Quick Pointers in Criminal Law(Book 2(Complete))Notes from Lecture of Fiscal Salva (Ret.)Former Chief Prosecutor, City of ManilaJURISTS BAR REVIEW CENTERAugust 14, 2015
Notes•This is not a complete transcript of the lecture•The slides are limited to brief annotations, which the author humbly found remarkable and especially enlightening.•Made these slides to combat sleepiness and be productive, so forgive some typographical and grammatical lapses
Prepared by:Lawrence P. Villamar(With cross-reference to my honey bunch Panky Obbania)
Treason•Continuing crime•TWO WITNESS RULE – Only crime requiring two credible witnesses for the same overt act as way of proving because war time is “abnormal time”.
Conspiracy & Proposal to Commit Treason•Conspiracy need not be accepted in proposal to commit treasin
Misprision of Treason•A crime of ommission•May only be committed by a Filipino citizen (note that this is not expressly identified in the provision of the law).•What must be reported is only conspiracy. If crime is committed already, there can not be misprision if unreported.
Piracy under PD 522•Stowaways may commit piracy undern PD 522, for the purpose of which he is a stranger, unless he is invited by the captain.
Kinds of Arbitrary Detention•See Art. 124 – 125 – 126 of RPC
Delaying Release (Art. 126)•Process server may be held liable
Expulsion (Art 127) vs Grave Coercion (Art. 286)•If without lawful authority, then there may be grave coercion.•Note that expulsion may only be committed by public officer or piublic employee.
Violation of Domicile (Art. 128)•There must either be express or implied prohibition.•If entrance is through a window, there is prohibition as the window is not meant to be a means of entry. •If entry is allowed, does not mean “search is included” in permission.•If policeman leaves but returns, there may be unjust vexation.
Search Warrant Maliciously Obtained (Art. 129)•May also be liable for perjury as to obtain a search warrant, police officer needs to execute an affidavit.•ABUSE IN THE SERVICE -If valid, policeman must not use unreasonable or excessive force. He may be charged with some other crime, if he serves the warrant with unreasonable or excessive force.•If nightime or failure to return seized things not covered by warrant, the violation of domicile becmes qualified.
Dangerous Drug Act Of 2002•“PLANTING OF EVIDENCE” - may be committed by “any person” not only police officer, under Sec 29 of RA 9165.