Justice Sandoval Lecture Notes

July 21, 2017 | Author: augustofficials | Category: Bribery, Marriage, Assault, Pardon, Prison
Share Embed Donate

Short Description

Justice Sandoval Lecture Notes...


[JUSTICE SANDOVAL LECTURE NOTES] CRIMES INVOLVING PRISONERS Articles 156-160, 223-225, 235&245 Evasion of Service of Sentence Art. 156. Delivery of prisoners from jails — any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery.    

Escape of the prisoner may also take place outside of said establishments by taking the guards by surprise. Escape may also be made by any other means. As long as you help in escape, you are liable under this article. Prisoner contemplated: I. a detention prisoner II. a prisoner who is already serving a sentence III. a person who is already in custody of proper authority One who helped must be a private person, if it is a custodian > liable under Article 223.

Art. 157. Evasion of service of sentence — Any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment.  

 

Contemplates a prisoner already serving a sentence by reason of a final judgment. Escape must be without help of another private person or custodian. If with the help of another convict or an employee of the penal establishment, crime is qualified. Not applicable to sentence executed by deportation. Applicable to sentence of destierro.

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities — A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated. 

If failed to give himself up to the authorities within 48 hours (2 days) following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity: I. 1/5 increase of the time still remaining to be served under the original sentence, which in no case shall exceed six months. If he give himself up to the authorities within 48 hours (2 days) following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity:


1/5 deduction of the period of his sentence. Did not provide if deduction may exceed 6 months. If never left: III. 2/5 deduction of the period of his sentence.

Art. 159. Other cases of evasion of service of sentence — A convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon.  If the penalty remitted by the granting of such pardon be higher than six years, the convict shall suffer the unexpired portion of his original sentence.  Liable even if violated a mere municipal ordinance such as anti-littering or any law which is penal in nature. Question: Husband saw his Wife having sexual intercourse with another man. He killed them both. Is he liable under this section? Answer: Yes, since there is a penalty of destierro for his act under Art. 247. Destierro is a penalty under Article 25.

Infidelity in the Custody of Prisoners Art. 223. Conniving with or consenting to evasion — Any public officer who shall consent to the escape of a prisoner in his custody or charge. 

Any custodian who helps the escape of a prisoner (detention, already serving a sentence, already in custody)

Art. 224. Evasion through negligence — If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner.  

Contemplates the presence of negligence by the custodian. If by private person, liable under Article 225. Examples: I. Custodian tinali yung door ng prison cell, tapos pinutol ng mga prisoners yung tali then naka-takas sila. II. Mayor pinagluto yung prisoner sa bahay nila tapos sabi nya magdala sya ng food sa family nya, kahit bumalik yung prisoner sa prison liable si mayor. Why? Kasi courts lang ang pwede magpalaya.

Art. 225. Escape of prisoner under the custody of a person not a public officer — Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles.


Contemplates negligence by a private person in custody of a prisoner or person under arrest. Example: I. Pinahawak sayo yung nakaposas na prisoner at pumayag ka kasi may hahabulin pa si chief. Pagnakatakas, liable ka under this article.

Other offenses or Irregularities by Public Officers Art. 235. Maltreatment of prisoners — Imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.  

Contemplates inhumane disciplinary methods. Example: I. Sinabi ni warden na linisin ang kanal. Not liable si warden under this article. Not inhumane. II. Sinabi ni warden na linisin ang kanal at walang kakain from 8am to 5am hanggat hindi natatapos ang paglilinis. Liable si warden under this article.

Art. 245. Abuses against chastity —  Any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer;  Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. 

 

If the person solicited: I. the wife, II. daughter, III. sister or IV. relative within the same degree by affinity of any person in the custody of such warden or officer. Mother not included. But liable under RA ???? Solicitation from transgender or a man not included. Dapat sa natural girl lang!

CRIMES INVOLVING ASSAULT, RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY & THEIR AGENTS Articles 148 & 149 Art. 148. Direct assaults — Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.

