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Criminal law 2

Study online at quizlet.com/_1hkdy 1._____ is committed whether the vessel is ____ OR ____ as long as it is committed______the vessel, because it can now be committed in Philippine waters.: Piracy ; Anchored or moving; aboard 2.(CORRESPONDENCE WITH HOSTILE COUNTRY) If the act is intended to aid the enemy, this is ___ in nature, hence the penalty is severe as in _____, but in proving it, the _______does not apply.: treasonable; Treason; two-witness rule 3.(Pp. vs. Camerino) ARBITRARY DETENTION: if a private individual conspired with public officers then they can be held liable for Arbitrary Detention 4. Pirates are in law ______. Piracy is a crime not against any particular state but against all mankind. Piracy knows no_______ , hence the offender can be tried in the place where he may be found or into which he may be carried. (Pp. vs. Lol-lo - supra).: Hostis humani generis ; territorial limits 5.A detained person _____ should be informed of his rights: upon arrest 6.ARBITRARY DETENTION: It is the deprivation by a public officer of the liberty of a person without any legal ground. 7.ARBITRARY DETENTION (Acts): 1) He detains a person 2) Without legal grounds 8.Before the complaint or information is filed, the person arrested may ask for a _____but he must sign a ____ of the provisions of Art. 125 of the RPC, as amended, in the ____. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within 15 days from its inception: preliminary investigation, waiver , presence of his counsel 9.Conspiracy (evidence needed to prove guilt): clear and convincing evidence. 10.Conspiracy to commit a crime is not a crime -exceptions: 1) Conspiracy to commit Treason 2. Conspiracy to commit Rebellion, insu., or coup d'etat and 3) Conspiracy to commit Sedition. 11.Conspiracy to commit felony: when two or more persons come to an agreement concerning the commission of a felony and decided to commit it 12.Conspiracy to commit Treason (Penalty): Prision Mayor and a fine not exceeding P10,000; 13.CORRESPONDENCE WITH HOSTILE COUNTRY (elements): 1) That there is a war in which the Philippines is involved; 2) That the offender shall have correspondence with an enemy country or territory occupies by enemy troops; and 3) That said correspondence is: a) prohibited by the govt. ( Prision Correccional); b) carried on ciphers or conventional signs (Prision Mayor); and c) notice or information be given thereby which might be useful to the enemy (Reclusion Temporal) or intended by the offender to aid the enemy (Reclusion Temporal to Death). 14.CORRESPONDENCE WITH HOSTILE COUNTRY (Offenders): any person 15.Crime: is the commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and the commission and omission of which is punishable by a proceeding brought in the name of the government whose law has been violated

16.Criminal Law: branch of public law which defines crimes, treats of their nature and provides for their punishment 17.Delay In The Delivery of Detained Persons To The Proper Judicial Authorities: In this felony, the detention is legal but the public officer failed to deliver the detained persons to the proper judicial authorities within the prescribed no. of hours: 12 hours for crimes punishable with light penalties; 18 hours for crimes punishable with correctional penalties and 36 hours for crimes punishable with afflictive or capital penalties (Executive Order 272). 18.Delay In The Delivery of Detained Persons To The Proper Judicial Authorities (fyi): This is a felony by omission. If a private individual conspires with the public official, then he can be held liable under this law (applying the Camerino doctrine by analogy). 19.Delay In The Delivery of Detained Persons To The Proper Judicial Authorities (Offenders): Public Officer or employee 20.Delay In The Delivery of Detained Persons To The Proper Judicial Authorities. It does not mean the physical delivery of the prisoner. (true or false): true 21.Delivery of a detained person consists in _____: making a charge or filing a complaint against the prisoner with the proper court. 22.Detention: deprivation or restraint of liberty 23.detention becomes arbitrary only when?: the time required for the delivery of prisoner to the judicial authority lapses. 24.Distinction between Piracy & Mutiny:: 1) P- attack from the vessel comes from the outside; M- attack are from the inside; 2) P- there is intent to gain; M - intent to gain is immaterial 25.Distinguish Treason from Espionage:: 1) Treason is a war crime; Espionage can be committed in time of peace or war; 2) Treason is committed by person who owes allegiance to a country; while Espionage can be committed by a foreigner or Filipino. 3) Ways of committing the crime are distinct. Penalty - First act - Prision Correccional - Second act - higher by next degree bec. The offender is a pub.officer. 26.Elements of act no. 2 (ESPIONAGE): 1) The offender is a public officer ; 2) He has in his possession article, data, or information which are confidential relative to the defense of the Phil. Govt.; 3) He discloses their contents to a representative of a foreign nation 27.Elements of act no.1 (ESPIONAGE): 1) The offender without any authority enters a warship, fort, naval or military establishment or reservation; and 2) He obtains information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines In the first act, it is not necessary that the offender succeeds in obtaining the data 28.ESPIONAGE: This crime is not conditioned by the citizenship of the offender and is an offense against national security ( Santos vs. Misa - 70 Phil. 415). 29.Flight To Enemy's Country (elements): 1) Existence of war in which the Philippines is involved; 2) Offender owes allegiance to the Philippines.; 3) He attempts to flee to enemy country which is prohibited

