
Direct assault of the second form it is committed in 4 ways (by attacking, by employing force, by making a serious intimidation, or by making a serious resistance to a person in authority or his agents
[RSD]
Committed only by resisting or seriously disobeying a person in authority or his agent
[DA]
Force employed serious & deliberate defiance of law
[RSD]
Force is employed but it is not serious in nature
The **force in resistance is not so serious as there is NO manifest intention to defy the law and the enforcers enforcing it.**
27
NOTES
The attack or employment of force which gives rise to the crime of DA MUST BE SERIOUS AND DELIBERATE
Otherwise, even a case of simple resistance to an arrest, *which always requires the use of force of some kind*, would constitute DA and the lesser offense of resistance or disobedience in Art. 151 would *entirely disappear*.
-**When the one resisted is a PA, the use of any kind or degree of force will give rise to direct assault.**
-If no force is employed by the offender in resisting or disobeying a **person in authority**, the crime committed is resistance or serious disobedience under Art. 151 par. 1
28
ARTICLE 152. ___________
ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY
29
Who is a person in authority?
Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority.
-By “directly vested with jurisdiction” is meant “the power or authority to govern and execute the laws”.
-In applying the provisions of Articles 148 and 151 of the RPC, teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance shall be deemed persons in authority.
30
Who is an agent of a person in authority?
An agent of a person in authority is one who,
- by direct provision of law or
- by election or
- by appointment by **competent authority**,
is charged with
- the maintenance of public order and
- the protection and security of life and property.
31
Examples of persons in authority (PA)
- **Municipal mayor**
- Division superintendent of schools
- Public and private school teachers
- Teacher-nurse
- President of sanitary division
- **Provincial fiscal**
- Justice of the Peace
- **Municipal councilor**
- **Barrio captain and barangay chairman**
32
CHAPTER FIVE – ____________
CHAPTER FIVE – PUBLIC DISORDERS
33
What is public disorder? (general question)
Public disorder is a **serious** disturbance in a place *where performance of public function* is being held,
- if the disturbance is not covered by Articles 131 and 132.
- If the disturbance is not serious, the crime is **alarms and scandals** under Article 155.
34
What are the crimes denominated as Public Disorder?
- Tumults and other disturbances of public order (Art. 153)
- Unlawful use of means of publication and unlawful utterances (Art. 154)
- Alarms and scandals (Art. 155)
- Delivering prisoners from jails (Art. 156)
35
ARTICLE 153. _________________
ARTICLE 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER – TUMULTUOUS DISTURBANCES OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE
36
What crimes comprise Art. 153?
Tumults and Other Disturbances of Public Order are:
- Causing any **serious disturbance** in a public place, office or establishment;
- Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is NOT included in Arts. 131 and 132;
- Making any **outcry** TENDING to *incite rebellion or sedition* in any meeting, association, or public place;
- Displaying **placards or emblems** which provoke a disturbance of public order in such place;
- **Burying with pomp the body** of a person who has been legally executed.
37
When is an act considered as
tumultuous?
When the disturbance or interruption is committed by more than 3 persons who are armed or are provided with a means of violence.
38
What is meant by “outcry”?
To shout *subversive or provocative* words TENDING to stir up the people to obtain by means of **force OR violence** *any of the objects of rebellion or sedition*
39
Distinguish between tumults, inciting sedition, and inciting to rebellion.
Tumults or acts of disturbance
If the person who makes statements tending to incite the listeners to rise to rebellion or sedition had that original criminal intent
Inciting sedition or rebellion
If the person who makes statements do not intend to incite others to rebellion or sedition
40
Inciting to sedition or rebellion distinguished from public disorder.
Question: When may an outcry or displaying of emblems or placards be a crime of inciting to rebellion or a crime of inciting to sedition, and when may it be considered a simple public disorder under paragraph 4 of Art. 153?
