Crim Law Rev Exercises Book 2 p19 20

REVIEW QUESTIONS
1. Give five examples of crimes against the Fundamental law of the State
2. Arbitrary Detention- any public officer or employee without legal ground detain
a person ;
3. Delay in the delivery of detained person;
4. Delaying release;
5. Expulsion – the penalty of PRISSION CORRECTIONAL shall be imposed upon
any public officer or employee who, not being thereunto authorized by law, shall
expel any person from the Phil. Island or shall compel such person to change his
residence
Two acts
1. By expelling a person from the Phil.(The president)
2. By compelling a person to change his residence (Court)
5. Violation of domicile – the penalty of prison correctional in its minimum period

shall be imposed upon any public officer or employee
Offence committed in the nighttime, or if any papers or effect not constituting evidence
of a crime be not returned immediately after the search made by the offender the
penalty shall be prison correctional in its medium and max period
Acts
1. By entering and dwelling against the will of the owner thereof;
2. By searching to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same
3. By refusing to leave the premises
2. What are the elements of arbitrary detention?
Answer:
The elements of the crime are:
 That the offender is a public officer or employee.
 That he detains a person.
 That the detention is without legal grounds.
3. What are the legal grounds for detention of any person?
Answer:
Legal ground for the detention of any person

(a) Commission of a crime
(b) Violation insanity or any other ailment requirement the compulsory confinement of
the patient in a hospital
(c) If the person is an escape prison
Plain view Doctrine

- Objects are perceptible but an officer must who rightfully to observe and cease
the object without search warrant.
- Object that was cease could be use admissible against to the accused motion to
suppress evidence
3 three requisites:
1. Law enforcement officer has prior justification for a intrusion
2. Discovery of evidence in plain view doctrine is inadvertent
3. Immediate apparent that the item is an evidence of a crime.
4. Expulsion is what type of crime?
Answer:
Crime against fundamental law of the Philippines.
5.Who are considered judicial authorities within the provision of Article 125 of the
RPC?
Answer:
It is Supreme Court and such inferior courts as may be established by law. A fiscal or
public prosecutor is not considered JUDICIAL AUTHORITY.
6. What are the elements of searching domicile without witnesses?
Answer:
ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
That he is armed with a search warrant legally procured. That

he searches the domicile, papers or other belongings of any person. That the
owner, or any member of his family, or two witnesses residing in the same
locality are not present.
7. What are the elements of interruption of religious worship?

Answer:
Elements:
Offender is a public officer or employee;
Religious ceremonies or manifestations of any religion are about to take place or
are going on;
Offender prevents or disturbs the same.
Note:
Circumstances qualifying the offense: if the crime is committed with violence or

threats.
Example: A barrio lieutenant threatened the life of a priest should the latter
persist in his intention to say mass and as a result thereof, the mass was not
celebrated.
8. What are the elements of offending the religious feelings?
Answer:
ART. 133. Offending religious feelings. — The penalty of arresto mayor in its

maximum period to prision correccional in its minimum period shall be imposed
upon anyone who, in a place devoted to religious worship or during the
celebration of any religious ceremony, shall perform acts notoriously offensive to
the feelings of the faithful.
As defined, two essential elements must be present under this article, to wit: (1)
That the facts complained of were performed in a place devoted to religious
worship or during the celebration of any religious ceremony; and (2) that the said
act or acts must be notoriously offensive to the feelings of the faithful.
9. A, the Mayor of the Mun. of Mahinhin, orders the detention of B, who is

suffering from a life-threatening disease. What crimes has A committed, if
any?
Answer:
No, A did not commit any crime.
Under the law, the legal grounds for detention of any person, among others, is
other ailment requiring the compulsory confinement of a patient in a hospital.
Here, by analogy, the detention is treated as hospital arrest considering that B is
suffering from a life-threatening disease which could redound for the benefit of
all in the area.
10. Without any authority, C, working as a cashier with permanent status in the
city Hall of Pakialamera, entered the house of D and searched for the latter’s
books and gadgets. What crime has been committed?
Answer:
The crime committed therein is violation of Domicile under Article 128 of the
RPC

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REVIEW QUESTIONS

5. Violation of domicile – the penalty of prison correctional in its minimum period

2. What are the elements of arbitrary detention?

3. What are the legal grounds for detention of any person?

Legal ground for the detention of any person

Plain view Doctrine

4. Expulsion is what type of crime?

Crime against fundamental law of the Philippines.

6. What are the elements of searching domicile without witnesses?

ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:

That he is armed with a search warrant legally procured. That

7. What are the elements of interruption of religious worship?

Circumstances qualifying the offense: if the crime is committed with violence or

8. What are the elements of offending the religious feelings?

ART. 133. Offending religious feelings. — The penalty of arresto mayor in its

9. A, the Mayor of the Mun. of Mahinhin, orders the detention of B, who is

No, A did not commit any crime.

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