FLORA, JUSTINE JAY B.

3BSC5B CLJ4N

A. What are the punishable acts in Violation of Domicile (give all).

1. The Public officer enters any dwelling against the will if the owner.

- A public officer such as the Police, NBI agents, PDEA operatives, etc. entering a residence or a house
against the will of the owner.

2. The public officer searches papers or other effects found therein without the previous consent of such
owner

- Interrogation or inspection of documents or papers by a public officer without the consent of the
owner of the house

3. Having surreptitiously entered said dwelling, and being required to leave the premises, the public
officer refuses to do so.

- A public officer who does not leave a residence or home even if it is completely evicted by the owner of
the house

B. What are the qualifying circumstances for Violation of Domicile.

1. If committed at nightmare

- A public officer who is not authorized or secretly enters the dwelling while it is dark or at night does so.

2. If any papers or effects not constituting evidence of a crime are not returned immediately after a
search is made by the offender

C. What are the punishable acts in Search Warrant Maliciously Obtained (give all). Provide examples for
each.

1. procuring a search warrant without just cause

- A public officer who conducts a search warrant on a house or a person without any basis or just the act
of a public officer

2. exceeding his authority by using unnecessary severity in executing a search warrant legally procured
- A public officer who had a valid search warrant entered Juan's house, and the public officer threatened
and assaulted Juan even though it was not necessary because only a search warrant would be done not
to arrest Juan

D. What is search warrant

- A court order to government officials or law enforcer to conduct or gather information or evidence on
a person, place and vehicle to aid in a crime and to seize evidence they find.

E. What is probable cause

- A reasonable person would believe that a crime was in the process of being committed, had been
committed, or was going to be committed. for example, in a crime or rape that happened in a place and
a public officer saw or heard a woman crying in a room or place, then the first responder caught a man
hurrying to dress properly and flee the scene of the crime you can ask your superiors for a search
warrant for the person you caught or the suspect you saw in that area. You have probable cause that he
raped the woman, or he did something to the woman or he is going to do something bad to the woman.

F. When are warrantless searches valid? Give examples for each.

1. Warrantless search incidental to a lawful arrest

- When a public officer catches someone committing a crime you can arrest them and you have the right
to search them.

2. Search of Evidence in Plain View

- Conducting a search warrant by a public officer in a place or house where something illegal was found
and it was immediately seized even though it was not the intention to search because it was illegal

3. Search of a moving Vehicle

- Search by a public officer in a moving vehicle, because at any time it can leave or escape if the evidence
you are looking for is inside the car

4. Consented Warrantless search

- Giving consent or allowing a Public officer to execute a search warrant inside the owner's home

5. Customs search

- Execution of search warrants at the ports to prevent smuggled items from entering our country
without government permission and without paying proper taxes

6. Stop and Frisk

- when a public officer conducts a search on a person based on his appearance, behavior, and based on
the sight of a public officer

7. Exigent or emergency circumstances

- Conducting a search by a public officer or employee in a place without a search warrant because it is
necessary

example, the fireman has the right to search a movie theater even without a search warrant because he
is looking to see if said movie theater follows the fire exit protocol because there are many people inside
the movie theater and so that an officer can ensure the safety of the people.

8. Search for Prohibited Materials or Substances at the Airport Entrances

- conducting a search operation on people entering and exiting the Airport by employees and authorities
even without a search warrant, because this is what is required by law to inspect the people and luggage
of a passenger to prevent harm and protect the majority.

G. Differentiate Violation of Domicile, Search Warrant Maliciously Obtained, and Searching Domicile
without Witness.

- In the articles of Violation of Domicile, Search Warrant Maliciously Obtained, and Searching Domicile
without Witness all here the offender is a Public officer or employee. Violation of Domicile (Art. 128) is
the examination of documents inside a home without the consent of the owner of the home while
Search Warrant Maliciously Obtained (Art.129) is the execution of a public officer's search warrant
without any basis and the latter is Searching Domicile without Witness in this article (Art 130) it is said
that a public officer holds a valid search warrant but when he executed the search warrant the owner
was not there or no one lived there or there were no 2 witnesses in the community.

H. What is rebellion. Give all the elements for the crime of rebellion.

1. There is a public uprising and taking arms against the government

2. The purpose of the uprising or movement is

a. To remove from the allegiance to said Government or its laws, the territory of the Republic or the
Philippines or any parts thereof, of any body of land, naval or other armed force.

b. To deprive the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.

I. What is coup de etat? Give all elements for coup de etat.

ARTICLE 134 - COUP D' ETAT

1. Offender is a person or persons belonging to the military or police or holding any public office or
employment.
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or
stealth

3. The attack is directed against the duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities or other facilities needed for the
exercise and continued possession of power.

4. The purpose of the attack is to seize or diminish state power

J. Differentiate Treason, Sedition, Rebellion, and Coup de Etat.

- Espionage entails spying on the government, trading state secrets (particularly military) to another
country (even a friendly one), or sabotaging governmental facilities, equipment, or suppliers. Sedition
entails the organized incitement to rebellion or civil disorder against the authority of the state. Treason
requires an actual betrayal of the government, or "espionage." Additionally, it distinguishes the offense
from treason, which is the betrayal of one's country or acting in its adversaries' interests. Additionally, a
coup d'etat can be carried out single or simultaneously, and the main perpetrators must be members of
the military, national police, or public officers, with or without support from the general populace. The
fourth option is a coup d'etat against the government, which can be carried out from within.