INTENT
Answer: For an outcry or the displaying of emblems or placards to constitute inciting to commit rebellion or sedition, it is necessary that the offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition
But if the outcry is more or less unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, it is only public disorder.
41
Acts of disturbance or interruption could result in what crimes?
1. Art. 153 (1): Serious disturbance of public order
2. Art. 131: interruption of peaceful meeting
a. If committed by a public officer who disturbed the meeting and not a participant thereof.
3. Art. 132: interruption of religious worship
a. If committed by a public officer against a religious manifestation.
4. Art. 155: alarms and scandal a. If the disturbance is not serious.
5. Art. 138 or 142: inciting to rebellion/sedition
a. If the original criminal intent of the person who made statements that tend to incite the listeners to rebellion or sedition.
42
One who fired a submachine gun to cause disturbance, but inflicted serious physical injuries on another, may be prosecuted for two crimes.
What are the crimes
[1] **serious disturbance in a public place**
[2] **serious physical injuries** through RECKLESS IMPRUDENCE
43
Burying a person who was legally put to death constitutes what crime?
"Burying with pomp the body of a person who has been legally executed
Ostentatious (seeking to attract) display of a burial as if the person legally executed is a hero
44
Notes on Tumults & Other Disturbances of Public Order
- "Serious disturbance" must be planned or intended (US v. Domingo)
- if the act of disturbing or interrupting a meeting or religious worship is committed by a **private individual**, or even by a **public officer but he is a participant** in the meeting or religious worship which he disturbs or interrupts, Art. 153 is applicable.
- qualifying circumstance is by more than three persons who are armed OR provided with *means of violence*.
45
ARTICLE 154. ______________
ARTICLE 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES
46
What are the acts punished as unlawful use of means of publication and unlawful utterances?
ANY PERSON WHO
(1) **Publishing** or causing to be published, by means of printing, lithography or any other means of publication, [as news any false news] **which MAY endanger the public order**, OR *cause damage to the interest or credit of the State*.
*note*: Offender must know that the news is false.
(2) by the same means, or by words, utterances or speeches shall:
- Encouraging disobedience to (a) the law or to (b) the duly constituted authorities OR
- by praising, justifying, or extolling any act punished by law, by the same means or by words, utterances or speeches.
*Note*: The act of the offender of encouraging disobedience to the law or the authorities punishable under this paragraph is different from inciting to sedition which requires that the **people rise publicly**
(3) **Maliciously publishing** or causing to be published any **official resolution or document without proper authority**, or BEFORE they have been published officially.
(4) Printing, publishing or disturbing (or causing the same) books, pamphlets, periodicals, or leaflets [bppl] which do NOT bear the real printer's name, or which are classified as anonymous.
47
Is actual disorder or actual damage to the credit of the state necessary in order to be liable for art. 154?
It is not necessary that the publication of the false news actually caused public disorder or caused damage to the interest or credit of the State. The provision only used the term “MAY”. So, the mere possibility of causing such danger is sufficient. **However, the offender must know that the news is false.**
48
Difference between Art. 154 & 142 (Sedition)
Sedition requires public uprising
154 - does not require public uprising
49
ARTICLE 155.__________--
ARTICLE 155. ALARMS AND SCANDALS
50
What are the acts penalized by Art. 155 on alarms and scandals?
(1) **Discharging any [frfoe** firearm, rocket, firecracker, or other explosive WITHIN any town or public place, CALCULATED to cause alarm or danger.
(2) **Instigating or taking an active part in any charivari** (noisy mockery) OR other disorderly meeting (a) offensive to another or (b) prejudicial to **public tranquility**.
(3) Disturbing the **public peace** while wandering about at night OR while engaged in any other nocturnal amusements.
(4) Causing any **disturbance OR scandal** IN public places while *intoxicated* or otherwise, provided Art. 153 is NOT applicable.
51
What variant crimes can arise from discharge of firearm?
