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custody of a person not a public officer the Code mentions also persons under
arrest whose conveyance or custody must be confided to the offender.
Q: Will a public officer be liable under Article 232 Disobedience to
order of superior officer, when said order was suspended by the
inferior officer if the order of the superior is illegal?
A: Under the law, obedience to an order which is illegal is not justified and the
subordinate who obeys such order may beheld criminally liable. (Art. 11,
par.6)
Q: For the crime of refusal of assistance is damage necessary?
A: Yes, there must be damage to the public interest or to a third party, great
or small.
Q: Are appointed officials liable for refusal to discharge elective
office?
A: Article 234 or refusal to discharge elective office penalizes refusal to
discharge the duties of an elective office. Hence, refusal to discharge the
duties of an appointive office is snot covered by this Article.
Q: Can a Mayor of a municipality be liable of Maltreatment of
prisoners even if the prisoner is in the custody of a police?
A: The mayor is not liable for maltreatment of prisoners if the latter is in the
custody of the police. Article 235 contemplates actual charge of the prisoner,
not one which is so merely by legal fiction. (People v. Javier, C.A., 54 O.G.
6622)
Q: If a public officer resigns by verbal statement and then abandons
his office, will the public officer be liable under Article 238
Abandonement of office or position.
A: Yes, A verbal statement made by the accused to the Collector of Internal
Revenue that he was resigning is not the form of resignation contemplated by
the set-up of our Civil Service System. (People v. Santos)
Q: If a public officer nominates or appoints a person to a public office
and that person is not qualified for the position, will the public
officer be liable?
A: It depends, there must be a law providing for the qualifications of a person
to be nominated or appointed to a public office for the public officer to be
liable under Article 244.
Include:
a)
4. Anti-Hijacking Law
5. Anti-Piracy and Anti-Highway Robbery Law
6. Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunition or Explosives
(R.A. 9372, Sec. 3)
Can mere conspirators who did not participate in the crime of
terrorism or accomplices and accessories be liable for terrorism?
Yes they may be liable but only under the Provisions of the Human Security
Act (R.A. 9372, Sec. 4, 5, 6)
The Provisions of Articles 18 on accomplices and 19 on accessories of the RPC
do not apply since the penalty of nomenclature in the Act is not the same as
that of the RPC
Can a son who kills his father because he mistook his father for a
robber be penalized with reclusion perpetua for the crime of
parricide?
No, he cannot.
There are 3 circumstances for when those liable for parricide cannot be
penalized with reclusion perpetua to death: Parricide Through Negligence
(Revised Penal Code, Art. 365), Parricide by Mistake (Revised Penal Code, Art.
249), Parricide Under Exceptional Circumstances (Revised Penal Code, Art.
247)
If a person who is not a relative of the deceased takes part in the
commission of the crime of parricide, will he be liable for parricide?
The stranger will not be liable. The Key element in parricide is the relationship
of the offender with the victim. (People vs. Dalag, G.R. No. 129895)
Will dismemberment of the dead body qualify a killing to murder?
Yes it is considered as as one manner of outraging or scoffing at the corpse of
the victim and qualifies the killing to murder. (People vs. Guillermo, G.R. No.
147786)
When there is a quarrel between a group of individuals and one of
them was identified as the principal author of the killing, as against
a
common particular victim, is there a tumultous affray?
No it is not, in such a case the crime committed is homicide under Art. 249 of
the Revised Penal Code (People vs. Unlagada, G.R. No. 141080)
Will there be consummated rape if there is penetration but the
hymen is not ruptured?