Name: BETITA, JAMAICA FAITH P.

Name of Instructor: Atty. RONALDO G. GOMEZ

School: Davao Oriental State University
Subject: Criminal Law Book 2
Class: Section 3B
Date of Submission: October 19, 2022

Question:
1.) What are the elements of arbitrary detention?
Answer:
The elements are;
i. That the offender is a public officer or employee
ii. That he detains a person; and
iii. That the detention is without legal grounds

Question:
2.) What are the legal grounds for detention of any person?
Answer:
i. The commission of a crime; and
ii. Violent insanity or any other ailment requiring the compulsory
confinement of the patient in the hospital (RPC, Art.124(2)).
Question:
3.) Expulsion is what type of crime?
Answer:

The penalty of prison correctional shall be imposed upon any public

officer or employee who, not being thereunto authorized by law, shall
expel any person from the Philippine Islands or shall compel such
person to change his residence. (Art. 127)

Therefore, this type of crime is committed by a public official or

employee who unlawfully forces someone to leave the Philippines or
change their home when they are not permitted to. Only the
competent court may require a person to shift his or her residence by
final decision.
Question:
4.) Who are considered judicial authorities within the provision of
Article 125 of the RPC?
Answer:
Judicial authorities refer to the Supreme Court or other inferior court
as may be established by law. Whereby the latter acquire jurisdiction
to issue an order of release or commitment of the prisoner.

Question:
5.) What are the elements of searching domicile without witnesses?
Answer:
i. That the offender is a public officer or employee;
ii. That he searches the domicile, papers, or other belongings of
any person;
iii. That he is armed with search warrant legally procured; and
iv. That the owner or any members of his family, or two witnesses
residing in the same locality is not present

Question:
6.) What are the elements of interrupting of religious worship?
Answer:
i. That the offender is a public officer or employee; What are the
elements of offending the religious feelings?
ii. That the religious ceremonies or manifestations of any religion
are about to take place or are going on; and
iii. That the offender prevents or disturbs the same.

Question:
7.) What are the elements of offending the religious feelings?
Answer:
I. That the act complained of were performed;
i. A place devoted for religious worship; or
ii. During the celebration of religious ceremony; and

II. That the act must be notoriously offensive to the feelings of the
faithful.

Question:
 8.) Give five examples of crimes against public order?
Answer:
i. Alarms and Scandal
ii. Sedition
iii. Illegal Assemblies
iv. Direct Assaults
v. Indirect Assaults

Question:
9.) What are the elements of rebellion or insurrection?
Answer:
I. There is a public uprising and taking arms against the
Government;
II. The purpose of the uprising or movement is—
i. to remove from the allegiance to said Government or its laws,
the territory of the Republic of the Philippines or any part
thereof, of any body of land, naval or other armed forces, or
ii. to deprive the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives.

Question:
10.) What are the elements of sedition?
Answer:
I. Offenders rise publicly and tumultuously;
II. Offenders employ force, intimidation, or by other means outside of
legal methods;
III. Purpose is to attain any of the following objects:
i. to prevent the promulgation or execution of any law or the
holding of any popular election;
ii. 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;
iii. to inflict any act of hate or revenge upon the person or property
of any public officer or employee;
iv. to commit, for any political or social end, any act of hate or
revenge against private persons or any social class; and
v. 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.

Question:
 11.) What are the elements of conspiracy to commit sedition?
Answer:

i. Two (2) or more persons come to an agreement and a decision

to rise publicly and tumultuously to attain any of the objects of
sedition;
ii. They decide to commit it.

Question:
12.) What are the elements of indirect assaults? (Article 149)
Answer:
i. The direct assault is committed against an agent of a person in
authority;
ii. That the offended party comes to the aid of such agent of a person in
authority; and
iii. That the offender makes use of force or intimidation upon the said
offended party.

Question:
13.) What are the elements of evasion of service of sentence?
Answer:
(Article 157)
i. The offender is a convict by final judgment;
ii. He "is serving his sentence which consists in deprivation
of liberty"; and
iii. He evades service of sentence by escaping during the
term of his sentence.
Question:
14.) What is the main difference between direct assaults and
indirect assaults?
Answer:
i. Direct assault is penalized under the provisions of Art. 148 of
the RPC.  It defines direct assault as an act of employing force
or intimidation by any person or persons or resisting any person
in authority or any of his agents while in the performance of
official duties.
ii. Indirect assault is committed when any person shall make use
of force or intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the commission of
direct assault.
Question
 15.) Can a convict sentenced to a penalty of destierro commit
the crime of evasion of service of sentence under Article 157 of
the RPC?
Yes, a criminal condemned to destierro can commit the crime of
evasion of service of sentence under Article 157 of the RPC since a
convict might sense an unfairness towards their rights because they
see themselves as victims as well, even if they performed an illegal
conduct.
Question:
16.) What is quasi-recidivism?
Answer:

A person who has been found guilty by final judgment and

commits a second offense either before starting to serve their sentence
or while already serving it is said to be guilty of quasi-recidivism. He will
be punished for the new offence for the lengthiest possible time under
the law. Because of the offender's perversity and incorrigibility, the
punishment is justifiable. For instance, if a person commits a crime like
murder twice while still in jail, the punishment will be increased to the
maximum penalty.