30.Flight To Enemy's Country (FYI): Mere attempt to flee is punishable. This can be committed by a foreigner who owes temporary allegiance to the government 31.Flight To Enemy's Country (offenders): any person 32.Flight To Enemy's Country (penalty): Arresto Mayor 33.High seas: waters on the sea coast which are without low water mark, beyond the 12 nautical miles (Archipelagic Doctrine on the Laws of the Conference of the Sea). 34.If the filing of the complaint or information is done without preliminary investigation, the accused may, within _____ from the time____________ , may ask for a preliminary investigation with the same right to _______in his defense.: 5 days, he learns of the filing of the information or complaint ;adduce evidence 35.In ________, piracy can be committed by a______ of said vessel in Phil. waters. However, under the amendatory provision of , ______it is specifically provided that the offender is a"______" - Being the latest amendment the latter should prevail.: PD 532; passenger or member of the complement; RA 7659; person who is not a member of its complement nor a passenger of said vessel 36.In ______, the detention at the very _____ is unlawful because there is no___ and there is no lawful cause as provided under the Rules of Court.: Arbitrary Detention; inception; warrant of arrest 37.Inciting To War of Giving Motives for Reprisa (Penalty): Prision Mayor - if the offender is a private individual; Reclusion Temporal, if the offender is a public officer. 38.Inciting To War of Giving Motives for Reprisal (Elements): 1) The offender commits unlawful or unauthorized acts; and 2) Said acts provoke or give occasion for a war involving or liable to involve the Phils. or expose Filipinos to reprisals on their persons or property. 3) This is committed in time of peace. 39.Inciting To War of Giving Motives for Reprisals (Offenders): any person (private individual or public officer) 40.Is there a Qualified Mutiny?: Is there a Qualified Mutiny? - Art. 123 - provides " any of the crimes referred to in the preceding article". Hence, it embraces not only piracy but also mutiny. So, there is such crime as Qualified Mutiny. However, as far as Qualified Mutiny is concerned, only pars. 2 & 3 will apply, because the offenders in par. 1 are outsiders. The Murder, Homicide, Physical Injuries or Rape are special aggravating & as these accompanied the crime of Qualified Piracy/Mutiny- hence such cannot make the crime complex. 41.Judicial Authority: - means the courts of justice, or judges of the courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed an offense. 42.Legal grounds to detain a person: 1) commission of a crime 2) violent insanity or other ailment requiring confinement at the hospital. 43.Meaning of vessels: Sec. 2 (b) of PD 532- any watercraft, such as banca or raft or fishing boats 44.Miranda Doctrine ( RA 7438).: A detained person upon arrest should be informed of his rights 45.MISPRISION OF TREASON: It is the failure of the citizen to report as soon as possible a conspiracy, which comes to his knowledge, against the govt. But there must be a war in which the Phil. Govt. is a party.

