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CPCLJ2 CHP 3 Assignment

This document discusses crimes against fundamental law and religious worship in the Philippines. It provides examples of such crimes like arbitrary detention, expulsion, violation of domicile, and interruption of religious worship. It also outlines the elements of these crimes and discusses when detention of a person could be legal. The document concludes by asking questions about applying these laws to hypothetical situations involving public officials detaining or searching people without cause.

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0% found this document useful (2 votes)
585 views

CPCLJ2 CHP 3 Assignment

This document discusses crimes against fundamental law and religious worship in the Philippines. It provides examples of such crimes like arbitrary detention, expulsion, violation of domicile, and interruption of religious worship. It also outlines the elements of these crimes and discusses when detention of a person could be legal. The document concludes by asking questions about applying these laws to hypothetical situations involving public officials detaining or searching people without cause.

Uploaded by

Ken Ken
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1. Give five examples of crimes against fundamental law of the state.

a. Arbitrary detention
b. Expulsion
c. Violation of Domicile
d. Searching Domicile without Witness
e. Interruption of Religious Worship

2. What are the elements of arbitrary detention?


a. That the offender is a public officer or employee;
b. That the offender detains a person;
c. That the detention is without legal grounds.

3. What are the legal grounds for detention of any person?


a. The commission of a crime;
b. Violent insanity or other ailment requiring the compulsory confinement of a
patient in a hospital.

4. Expulsion is what type of crime?


- Crimes against national security and the law of nations.

5. Who are considered judicial authorities within the provision of Article 125 of the
RPC?
- The Supreme Court

6. What are the elements of searching domicile without witnesses?


a. That the offender is a public officer or employee;
b. That he is armed with a search warrant legally procured;
c. That he searches the domicile, papers or other belongings of any person;
d. That the owner, or any member of his family, or two witnesses residing in
the same locality are not present.

7. What are the elements of interruption of religious worship?


a. That the offender is a public officer or employee;
b. That religious ceremonies or manifestations of any religion are about to
take or are going on;
c. That the offender prevents or disturbs the same.

8. What are the elements of offending the religious feelings?


a. That the acts complained of were performed in a placed devoted to
religious worship, or during the celebration of any religious ceremony;
b. That the acts be notoriously offensive to the feelings of the faithful.
9. A, the mayor of the Municipality of Mahinhin, ordered the detention of B, who is
suffering from a life-threatening disease. What crime has A committed, if any?
- Article 124 of the RPC Arbitrary detention, which is detention without
legal grounds.

10. Without any authority, C, working as a cashier with permanent status in the City
Hall of Pakialamera, entered the house of D and searched for the latter’s books
and gadgets. What crime has been committed?
- Violation of Domicile Article 128 of the RPC.

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