Q: What are the punishable acts? A: 1. 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 2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured Elements: a. That the offender is a public officer or employee b. That he has legally procured a search warrant c. That he exceeds his authority or uses unnecessary severity in executing the same Q: What is a search warrant? A: It is an order in writing, issued in the name of the People…
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VIOLATION OF DOMICILE (Art. 128 of REVISED PENAL CODE OF THE PHILIPPINES )
Q: What are the modes of committing this crime? A: 1. First mode: Entering any dwelling against the will of the owner thereof Note: In the first mode, lack of consent would not suffice as the law requires that the offender’s entry must be over the owner’s objection, express or implied. 2. Second mode: Searching papers or other effects found therein without the previous consent of such owner Note: In the second mode, mere lack of consent is sufficient. 3. Third mode: Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same Note: In the third mode, what is punished…
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EXPULSION (Art. 127 of the REVISED PENAL CODE OF THE PHILIPPINES )
Q: What are the punishable acts? A: 1. Delaying the performance of judicial or executive order for the release of a prisoner 2. Unduly delaying the service of the notice of such order to said prisoner 3. Unduly delaying the proceedings upon any petition for the liberation of such person. Q: What are the elements of delaying release? A: 1. Offender is a public officer or employee 2. There is a judicial executive order for the release of the prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. Service of notice of such…
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DELAYING RELEASE (Art. 126 of the REVISED PENAL CODE OF THE PHILIPPINES )
Q: What are the punishable acts? A: 1. Delaying the performance of judicial or executive order for the release of a prisoner 2. Unduly delaying the service of the notice of such order to said prisoner 3. Unduly delaying the proceedings upon any petition for the liberation of such person. Q: What are the elements of delaying release? A: 1. Offender is a public officer or employee 2. There is a judicial executive order for the release of the prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. Service of notice of such…
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DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY (Art. 125 of REVISED PENAL CODE OF THE PHILIPPINES )
Q: What are the elements of this crime? A: 1. Offender is a public officer or employee 2. He has detained a person for some legal ground 3. He fails to deliver such person to the proper judicial authorities within: a. 12 hours for crimes/offenses punishable by light penalties or their equivalent; b. 18 hours for crimes/offenses punishable by correctional penalties or their equivalent; c. 36 hours for crimes/offenses punishable by afflictive penalties or their equivalent. Q: What are the circumstances considered in determining liability of officer detaining a person beyond legal period? A: 1. The means of communication 2. The hour of arrest 3. Other circumstances such as the…
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ARBITRARY DETENTION (Art. 124 OF REVISED PENAL CODE OF THE PHILIPPINES )
Q: What are the elements of the crime of arbitrary detention? A: 1. Offender is a public officer or employee 2. He detains a person 3. Detention is without legal grounds. Q: When is a person considered in detention? A: A person is detained when he is placed in confinement or there is restraint on his person. Q: Can there be arbitrary detention even if the victims were not kept in an enclosure? A: Yes. The prevailing jurisprudence on kidnapping and illegal detention is that the curtailment of the victim’s liberty need not involve any physical restraint upon the victim’s person. If the acts and actuations of the accused can…
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DOMESTIC ADOPTION LAW
1. WHO CAN ADOPT Q: Who may adopt? A: 1. Filipino; 2. Alien; 3. Guardian with respect to his ward. Q: What are the qualifications of a Filipino who may adopt? A: 1. Must be of Legal age; 2. In a Position to care for his children; 3. Good moral character; 4. Full civil capacity and legal rights; 5. Not been Convicted of any crime involving moral turpitude; 6. Emotionally and psychologically capable of caring for children; 7. At least 16 years older than adoptee. Except It is not necessary that adopter be at least 16 years older: a. Adopter is the biological parent of the adoptee, b. Adopter is the spouse of adoptee’s parent. Q: What are the qualifications of an alien who may adopt under R.A. 8552? A: 1. Possesses Same qualifications as those enumerated for Filipino adopters; 2. His country has Diplomatic relations with the Philippines; 3. Has been living in the Philippines for at least 3 continuous years prior to the application for adoption and maintains such residence until adoption decree has been entered. Except a. He is a former Filipino who seeks to adopt a relative within the 4th civil …
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ILLEGITIMATE CHILDREN
Q: Who are illegitimate children? A: Children conceived and born outside a valid marriage. Q: In what instances may an illegitimate child use the surname of their father? Filiation has been Recognized by the father through the record of birth appearing in the civil register Admission in public document Private handwritten instrument is made by the father Note: Provided that the father has the right to institute an action before the regular courts to prove non‐filiation during his lifetime.
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MARRIAGE
Q: What is marriage? A: Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code. (Art. 1, FC)
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BREACH OF PROMISE TO MARRY
Q: Is breach of promise to marry an actionable wrong? A: No, a breach of promise to marry perse in not an actionable wrong. There is no provision of the Civil Code authorizing an action for breach of promise to marry. Exept , when the act is not a mere breach of promise to marry but constitutes one where damages pursuant to Art. 21 of the Civil Code may be recovered, such as: 1. Where the woman is a victim of moral seduction. (Gashem Shookat Baksh v. CA, G.R. No. 97336, February 19, 1993) 2. Where one formally sets a wedding and go through and spend for all the preparations and publicity, only to walk out of it when the matrimony was about to be solemnized.( Wassmer v. Velez, G.R. No. L‐20089 , December 26, 1964)