46.MISPRISION OF TREASON (elements): 1) Offender owes allegiance to the Phil. Govt.; 2) Filipino 3) Has knowledge of a conspiracy to commit Treason against said govt.; & 4) Conceals or fails to disclose the same to the authorities in which he resides. 47.MISPRISION OF TREASON (Possible offender): is a Filipino ( not a foreigner). 48.Modes of committing Treason: 1.Levying war 2. Adhering to the enemy giving them aid or comfort. 49.Modes/manner of committing Piracy: 1) By attacking or seizing a vessel on the high seas or Philippine waters; and 2) By seizing the whole or part of the cargo or equipment of the vessel while on the high seas or Philippine waters or the personal belongings of its complement or passengers. 50.MUTINY: is an unlawful resistance to a superior officer as the raising of commotions and disturbance on board a ship against the authority of its commander. 51.Offenders OF ARBITRARY DETENTION: Public Officer or employee. He must be vested with the authority to detain or order the detention of persons accused of a crime. Exs. Policemen & other agents of the law, judges or mayors. (if committed by a private individual - Illegal Detention). 52.Penalty for treason: - Filipino offenders - Reclusion Perpetua to Death or a fine not to exceed P100,000 pesos - Resident Aliens - Reclusion Temporal to Death and a fine not to exceed P100,000 pesos. (As amended by RA 7659). 53.Piracy: is robbery or forcible depredation in the high seas, without lawful authority and done animo furandi and in the spirit & intention of universal hostility (People vs. Lol-lo- 43 Phil. 19). With the amendatory provisions of PD 532 & RA 7659 - Piracy & Mutiny now can be committed in Philippine waters. 54.PIRACY & MUTINY (OFFENDERS): Any person - who is not a passenger or crew of the vessel. The offenders are strangers to the vessel. The attack against the vessel comes from the outside but the seizure of the cargo takes place inside the vessel. Seizure may be committed by persons who smuggled themselves into the vessel for that purpose. Since they are not members of the crew nor passengers, they are therefor "strangers 55.Preliminary Investigation: is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held liable for trial. 56.Preliminary Investigation -Purposes:: 1) to determine if a crime has been committed: 2) to protect the accused from the inconvenience, expense and burden of defending himself; 3) to secure the innocent against a hasty, malicious and oppressive prosecution; 4) to protect the state from having to conduct useless and expensive trials. 57.Procedure: Sec. 7: Rule 112- Rules of Court: When a person is lawfully arrested without a ____ involving an offense which requires a ________ the______ may be filed by a______ without need of such investigation provided an ______has been conducted in accordance with existing rules. X x x x: warrant ; preliminary investigation ;complaint or information; prosecutor; inquest 58.Proposal to commit a felony: when the person who has decided to commit a felony proposes its execution to some other persons 59.Proposal to commit Treason (Penalty): Prision Correccional and a fine not exceeding P5,000.

60.QUALIFIED PIRACY (Modes of committing it:): 1) Whenever the offenders have seized a vessel by boarding or firing upon the same; 2) Whenever the pirates have abandoned their victims without means of saving themselves; or 3) Whenever the crime is accompanied by murder, homicide, physical injuries or rape. 61.Rationale of Article 125: 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. Furthermore, it penalizes a public officer who shall detain a person for some legal grounds and shall fail to deliver the said person to the proper court within the period prescribed by law. 62.REPUBLIC ACT NO. 7438- custodial investigation involves ____: questioning initiated by law enforcement after a person is taken into custody or otherwise deprived of his freedom of action. When the suspect is taken into custody and the police carries out a process of interrogations that tends to elicit incriminating statements, the rule begins to operate ( Pp. vs. Tan - 91 SCAD). 63.Rule 113, Sec. 5: Valid Warrantless Arrest:: 1) When in his presence, the person has committed, is actually committing, or is attempting to commit an offense; 2) when an offense has just been committed that he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and 3) when the person to be arrested is a prisoner who has escaped from penal establishment. 64.Sanchez vs. Demetriou - en banc - application of _______ of the body, physical restraint or formal declaration of arrest is not required. It is enough that there is_____. Custodial investigation includes "invitation".: actual force, manual touching ; intent. 65.Similarity (Piracy & Mutiny:): both are crimes under the Laws of the Nations 66.The 12-18-36 hours do not run when the courts are ______ to receive the complaint or information being filed.: not open 67.TREASON: is a breach of allegiance, which is an obligation of fidelity and obedience one owes to the government or sovereign under which he lives, in return for the protection he receives (Laurel vs. Misa- 77 Phil. 856). 68.TREASON (Persons liable): 1) Filipino citizens - owe permanent allegiance. 2) Resident aliens - owe temporary allegiance. 69.Violation of Neutrality: This is committed in time of war 70.Violation of Neutrality (elements): 1) There is a war in which the Philippines is not involved; 2) Competent authorities have issued regulations to enforce neutrality; and 3) The offender violates any of said regulations. 71.Violation of Neutrality (Offenders:): any person 72.Violation of Neutrality (Penalty ): Prision Correccional 73.Warrant of Arrest: is an order in writing issued in the name of the People of the Phils., signed by a judge and directed to a peace officer, commanding him to take into custody a person who may be bound to answer for the commission of a crime. 74.Warrant of Arrest Either:: 1) actual restraint 2) by his submission No violence or unnecessary force shall be used.