AT9-CLJ4 Jose federico DG.

Aniceto BSCRIM lll-2

1. What are the elements of evasion on the occasion of disorders?

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 conflagration, earthquake, explosion, similar catastrophe, or
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 such disorder or during the mutiny; and

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.

2. What are the elements of evasion by escaping during term of sentence?

ELEMENTS:

1. That the offender is a convict by final judgment;

2. That he is serving his sentence which consists in deprivation of liberty (destierro included); and

3. That he evades the service of his sentence by escaping during the term of his sentence.

3. What is a final judgement? Explain.

- Under Sec. 7 of Rule 16 of the Rules of Court, a judgement in a criminal case becomes final after the
lapse of the period for perfecting an appeal or when the sentence has been partially or totally satisfied
or served, or the defendant has expressly waived in writing his right to appeal.

4. What is special allowance for loyalty? Explain.

- The special allowance for loyalty (deduction of sentence) is refers to those convicts, who having
evaded the service of their sentences by leaving the penal institution, give themselves up within 48
hours following the issuance of the proclamation by the President announcing the passing away of the
calamity or catastrophe. They will be entitled to a deduction of 1/5 of the remaining period of thier
sentence; and a deduction of 2/5 of the period of sentence shall be granted in case said prisoner chose
to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe.

5. What are the elements of evasion by violation of conditional pardon?

ELEMENTS:

1. That the offender was a convict;

2. That he was granted a conditional pardon by the chief executive; and

3. That he violated any of the conditions of such pardon.

6. Distinguish violation of conditional pardon from evasion of service of sentence.

- Violation of conditional pardon is not a public offense and it does not cause harm or injury to the right
of another person nor does it disturb public order. On the other hand, Evasion of servise of sentence is a
public offense separate and independent from any other act.

7. What are the elements of quasi-recidivism? Explain.

ELEMENTS:

1. That the offender was already convicted by final judgment of one offense; and

2. That he committed a new felony before beginning to serve such sentence or while serving the same.

8. What are punishable acts under Article 161 of the Revised Penal Code?

ACTS PUNISHABLE:

1. Forging the great seal of the Government;

2. Forging the signature of the President; or

3. Forging the stamp of the President.

9. What are the elements of using forged signature, seal or stamp?

ELEMENTS:

1. That the great seal of the Republic was counterfeited or the signature or stamp of the chief executive
was forged by another person;

2. That the offender knew of the counterfeiting or forgery; and

3. That he used the counterfeit seal or forged signature or stamp

10. What are the elements of making, uttering and importing false coins?

ELEMENTS:

1. That there be false or counterfeited coins (need not be legal tender);

2. That the offender either made, imported or uttered such coins; and
3. That, in case of uttering such false or counterfeited coins, he connives with counterfeiters or
importers.