Criminal Law Book 2(1).pdf - Free download as PDF File .pdf), Text File .txt) or read online for Philippine Revised Penal Code Book 2 - Midterm Reviewer. Download as DOCX, PDF, TXT or read online from Scribd. Flag for inappropriate REVISED PENAL CODE. BOOK 2. Art. - Treason Reyes RPC Book 1. Full text of the Revised Penal Code of the Philippines [Act No. BOOK TWO . 2. The penalty of prision correccional in its medium and maximum periods, if the.
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Preliminary Article — This law shall be known as "The Revised Penal Code." BOOK ONE 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations Title One of Book Two of this Code. Title One. The Revised Penal Code book. Read 14 reviews from the world's largest community for readers. 2, pp. quashal of the Informations on two (2) grounds, namely: 1) the facts adduced do not. 10 Luis B. Reyes, Revised Penal Code, Book.
Limitations on the power of Congress to enact penal laws ON 1. In crimes punished under the Revised Penal Code, the moral trait of the..
Anonymous October 29, at PM. Reyes The revised penal code book. Anonymous July 7, at PM..
Act No. Manila: Phoenix Press Inc. Alex Reyes and Mariano de Joya does not therefore pretend that it has. The Revised Penal Code has ratings and 43 reviews. Sherry said: By hook or by crook I need to finish this book from the front cover to the back cover..
It didn't repeal Art. Crime ONE. By means of unlawful entry. Psychological restraint is sufficient.
If the acts and actuations of the accused can produce such fear in the mind of the victim sufficient to paralyze the latter, to the extent that the victim is compelled to limit his own actions and movements in accordance with the wishes of the accused, then the victim is, for all intents and purposes, detained against his will Astorga vs. People, G. Legal grounds for the detention of persons: 1. The commission of a crime 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Note: This is list is not exclusive so long as the ground is considered legal e.
The public officer liable for arbitrary detention must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefor. If the detention is perpetrated by other public officers NOT vested with authority or any private individual, the crime committed is illegal detention Art. The penalty for Arbitrary Detention depends upon the period of detention involved. A greater penalty is imposed if the period is longer.
Arrest without a warrant is the usual cause of arbitrary detention. The crime of unlawful arrest is, however, absorbed in the crime of arbitrary detention. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; In his presence when the officer sees the offense being committed, although at a distance, or hears the disturbance created thereby and proceeds at once to the scene thereof, or when the offense is continuing or has not been consummated at the time the arrest is made, the offense is said to be committed in his presence.
Samonte, 16 Phil  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, 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. That he has detained a person for some legal ground Sec. That he fails to deliver such person to the proper judicial authorities within: a.
The means of communication; 2. The hour of arrest; and 3. Other circumstances such as the time of surrender and the material possibility of the fiscal to make the investigation and file in time the necessary information.
Meaning of proper judicial authorities It refers to the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense. Reason for Article 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.
A private individual who makes a lawful arrest must also comply with requirements under Art. The illegality of the detention is not cured by the filing of information in court. It does NOT apply when the arrest is by virtue of a warrant of arrest, in which case he can be detained indefinitely. He must, however, be delivered without unnecessary delay to the nearest police station or jail.
Person arrested may request for a preliminary investigation but must sign a waiver of Art. Delivery to proper authorities It means filing of an information against the person arrested with the corresponding court or judge. It does not mean physical delivery. By delaying the performance of a judicial or executive order for the release of a prisoner; 2. By unduly delaying the service of the notice of such order to said prisoner; 3.
By unduly delaying the proceedings upon any petition for the liberation of such person. Elements: 1. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person; 3.
That the offender without good reason delays either: a.
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The service of the notice of such order to the prisoner; b. The performance of such judicial or executive order for the release of the prisoner; or c. The proceedings upon a petition for the release of such person. Note: Most likely to be violated by wardens or jailers. By expelling a person from the Philippines; 2.
By compelling a person to change his residence. That he expels any person from the Philippines, or compels a person to change his residence; 3. That the offender is not authorized to do so by law. Exception: no expulsion in cases of ejectment, expropriation or when the penalty of destierro is imposed.
Only the President of the Philippines is authorized to deport aliens under the Revised Administrative Code.
Only the court by a final judgment can order a person to change residence The detention is illegal The detention is legal in from the beginning. By entering any dwelling against the will of the owner thereof; 2. By searching papers or other effects found therein without the previous consent of such owner; 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.
Common elements: 1. That the offender is public officer or employee; 2. Qualifying circumstances: 1. If committed at nighttime; 2.
If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender. The offender must be a public officer or employee. In the first mode, lack of consent would not suffice as the law requires that the offenders entry must be over the owners objection. In the second mode, mere lack of consent is sufficient.
In the third mode, what is punished is the refusal to leave, the entry having been made surreptitiously. It is believed, however, that if the surreptitious entry had been made through an opening not intended for that purpose, the offender would be liable under the first mode since it is entry over the implied objection of the inhabitant. Although the Code speaks of the owner of the premises, it would be sufficient if the inhabitant is the lawful occupant using the premises as his dwelling, although he is not the owner thereof.
Procuring a search warrant without just cause Elements: a. That the offender is a public officer or employee; b. That he procures a search warrant; c. That there is no just cause. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured Elements: a. That he has legally procured a search warrant; c. That he exceeds his authority or uses unnecessary severity in executing the same. Search warrant is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Requisite for the issuance of search warrant A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines.
