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Philippine Revised Penal Code Book 2 Midterm Reviewer
Philippine Revised Penal Code Book 2 Midterm Reviewer
MIDTERM REVIEWER
January 2007
CRIMINAL LAW II
MIDTERM REVIEWER
January 2007
CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
Mutiny
They are members of
the crew or
passengers
Intent to ignore the
ships officers or they
may be prompted by
a desire to commit
plunder
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CRIMINAL LAW II
MIDTERM REVIEWER
1. Commission of a crime
2. Violent insanity or other ailment
requiring compulsory confinement
of the patient in a hospital.
** Arrest without warrant us the usual cause
of arbitrary detention.
Warrantless arrest:
1. When in the presence of a peace
officer or a private person, the person
to be arrested has committed, is
actually committing, or is attempting
to commit an offense;
2. 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;
3. When the person to be arrested is a
prisoner who has escaped from a
penal establishment or place where he
is serving final judgment or
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.
** It can be committed thru imprudence.
125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. Offender public officer or employee
2. Offender detained a person for some
legal grounds
3. Offender fails to deliver person to
proper judicial authorities within:
12 hours offenses of light penalty
18 hours offenses of correctional
penalty
36 hours offenses of afflictive or
capital penalty
** Applies only to legal warrantless arrest if
the arrest was made with warrant, the
person arrested can be detained indefinitely
until his case is decided by the court or he
posts a bail for temporary release.
** Reason for provision it is intended to
prevent any abuse resulting from confining a
person without informing him of his offense
and without permitting him to go on bail.
Hanna Magkasi 2007
January 2007
CRIMINAL LAW II
MIDTERM REVIEWER
** Qualifying circumstances:
1. nighttime
2. papers/effects not constituting
evidence of a crime are not returned
immediately after the search made by
the offender
129. SEARCH WARRANTS MALICIOUSLY
OBTAINES AND ABUSE IN THE SERVICE
OF THOSE LEGALLY OBTAINED
Procuring a search warrant without just
cause
Elements:
1. Offender public officer or
employee
2. Offender procures a search
warrant
3. There is no just cause
Properties to be seized:
1. Subject of the offense
2. Stolen or embezzled and other
proceeds or fruits of the offense
3. Used or intended to be used as the
means of committing an offense
Requisites for issuing search warrant:
1. Probable cause connected with one
specific offense, determined
personally by the judge after
examination under oath or affirmation
of the complainant and the witnesses
he may produce
2. Particularly describing the place to be
searched or the person of place to be
seized, which may be anywhere in the
Philippines
** A search warrant shall be valid for 10 days
from its date. Thereafter, it shall be void.
January 2007
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CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
VIOLATIONS IN CONSTITUTION:
1. Arts. 124, 125, and 126 - Sec. 1, Art.
3: Right to liberty
2. Art. 127 - Sec. 6, Art. 3: Liberty of
abode
3. Arts. 128, 129, and 130 - Sec. 2, Art.
3: Right against unreasonable
searches and seizures
4. Art. 131 - Sec. 4, Art. 3: Freedom of
speech, expression, and press,
assembly and redress of grievances
5. Arts. 132 and 133 - Sec. 5, Art. 3:
Freedom of religion
Rebellion
Levying of war
against the
government for
reasons: remove from
allegiance to
government and
deprive president
and congress of any
of their powers;
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CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
May be committed by
mere adherence to
adherence to the
enemy giving him aid
or comfort;
Can be committed by
an individual;
Crime against
national security
Always involves
taking up arms
(uprising) against the
government;
Multitude/ crime of
masses.
Crime against public
order
CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
Inciting to
rebellion
Not required that the
offender has decided
to commit rebellion;
The act of inciting is
done PUBLICLY;
Proposal to commit
rebellion
The person who
proposes has decided
to commit rebellion;
The person who
proposes the
execution of the
crime uses SECRET
MEANS.
139. SEDITION
Elements:
1. Offenders rise publicly and
tumultuously;
2. Offenders employ Force,
Intimidation, or other means outside of
legal methods;
3. Objects:
a. To prevent the promulgation or
execution of any law of the
holding of any popular election;
b. To prevent the National
Government, or any provincial
or municipal government, or
any public officer thereof from
freely exercising its or his
functions, or prevent the
execution of any administrative
order;
c. To inflict any act of hate or
revenge upon the person or
property of any public officer or
employee;
d. To commit, for any political or
social end, any act of hate or
revenge against private persons
or any social class; and
e. To despoil, for any political or
social end, any person,
municipality or province, or the
National Government of all its
property or any part thereof.
Sedition
Public uprising
tumultuous
Purpose may be
political or social
Common crimes not
absorbed
Proposal is not
punished
Objects raising of
commotions or
disturbances in the
state;
(5 objects of sedition)
Rebellion
Taking up of arms
against the
government
Purpose is always
political
Common crimes are
absorbed
Proposal is punished
Objects: purpose of
taking arms against
government;
(remove from
allegiance and
deprive exec. and
legis. of freely
Offended party
government, public
officers or
employees, private
persons and social
class
exercising their
powers)
Offended party
state as a whole
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CRIMINAL LAW II
MIDTERM REVIEWER
January 2007
CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
Illegal Association
Actual meeting is
NOT necessary;
The act of forming or
organizing and
membership in the
association that are
punished;
Founders, directors,
president, and
members - LIABLE
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CRIMINAL LAW II
MIDTERM REVIEWER
January 2007
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CRIMINAL LAW II
MIDTERM REVIEWER
January 2007
Qualifying circumstances:
1. Unlawful entry (climbing the wall)
2. Breaking doors, windows, gates, walls,
roofs, or floors
3. Using picklocks, false keys, disguise,
deceit, violence or intimidation
4. Connivance with other convicts or
employees of the penal institution
158. EVASION OF SERVICE DURING
DISORDERS
Elements:
1. Offender convict by final judgment,
confined in a penal institution
2. Disorder conflagration, earthquake,
explosion, similar catastrophe, mutiny
(he has not participated)
3. Offender evades by leaving penal
institution on the occasion of such
disorder
4. Offender fails to give himself up to
authorities 48 hours following the
issuance of the Chief Executive
announcing the passing away of such
calamity
** The offender must be a convict by final
judgment, and must leave the penal
institution.
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CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
Quasi-Recidivism
Special aggravating
circumstance
Cannot be offset by a
mitigating
circumstance
1st offense may be
other violation; 2nd
offense should be a
felony
Committed before
beginning to serve or
while serving the
sentence
CRIMINAL LAW II
MIDTERM REVIEWER
January 2007
CRIMINAL LAW II
MIDTERM REVIEWER
January 2007
CRIMINAL LAW II
January 2007
MIDTERM REVIEWER
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