BURAUEN COMMUNITY COLLEGE

Burauen Municipal Compound, La Purisima Corner Sto. Niño Street

Burauen, Leyte

CRIMINAL LAW BOOK II

(Preliminary Period)

Submitted by:
Espares, Jay Martin M.
BS Criminology 207

Submitted to:
Atty. Henry L. Inopiquez
 Student Activity # 1:
Direction: Answer the essay questions legibly, clearly, and concisely. Your
answers should demonstrate your ability to analyze the facts, apply the pertinent
laws and jurisprudence, and arrive at sound and logical conclusions.

I. X, Chief of Police of “Drug Free Leyte” order the drug users to transfer
residence outside the Municipality of Drug Free Leyte. Y and Z are known drug
users, challenged the said order in the Regional Trial Court. X, argued that it his
lawful performance of duty to protect the citizens against prohibited drugs. You
as future police officer, Will you do the same?
In the Philippines crime and drugs remains the main problems in the country.
Drug use among youth is increasing again, and underage drinking and smoking remain
constant problems. Furthermore, the number and use patterns of chronic, hard-core
drug addicts, who are responsible for large portions of drug-related crimes and for
keeping the drug trafficking market lucrative have not changed.
As a future police officer, I will not do the identical doing as Chief of Police X, for
the reason that transfer of residence just to make our municipality drug free, for me is
no concur. Why? Because we cannot assure that they will stop using drugs if they
change location or being transferred to another place. There is still a chance that this
individuals will still continue using illegal drugs as they transfer. As a future police officer
the right thing to do is to place them in the police custody. We have our law
implemented for the drug users. We have our custodial facilities and rehabilitation
centers a place where they are being supervise and treated. These facilities will help
these drug users to become better personalities and have a better purpose in life.
Making the community safer and more viable in this country is one of the
President's most prominent concerns and an issue that has always been the focus of.
This question will serve as an important resource for me as future police officer. This
case can build a reference on Republic Act No. 9165, otherwise known as the
Comprehensive. Dangerous Drugs Act of 2002, provides that: "the State needs to
enhance further the efficacy of the law against dangerous drugs, it being, one of today's
more serious social problems.
II. X, Y, Z are police Officers assigned in the Municipality of Mandurukot. They
received a call for police assistance for an incident of theft. And when they
arrived in the place, the witnesses informed them that the accused went inside a
particular house owned by M. X, Y, Z went immediately inside the house without
the consent of M. Did X, Y and Z, act in entering the house lawful?
Theft is defined as the physical removal of an object that is capable of being
stolen without the consent of the owner and with the intention of depriving the owner of
it permanently. Legal systems based on common law traditionally distinguished
between theft taking without consent and fraud obtaining with consent through
deception, a distinction still preserved in many jurisdictions.
I agree that the act is lawful, the police can enter establishments without
permission under very specific circumstances, since the police officers X, Y and Z have
received a call for a police assistance. M automatically know that police officers are
coming since there is someone who called for the authorities. The right of the people to
be secure in their persons, houses, papers and effects against unreasonable searches
and seizures, shall not be violated and no warrants shall issue, but upon probable
cause supported by oath or affirmation, and particular describing the place to
unreasonable searches and seizures clause that offers one huge asterisk on the whole
legal concept of no entry without permission. In legalese, this special exception idea is
known as exigent circumstances.
Generally, the police do not have the right to enter a person’s house or other
private premises without their permission. However, they can enter without a warrant;
when in close pursuit of someone the police believe has committed, or attempted to
commit, a serious crime, or to sort out a disturbance.

III. X, was arrested for killing his neighbor Y. However, the family of Y did not
cooperate the police officers during investigation. Hence, the Police Officers
released X from preventive detention after the lapsed of 36 hours period. Was the
act of the police officers legal?
Detention may be illegal without being arbitrary and vice versa. Illegality simply
means that the law has not been complied with, whereas arbitrary refers to the
inappropriate, unjust, unforeseeable or disproportionate nature of the detention.

Yes, the acts of the police the police officers are legal detain since the case has
not been complied or filed yet. If the police officers detain X for prolong of time they
could be sued for illegal detention that was amended on the section two hundred and
sixty-seven of the Revised Penal Code on the Republic Act No. 1084 kidnapping and
serious illegal detention law. It is with the government custody to file a case against X.
Illegal detention occurs when people are arbitrary arrested or imprisoned without
charge or trial for an indefinite amount of time. Without a voice, victims of this crime can
remain trapped in prison systems, where they may suffer disease, malnutrition or
abuse.

IV. Distinguish between Piracy under Revised Penal Code and Piracy under P.D
532? (3%)
Section Three- Piracy or mutiny on the high seas or in Philippine Waters. Art.
122. Piracy in general and mutiny on the high seas or in Philippine waters. The penalty
of reclusion perpetua shall be inflicted upon any person who, on the high seas, or in
Philippine waters, shall attack or seize a vessel or, not being a member the cargo of
said vessel, its equipment, or personal belongings of its complement or passengers.
The same penalty should be inflicted in case of mutiny on the high seas or in the
Philippine waters. (as amended by R.A. 7659, Dec. 13, 1993)
Art. 123. Qualified piracy - the penalty of reclusion perpetua to death shall be imposed
upon those who commit any of the crimes referred to in the preceding article, under any
of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3.Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
( as Amended by R.A 7659, Dec.13,1993)

On August 8, 1974, PD.532was issued, to punish piracy committed in the Philippine

waters. R.A 7659 has now amended Arts. 122 and 123 to put both forms of piracy,
whether punishable under international law or our municipal law, within the purview of
these two articles with increased penalties by simply adding phrase Philippine with
waters "or within the Philippine waters"
V. Distinguish between treason and Espionage (2%)menace territory of the
criminal should therefore be adjudged on the basis of his criminal resolution and
not on the number of acts he committed in furtherance of a single criminal mind.
5. Art. 114.Treason who is committed by any Filipino citizen or an alien residing in
the Philippines who shall levy war against the Philippines or adheres to her enemies
giving them aid or comfort within the Philippines or elsewhere.

Art. 117. Espionage is committed by any person who, without authority thereof,
shall enter warship, fort, naval or military establishment or reservation to obtain any
information, plans, photographs, or other data of a confidential nature relative to the
defense of the Philippine; or by a public officer, who shall disclose to a representative of
a foreign nation the contents of articles, data or information of a confidential nature
relative to the defense of the Philippines, which is in his possession by reason of his
office.

Consequently, treason and espionage differ in the aspect of the offense they
commit and who shall be punished, in treason it is written that a Filipino citizen or an
alien residing in the Philippines. While espionage is committed by any person.
Thereupon, these two crimes against national security and law of nation differs for their
offense and the difference of the people who can commit these two crimes.