**Alarms and scandals** (Article 155) — offender discharges a firearm in a public place but the firearm is not pointed to a particular person when discharged.
**Illegal discharge of firearm** (Article 254) — the firearm was directed to a particular person who was not hit if intent to kill is not proved.
**Attempted or frustrated homicide or murder** — the offended was hit with intent to kill, automatically, the crime is at least attempted homicide or murder; frustrated if the wound is mortal. It has been held that when one uses a lethal weapon against another, intent to kill is inherent. Even if the offended was not hit, but it was proved that there was intent to kill, there is at least attempted homicide.
**Physical Injuries** — if the person was injured but there was no intent to kill.
**Threat** — if the weapon is not discharged but aimed at another. (Other light threat if drawn in a quarrel but not in self-defense.)
**Grave coercion** — if the threat was direct, immediate and serious and the person is compelled or prevented to do something against his will.
**Illegal possession of firearm** – if the firearm is unlicensed provided no other crime is committed by means of such firearm.
52
What is charivari?
It includes a medley of discordant voices, a **mock serenade of discordant noises** made on kettles, tins, horns, etc. **designed to annoy and insult**
53
Creating noise and annoyance may bring about offenses?
Alarms and scandals — Disturbing the public in general by playing or singing karaoke noisily during midnight in the neighborhood.
Unjust vexation — If the noise is directed to a particular
54
Distinguish between discharge of firearms in alarms and scandals, and discharge of firearms in illegal discharge.
Discharge of Firearms (A. 155)
offender discharges a firearm in a public place but the firearm is not pointed to a particular person when discharged
Illegal Discharge (254)
Offender discharges a firearm against or at another without intent to kill
CLASSIFICATION
[155] – Crime against public order
[254] – Crime against persons
ESSENCE
[155] – Calculated to cause alarms of danger to the public
[254] – Act shooting another without intent to kill
GRAVITY
[155] – light felony
[254] – less grave felony
PLACE OF COMMISSION
[155] – town or public place
[254] – anywhere
55
Notes on Alarms and Scandals
- discharge in one's garden/yard located in tow ins punished as long as **it produced alarm or danger**
- **Viada** opined that discharge of firecrackers/rockets during fiestas are NOT covered by Art 155
- If the disturbance is of a **serious nature**, the case will fall under Art. 153 (tumults and other disturbances), not under Par. 4 of this article.
56
ARTICLE 156. ______________
ARTICLE 156. DELIVERING PRISONERS FROM JAIL
57
What are the elements of the crime?
that there is a person confined in a jail or penal establishment;
that the offender *removes* therefrom such person, or *helps the escape* of such person.
58
detention prisoner v. final judgment prisoner
[DP]
A detention prisoner is someone awaiting the resolution of their case and has not yet been convicted.
- innocent until proven guilty
[FJP]
A prisoner by final judgment has been convicted through a legal process that has reached its conclusion.
- guilty
59
What is the **liability of the prisoner** who escapes?
If the prisoner removed or whose escape is made possible by commission of the crime of delivering prisoner from jail is a **detention prisoner**, such prisoner is NOT criminally liable.
- A prisoner is criminally liable *only when there is evasion of the service of his sentence*, which can be committed only by a convict by final judgment.
60
What are extensions of jails or prisons?
even if the prisoner is in the **hospital or asylum** when he is removed or when the offender helps his escape, because it is considered as an extension of the penal institution.
61
What if the offender is a public officer?
He is liable under Art 223 or crime of **infidelity of the custody of the prisoner**
62
Who is the offender in art. 156. (Delivering Prisoner from Jail)?
ANY person (other prisoners, outsiders, penal employees)
The offense under this article is usually committed by an outsider who removes from jail any person therein confined or helps him escape.