 

Offender must know that the person he attacks is a person in authority or agent thereof. If not, there is no direct assault. I. Light push, tap or light whack to PERSON IN AUTHORITY, already a direct assault. II. Light push, tap, light whack or punch to AGENT IN AUTHORITY, no direct assault but only resistance III. Reason of difference: Authority vs Agent  Agent: Force must be serious to show resistance  Authority: even light or nonserious Assault must be related to the performance of duty or its past performance. Not due to personal issue. Examples: I. X threatened Police. Police is on leave. X said to Police “Gago ka nililigawan mo yung asawa ko” then he punched Police. There is no direct assault because the reason is personal. II. X threatened Police. Police is on leave. X said to Police “Gago ka pinakulong mo ako dati!” then he punched Police. There is direct assault because the assault was made for the reason of P’s past performance of duty. III. X saw Police who is in the street for his duty. X went near to Police and said “Gago ka nililigawan mo yung girlfriend ko” then X shot Police. There is a direct assault because the assault was made when P was performing his duty. This is a situation where the reason, personal or duty-related, is not considered. IV. How about if P was already retired? No direct assault, only homicide, because P already becomes a private person after his retirement.

Art. 149. Indirect assaults — Any person who 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 any of the crimes defined in the next preceding article.


A attacked Judge. B aids Judge. A1 attacked B. Is there an indirect assault? None! This is not what Article 152 contemplates about.

There is indirect assault when: I. The victim of the assault is an AGENT of a person in authority, not when the victim is a person in authority himself. Because if the victim is a person in authority himself, any person who comes in his aid becomes his agent and therefore any attack against the “agent” is a direct assault.  So there in an indirect assault only when the one assaulted is a person who aids a mere agent.


UNLAWFUL MARRIAGES Articles 349, 350, 351 Art. 349. Bigamy — any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. 


In order not to be prosecuted under this article, there must first be a declaration of nullity of marriage.

Art. 350. Marriage contracted against provisions of laws — any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment. Art. 351. Premature marriages — any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death. Any woman whose marriage have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.

BRIBERY Articles 210, 211, 211-A, 212 Art. 210. Direct bribery — there are three ways to commit: I.

By agreeing to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.

Gift must be voluntarily offered or solicited by officer.  Gifts need not be actually received as long as the offer was accepted and the officer promised to commit the unlawful act.  Public officer to suffer penalty corresponding to the crime agreed upon, if the same shall have been committed. By officer accepting gifts in consideration of the execution of an act which does not constitute a crime and the officer executed said act.  There must be an actual receipt of the gift unlike in the first paragraph.  Example: Stenographer pinalitan yung nakasulat sa record nya. Connected sa duty nya yung pag-falsify.  Police binalik yung stolen cylinder tanks kapalit ng pera. His act of receiving money was connected with his duty as a police officer. By officer receiving gift in exchange of a promise to refrain from doing something which it was his official duty to do. 

  

Offer must be accepted by the public officer. If the offer is not accepted by the public officer, only the person offering is criminally liable for attempted corruption of public officer. Gift must be capable of pecuniary estimation.

Art. 211. Indirect bribery — Public officer who shall accept gifts offered to him by reason of his office.  

Example: Si judge binigyan ng balato ni X na nanalo sa kaso nya under kay judge. Anticipation of future favor. No agreement to perform or refrain from doing something unlike in direct bribery. As long as he accepts gifts offered by reason of his office.

Art. 210-A. Qualified Bribery – resisting to arrest a person who committed a crime punishable by reclusion perpetua or death, in consideration of a promise, gift of present.   

Unique provision because the penalty is the penalty for the crime not prosecuted. Crime should be punishable by reclusion perpetua or death. So if homicide lang, no qualified bribery.

Art. 212. Corruption of public officials. — Any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles.

View more...


Copyright ©2017 KUPDF Inc.