Professional Documents
Culture Documents
This Title punishes certain acts committed during wartime or peacetime which endanger the very existence of the
State
Articl
Felony Description Elements Trivia Penalty
e No.
Art Qualified This is piracy (1)The vessel is on high seas This is a special complex crime Reclusion
123 Piracy attended by of Philippine waters punishable by reclusion perpetua Perpetua to
Death
qualifying (2)Offenders may or may not to death regardless of the number
circumstance be members of the of victims
s, which complement or are RA 6235: n act prohibiting
passengers Certain Acts Inimical to Civil
results to a
Aviation. This crime happens
higher (3)Offenders either
when the aircraft is in flight
penalty. a. Attack or seize the
when all exterior doors are
vessel or
closed for the purpose of
b. Seize the whole or
embarkation (15Y-Death for [1]
2 Not technically part of the territory of a country but a state may exercise certain rights such as exploitation
Art Arbitrary Arbitrary (1)offender is an officer or Public officer: Must be vested (1) T< 3 yrs:
Arresto
124 Detention detention is public employee with the authority to detain or
mayor max
confining a (2)Offender detains a person order the detention of an accused.
Prision
person (3)detention is without legal Co-conspirators of public officers correction
without any grounds re also guilty of arbitrary al
legal ground detention. minimum
Detention: actual confinement of (2) 3 yrs < T
<15:
a person in an enclosure, or in any
Prision
manner detaining and depriving correction
him of liberty. al medium
Restraint resulting from fear is and
counted as detention. maximum
Without legal grounds: [1] not (3) 15 days <
committed any crime or no T < 6
reasonable ground for suspicion months:
Prision
that he committed a crime; [2] not
mayor
suffering from violent insanity or (4) T> 6
any other ailment that requires months:
confinement. (opposite of these are Reclusion
the lawful grounds for detention) temporal
Exception to warrant: [1] in his
presence is committing or
attempting to commit an offense
[2] offense has been committed
and he has probable cause to
believe that the person has
committed it based on personal
knowledge; [3] prisoner has
escaped penal establishment.
Probable cause needed: would
lead a prudent man to believe that
an offense has been committed and
the objects are in the place to be
searched.
Personal knowledge: not just a
witness testimony if the crime has
already been committed
Arrest must be after the fact of
the commission of the crime.
Reasonable ground only applies to
the identity of the perpetrator.
(Rule 113)
Art Delay in This crime (1)offender is a public Ground for detention must be legal (1) T < 3d:
Arresto
125 Delivery consists of officer or employee but there is just delay.
mayor max
of not (2)he has detained a person 125 does not apply when arrest is prision
Detained immediately for a legal ground made with a warrant. correction
Persons to delivering a (3)failure to deliver such If without a warrant 125 applies al
the Proper detained person within: because the arresting officer must minimum
bring the person to the authorities. (2) 3d < T <
Judicial person to a a. 12 hours, light
Failure under art 125 to deliver 15d:Prisio
authoritie proper penalties, n
does not affect the legality of the
s judicial b. 18 hours, correccion
confinement of the petitioner who
authority. correctional is detained because of a warrant
al med
max
penalties subsequently issued by a court (3) 15d < T <
c. 36 hours, afflictive when an information was filed. 6M:
or capital penalties However, arresting officer is still Prision
liable even after the information mayor
has been filed. (4) T> 6
Art 125 is not a way to quash months:
Reclusion
information under Rule 113 Sec 2,
temporal
ROC
Rights of detainee: [1] informed of
cause of detention; [2] allowed
upon request to communicate at
anytime with his counsel.
A warrantless arrest gives
arresting officers provisional
authority. This authority is vested
unto them by judicial power from
the Rules of court which provide
for warrantless arrest.
The person liable is the one who
has custody of the accused
The person who will file the
complaint is the (city)
prosecutor
o In the absence it will be
[1] inquest prosecutor;
[2] offended party or; [3]
peace office based on the
affidavit of the offended
party or arresting officer
(Sec 7, Rule 112)
In the end police will still have to
release if they are not able to
deliver the accused.