63
can a guard of the jail who is OFF DUTY be liable for delivering prisoner from jail?
policeman released prisoner inside the jail to substitute for a detention prisoner whom he later on brought out of jail, returning said prisoner inside the jail about 5 hours thereafter, may be held liable for the crime of delivering prisoners from, jail as defined and penalized under Article 156 of the Revised Penal Code and NOT for infidelity in the custody of prisoners defined and penalized under Article 223.
(People vs. Del Barrio)
- no actual release of prisoners
- irregular movement in prisons
[gpt]
- Despite being off duty, he engaged in activities that involved the movement of prisoners.
64
What are the qualifying circumstances under this offense?
- Violence
- Intimidation
- Bribery
*note* these are not elements but qualifying circumstances
[bribery]
qualifying circumstance is not the act of the offender receiving a bribe but rather the offender's act of employing bribery as a "means" of removing or delivering the prisoner from jail
"Other means" like deceit by taking the place of the supposed jailed person is punishable BUT NOT qualifying.
65
when is a person delivering a prisoner from jail liable as an ACCESSORY?
- if crime committed by prisoner is treason, murder, or parricide [TMP]
- if the offender *took the place of the prisoner in prison*
then the offender is liable as an accessory because he assists **in the escape of the PRINCIPAL**
66
CHAPTER SIX – ___________
CHAPTER SIX – EVASION OF SERVICE OF SENTENCE
67
ARTICLE 157.________
ARTICLE 157. EVASION OF SERVICE OF SENTENCE
68
What are the three kinds of evasion of the service of sentence?
1. Evasion of service of sentence by escaping DURING the term of his sentence. (Art. 157)
2. Evasion of service of sentence ON THE OCCASION of disorders. (Art. 158)
3. Other cases of evasion of service of sentence, by violating the conditions of **conditional pardon**. (Art. 159)
69
What are the elements of the crime?
the offender is a convict by final judgment;
he is serving his sentence which consists in *deprivation of liberty*;
he evades the service of his sentence by *escaping during* the term of his sentence.
70
The sentence must be "by reason of final judgment."
The crime of evasion of service of sentence can be committed only by a convict by final judgment. Hence, if the convict escapes within 15 days from the promulgation or notice of the judgment, without commencing to serve the sentence or without expressly waiving in writing his right to appeal, he is not liable under Art. 157. Detention prisoners and minor delinquents who escape from confinement are not liable for evasion of service of sentence. Detention prisoners are not convicts by final judgment since they are only detained pending the investigation or the trial of the case against them. Minor delinquents confined in the reformatory institution are not convicts, because the sentence is suspended.
If the accused escaped while the sentence of conviction was under appeal, he is not liable under Art. 157, the judgment not having become final, and this is true even if his appeal was later dismissed because he had escaped. (Curiano vs. Court of First Instance, G.R. L-8104, April 15, 1955)
Petitioner was convicted of robbery by the Court of First Instance of Albay. He appealed from the decision, but, as he escaped during the pendency of the appeal, his appeal was dismissed. As a result, he was prosecuted for evasion of service of sentence and was sentenced to the corresponding penalty. While petitioner was serving his sentence in the robbery case, he again escaped from his place of confinement. He was again prosecuted for evasion of service of sentence, and pleaded guilty.
The Solicitor General agrees with the claim of petitioner that the sentence imposed for the first alleged evasion is null and void for the reason that when he escaped, the decision of the trial court in the robbery case has not yet become final. The petitioner was sustained. (Curiano vs. CFI, [Unrep.] 96 Phil. 982)
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PDF PG 175 SKIPPED NO TIME
72
Is Article 157 applicable to sentence executed by deportation?
No, because the convict here is not sentence to imprisonment, no deprivation of liberty, hence escaping from such confinement.
In this case, the executive department has its remedy by enforcing the terms of the sentence again.
73
What is the meaning of “escape” under Art. 157?
It means the unlawful departure of prisoner from limits of his custody.
74
Is Art. 157 applicable when the penalty imposed is one of “Destierro”?