A search warrant shall be valid for ten 10 days from its date. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting; 2.
Hindering any person from joining any lawful association or from attending any of its meetings; 3. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. That the offender is a public officer; 2. That he performs any of the mentioned above Instances when a warrantless search and seizure is valid 1.
Consented searches; 2. As an incident to a lawful arrest; 3. Searches of vessels and aircraft for violation of immigration, customs, and drug laws; 4. Searches of moving vehicles; 5. Searches of automobiles at borders or constructive borders; 6. Where the prohibited articles are in "plain view"; 7. Searches of buildings and premises to enforce fire, sanitary, and building regulations; and 8.
People v. Lopez GR No. That he searches the domicile, papers or other belongings of any person; 3. That he is armed with a warrant; 4. That the owner or any member of his family or two witnesses residing in the same locality are not present.
The papers or other belongings must be in the dwelling of their owner at the time the search is made. Search without warrant under the Tariff and Customs Code does not include a dwelling house. It may be regulated by the police power of the state.
However, there is a legal ground to prohibit when the danger is imminent and the evil to be prevented is a serious one.
The offender must be a stranger, and not a participant. If the offender is a participant, the crime committed is unjust vexation. Interrupting and dissolving the meeting of municipal council by a public officer is a crime against a legislative body, not punished under Art. If the offender is a private individual, the crime is disturbance of public order under Art. That religious ceremonies or manifestations of any religion are about to take place or are going on; 3.
That the offender prevents or disturbs the same. That the acts complained of were performed: a. In a place devoted to religious worship not necessary that there is a religious worship ; or b. During the celebration of any religious ceremony; 2.
That the acts must be notoriously offensive to the feelings of the faithful. Religious ceremonies are those religious acts performed outside of a church, such as procession and special prayers for burying dead person Acts notoriously offensive to the feelings of the faithful The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration.
May be committed by a public officer or a private individual Offense of feeling is judged from complainants point of view. That there be: a. Public uprising; and b. Taking up of arms against the government. For the purpose of: a. Removing from the allegiance to said Government or its laws: i.
The territory of the Philippines, or any part thereof; or ii. Any body of land, naval or other armed forces; or b.
Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives. If the act is to deprive the Judiciary of its powers or prerogatives, the crime committed is sedition.
Rebellion - more frequently used where the object of the movement is to completely overthrow and supersede the existing government. It is a crime of the masses, of the multitude.
It is a vast movement of men and a complex network of intrigues and plots. Purpose of the uprising must be shown, without evidence to indicate the motive or purpose of the accused does not constitute rebellion. It may constitute other crimes like sedition or kidnapping. Insurrection more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.
Rebellion 1. Treason As to purpose To remove from the Violation by a subject of allegiance to said his allegiance to his gov't or the laws the sovereign or to the territory of the Phils. To deprive the Chief Executive or Congress of any of their powers. Manner of commission 1. Public uprising, and 1. By levying war 2. By taking arms against the gov't; against the Gov't.
By adhering to the enemies of the Phils. Testimony of 2 purpose of the uprising; witnesses, at least there must be proof to the same overt beyond reasonable act; or doubt 2.
RPC Book 2 and Special Penal Laws Elements
Persons acting as couriers or spies for rebels are guilty of rebellion. Mere silence regarding the presence of rebels despite knowledge of a rebellion is not punishable.
Rebellion cannot be complexed with, but absorbs other crimes committed in furtherance of rebellious movement. There is no complex crime of rebellion with murder and other common crimes, whether such crimes are punishable under a special law or general law RPC provided that such crimes are committed in furtherance or in pursuance of the movement to overthrow the government. Ponce Enrile v. Amin, G. That the offender is a person or persons belonging to military or police or holding any public office or employment; 2.
That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth; 3.
That the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power; 4. That the purpose of the attack is to seize or diminish state power. Penalty for sedition. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5, pesos.
Conspiracy to commit sedition. Inciting to sedition. Act tending to prevent the meeting of the Assembly and similar bodies. Disturbance of proceedings. Violation of parliamentary immunity. Illegal assemblies. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.
Illegal associations. Mere members of said associations shall suffer the penalty of arresto mayor. Direct assaults. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P pesos shall be imposed.
Indirect assaults. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official.
Resistance and disobedience to a person in authority or the agents of such person. Persons in authority and agents of persons in authority; Who shall be deemed as such.
A barrio captain and a barangay chairman shall also be deemed a person in authority. As amended by PD No. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance.
The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.
Unlawful use of means of publication and unlawful utterances. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; 3.
Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or 4.
Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. Alarms and scandals. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3.
Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4.That the offender without good reason delays either: a. Page 1 of Abets; or 5.
Revised Penal Code of the Philippines
Dictionary of Contemporary International Law. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same. When death results, the crime is homicide or murder, as the case may be. All of each in the who A. That the offender does not take direct part in the crime of sedition; 2.
The crime presupposes the existence of rebellion by other persons; the offender must not be in conspiracy with the rebels; otherwise, he himself will also be guilty of rebellion. Rebellion cannot be complexed with, but absorbs other crimes committed in furtherance of rebellious movement.
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