1. In this title, Title 2, the general rule is that all offenses are required to be committed by whom?
State the exception.
In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.
2. To be considered a public officer, what are the requirements?
1) Existence of a de jure office; (2) must possess the legal qualifications for the office in question; (3) must be lawfully chosen to such office; (4) must have qualified himself to perform the duties of such office according to the mode prescribed by law. 3. What are the elements of the crime of arbitrary detention?
Any public officer or employee who, without legal grounds, detains a
person, shall suffer: 1. The penalty of arresto mayor, in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three day 4. When is a person considered in detention
The commission of a crime, or violent insanity or any other ailment
requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for detention of any person. Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. 5. When is detention said to be without legal grounds?
Detention is considered without legal grounds when: The person has
not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime. 6. What are the legal grounds for the detention of persons without which a public officer may be held liable? State the general rule, and the exception.
The penalty of arresto mayor, in its maximum period to prision
correccional in its minimum period, if the detention has not exceeded three days; The penalty prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days; The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and That of reclusion temporal, if the detention shall have exceeded six months 7. X, a police officer, falsely imputes a crime against A to be able to arrest him but he appears to be not determined to file a charge against him. What crime, if any, did X commit?
X committed the crime of slander which also adress defamation and
libel. 8. What are the elements of this crime?
Delay in the delivery of detained persons to the proper judicial authorities,
Revised Penal Code The offender is a public officer or employee; He detains any person for some legal ground; and. He fails to deliver such person to the proper judicial authorities within the period of 9. When is there delay in the delivery of detained persons to the proper judicial authority for crimes punishable by light penalties or their equivalent? What about for crimes punishable by correctional penalties or their equivalent? What about for crimes punishable by afflictive penalties or their equivalent?
The penalties provided in the next preceding article shall be imposed
upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. 10. Distinguish between light, correctional and afflictive penalties.
A fine, whether imposed as a single or as an alternative penalty, shall
be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty, if it be less than 200 pesos. ARTICLE 27. Reclusión Perpetua.