Yes. Destierro is a penalty involving deprivation of liberty since the person sentenced to such cannot free go to certain locations. This article does not only refer to those imprisoned in penal institutions.
75
What are the circumstances that will qualify the offense?
- If such evasion or escape takes place – by **means of unlawful entry** (by scaling);
- by **breaking** doors, windows, gates, walls, roofs or floors;
- by **using** picklocks, false keys, disguise, *deceit, violence or intimidation*; [dvi]
- through **connivance** with other convicts or employees of the penal institution.
76
ART 158 ________________
Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other calamities.
77
Elements
1. That the offender is a convict by final judgment, who is confined in a penal institution.
2. That there is disorder, resulting from [*ceescm*]— a. conflagration (fire), b. earthquake, c. explosion, d. similar catastrophe, or e. *mutiny in which he has NOT participated.*
3. That the offender **EVADES** the service of his sentence by leaving the penal institution where he is confined, on the occasion of (by reason of) such disorder OR during the mutiny.
4. That the offender fails to give himself up to the authorities within *48* hours **following the issuance of a proclamation by the Chief Executive** announcing the passing away of such calamity
78
what is the effect if offender fails or gives himself up within 48 hours from the proclamation?
failure - increase of 1/5 of time remaining to be served *not to exceed 6 mnths*
succeed - 1/5 deduction of the **period** of his sentence
79
What is the condition precedent for entitlement to the loyalty time allowance provided in art. 98 in relation to art. 158?
To be entitled to the time allowance, the prisoner must evade his sentence by leaving the institution. If he does not leave, he cannot belong to the class of convicts who, having evaded the service of their sentence by leaving the penal institution give up within 48 hours.
There is no assurance that had they left the penal institution, they would have returned voluntarily to take up the privations of prison life impelled by that sense of loyalty to the Government which ought to be rewarded with a special allowance.
80
Elements of the offense of violation of conditional pardon.
1. That the offender was a **convict**.
2. That he was granted a conditional pardon by the Chief Executive.
3. That he violated any of the conditions of such pardon.
81
What calamities are covered in art. 158?
Article 158 covers disorders resulting from conflagration, earthquake, explosion, or similar catastrophe (such as **lahar flow, volcanic eruption, landslide**), and mutiny. Only circumstances of a nature similar to those previously enumerated shall be covered by the general term of "similar catastrophe." (ejusdem generis)
82
How is evasion committed in art. 158?
**Evasion lies in the failure to return**, NOT in leaving the penal establishment because leaving is encouraged in cases of disorders enumerated therein.
This is shown by the fact that there is premium for those who leave and thereafter return after the disorder ceases.
Thus:
- Leaving without returning - 1/5 addition to the remaining sentence which should not be more than six months, that is, 1/5 of the balance of the sentence to be served or six months whichever is lesser
-Not leaving - no deduction, penalty as is
-Leaving and thereafter returning within 48 hours - 1/5 deduction from his sentence as provided under
The deduction for loyalty under Article 98 should be based on the original sentence as the article did not qualify the word "sentence" unlike in Article 158 which expressly stated that the sentence to be added shall be based on the period "still remaining to be served." When the law does not qualify, neither should the court do. Moreover, Article 158 specified that the additional sentence should not exceed six months showing the intent of Congress to limit the penalty to the accused, whereas in Article 98, there is no such qualification. Finally, is all doubts must be construed in favor of the accused. Since it is more favorable to him that the lowering is on the basis of the original sentence, then that construction should be followed.
83
ARTICLE 159.____________
ARTICLE 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE
84
What are the elements of the crime of violation of conditional pardon?
The elements are –
- the offender was a convict;
- he was granted a conditional pardon by the Chief Executive;
- he violated any of the conditions of such pardon.
85
Why is violation of conditional pardon an evasion of sentence?
