Philippines Penal Code Insights

Summary

The Revised Penal Code of the Philippines addresses various criminal acts. In the case of Migui, aiming a gun at Jims leg suggests no intent to kill, but may result in charges of serious or less serious physical injuries, or illegal discharge of firearms. Drunkenly challenging neighbors could be considered alarms and scandals, while discharging a gun at home may also be illegal discharge. Evasion of service of sentence can occur through escape, deceit, or public officer connivance. Abels actions with a prisoner may constitute infidelity in custody. Lemuels escape from prison is evasion of service, while the criminology intern and jail guard may face charges of infidelity in custody for not preventing the escape. Legal outcomes depend on specific circumstances and evidence.

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****. Migui accidentally bumped Jim's car. Following a heated verbal argument, Jim challenged Migui to a fight. To intimidate or frighten Jim who was about to approach him, Migui pulled out a gun from his waist and aimed it at Jim's leg. Jim sustained a gunshot wound in his leg. a. Is there an intent to kill on the part of Migui? Why or why not? b. What is the crime committed, if any? c. Suppose Migui went home drunk and for no reason, he went out of his house and challenged his neighbors to a fight. What is the crime committed, if any? d. Suppose Migui discharged his gun inside his home. What is the crime committed, if any?
Let's break down the situation according to the Revised Penal Code of the Philippines:
a. Intent to Kill: Migui aimed the gun at Jim's leg, which generally indicates no intent to kill, as vital parts of the body were not targeted. However, the context and circumstances might affect legal interpretation.
b. Crime Committed: Migui may be charged with "Serious Physical Injuries" under Article * if Jim's injury is severe, or "Less Serious Physical Injuries" under Article * if less severe. If intent to intimidate is proven, it may involve "Illegal Discharge of Firearms" under Article *.
c. Crime Committed (Drunk and Challenging Neighbors): This could be considered "Alarms and Scandals" under Article *, as it involves disturbing public peace.
d. Crime Committed (Discharging Gun at Home): Discharging a firearm without lawful reason can be charged as "Illegal Discharge of Firearms" under Article *.
Each situation's legal interpretation depends on the specific circumstances and evidence available.
Next this one. *. What are the different forms or ways of committing evasion of service of sentence? *. Abel, a policeman assigned to Mandaluyong City Jail as a guard, while he was off-duty, brought recently released prisoner inside the jail to substitute for his best friend, Lito, a detention prisoner. Abel brought out Lito out of jail and they watched the Liga ng Barangay basketball tournament. Abel returned Lito inside the jail after the tournament. What is the crime committed by Abel, if any
Under the Revised Penal Code of the Philippines:
*. Evasion of Service of Sentence: This can occur through:
- Escaping while serving a sentence.
- Using deceit or fraud to avoid serving the sentence.
- Benefiting from a public officer’s connivance to evade the sentence.
*. Crime Committed by Abel: Abel may be liable for "Infidelity in the Custody of Prisoners" under Article * of the Revised Penal Code, as he unlawfully allowed a prisoner to leave custody, even temporarily.
*. Lemuel is serving a *-year prison term. In his third year in prison, he discovered that the judge committed a big mistake in giving him a *-year sentence when the law he violated only prescribed up to 3 years of imprisonment only. As a criminology intern, you were consulted by the jail guard about Lemuel's claims considering that you are a PCU Dasmariñas student. You found out that Lemuel is indeed correct. The problem is, Lemuel no longer wants to go to court as he has no more money to engage a lawyer. Instead, Lemuel informed you and the jail guard that he would just escape and for humanitarian reasons, you and the jail guard did not object. Lemuel ran out of jail. a. What is the crime committed by Lemuel, if any? Explain. b. What is the crime committed by you as a criminology intern, if any? Explain. c. What is the crime committed by the jail guard, if any? Explain
Case Rating: *
Under the Revised Penal Code of the Philippines:
a. Crime Committed by Lemuel: Lemuel committed "Evasion of Service of Sentence" under Article *, as he escaped from prison without serving his full sentence.
b. Crime Committed by the Criminology Intern: As an accessory to Lemuel's escape, the intern may be liable for "Infidelity in the Custody of Prisoners" under Article *, for not reporting or preventing the escape.
c. Crime Committed by the Jail Guard: The jail guard may also be liable for "Infidelity in the Custody of Prisoners" under Article *, as they allowed or facilitated Lemuel's escape.
These interpretations depend on specific circumstances and evidence.