It is evasion because when the prisoner accepted the condition, no matter how onerous, he must respect the condition. **It is a contract between him and the President**. Otherwise, he is deemed to have accepted the conditional pardon only to be relieved of the penalty. Further, conditional pardon is extended on the basis of good conduct in prison and the presumption that the pardonee shall not commit an offense anymore. If he violates the condition of his pardon, it shows that he is not after all a reformed convict.
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Is violation of conditional pardon a substantive offense?
Violation of conditional pardon is NOT a substantive offense if the penalty remitted (reduced/forgiven) is MORE THAN six (6) years *since the pardonee is merely made to serve the balance of the penalty for the crime for which he was pardoned*.
But if the penalty remitted is six years OR LESS, it is a substantive offense for there is a new penalty for the violation.
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What are the two penalties provided for in Art. 159 and when are they applicable?
*Prision correccional* in its minimum period – if the penalty remitted DOES NOT EXCEED 6 years.
The unexpired portion of his original sentence – if the penalty remitted is higher than six years.
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If the prisoner is (1) detention prisoner or (2) convict serving final judgment, what crime is committed?
(1) If the prisoner is a detention prisoner, then he does NOT commit the crime under this article as there is no sentence to evade. Article 157 is not applicable, for it specifies "convict." The offense of the detention prisoner should fall under Article 156 which refers to "any person confined therein" if there was conspiracy between the detention prisoner and the one who helped in his escape. The detention prisoner in that case is either a principal by inducement or by direct participation.
In the latter case, he is a principal by direct participation if there was no prior agreement for his escape but he acquiesced at the time of escape which is implied conspiracy.
(2) If the prisoner is a convict by final judgment, he is liable for evasion of service of sentence.
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Distinguish violation of conditional pardon from evasion of service of sentence.
VIOLATION OF CONDITIONAL PARDON
1. Infringes the terms of the contract
2. Does not affect public order
EVASION OF SERVICE OF SENTENCE
1. Defeats the purpose
2. Disturbs public order
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CHAPTER SEVEN – ___________________
CHAPTER SEVEN – COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
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ARTICLE 160. __________________
ARTICLE 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
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What is quasi-recidivism?
Quasi-recidivism is a **special aggravating circumstance** where a person, after having been convicted by final judgment, shall commit a new FELONY (RPC) before beginning to serve such sentence, or while serving the same.
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Elements of quasi-recidivism
1. Tha t the offender was already convicted by final judgment of one offense.
2. That he committed a new felony before beginning to serve such sentence or while serving the same.
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What are the other crimes of habituality?
- RECIDIVISM
a recidivist is one who *at the time of his trial of one crime* shall have been previously convicted by final judgment of another crime embraced in the same title of the Code. The effect is **ordinary aggravating** and can be offset by ordinary mitigating.
- REITERACION/HABITUALITY
Also an **ordinary aggravating circumstance**. It is the circumstance where the offender has been previously punished (has served sentence). The first offense must have been punished with equal or greater penalty; or he has committed two or more crimes previously to which the law attaches a lighter penalty. It does not require that the offenses be covered under the same title of the Code.
- MULTIRECIDIVISM/
HABITUAL DELINQUENCY
a person is a **habitual delinquent** if within the period of [10 years from the date of his release or last conviction] of the crimes of falsification, robbery, estafa, theft, serious or less serious physical injuries (FRETSeL), he is found guilty of said crimes a **third time or oftener**.
The result of **multirecidivism** is additional penalty/incremental penalty. The more crimes committed, the higher the additional penalty.
95
Distinguish quasi-recidivism from reiteracion.
The aggravating circumstance of "reiteracion" requires that the offender against whom it is considered shall have served out his sentences for the prior offenses. Here, all the accused were yet serving their respective sentences at the time of the commission of the crime of murder. The special aggravating circumstance of quasi-recidivism (Art. 160, R.P.C.) was correctly considered against all the accused. (People vs. Layson,
